[Rev. 10/12/2015 2:04:48 PM]

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ê2015 Statutes of Nevada, Page 1849ê

 

CHAPTER 333, SB 463

Senate Bill No. 463–Committee on Education

 

CHAPTER 333

 

[Approved: June 2, 2015]

 

AN ACT relating to education; requiring certain providers of electronic applications used for educational purposes to provide written disclosures concerning personally identifiable information that is collected; requiring such a provider to allow certain persons to review and correct personally identifiable information about a pupil maintained by the provider; limiting the circumstances under which such a provider may collect, use, allow access to or transfer personally identifiable information concerning a pupil; requiring such a provider to establish and carry out a detailed plan for the security of data concerning pupils; requiring teachers and other licensed personnel employed by a school district or charter school to complete certain professional development; requiring certain disciplinary action against a teacher or administrator for willful breaches in security or confidentiality of certain examinations; providing a civil penalty for certain violations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 5 of this bill requires a school service provider to provide to the board of trustees of a school district or the governing body of a school, as applicable, and a teacher who uses a school service, a written disclosure of: (1) the types of personally identifiable information collected by the school service provider; (2) the manner in which such information is used; (3) a description of the plan for security of data concerning pupils which has been established by the school service provider; and (4) any material change to such a plan. Section 3 of this bill defines the term “school service” to mean, with certain exceptions, an Internet website, online service or mobile application that: (1) collects or maintains personally identifiable information concerning a pupil; (2) is used primarily for educational purposes; (3) is designed and marketed for use in public schools; and (4) is used at the direction of teachers and other educational personnel. Section 5 requires a school service provider to: (1) allow certain pupils or the parent or guardian of a pupil to review personally identifiable information about the pupil maintained by the school service provider; and (2) establish a process for making any corrections to such information.

      Section 6 of this bill limits the circumstances under which a school service provider may collect, use, allow access to or transfer personally identifiable information concerning a pupil. Section 6 requires a school service provider to delete personally identifiable information concerning a pupil at the request of the board of trustees of the school district or the governing body of the school, as applicable. Section 6 requires any agreement entered into by a school service provider that provides for the disclosure of personally identifiable information to limit the circumstances under which the person or governmental entity to whom the information is disclosed may collect, use or transfer such information to circumstances authorized by law. Section 6 also subjects any school service provider that violates these requirements to a civil penalty.

      Section 7 of this bill requires a school service provider to establish and carry out a detailed plan for the security of any data concerning pupils that is collected or maintained by the school service provider. Section 8 of this bill requires each school district and the governing body of a charter school or university school for profoundly gifted pupils, as applicable, to annually provide professional development regarding the use of school service providers and the security of data concerning pupils.

 


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the use of school service providers and the security of data concerning pupils. Section 8 also requires teachers and other licensed personnel employed by a school district or charter school to annually complete professional development regarding school service providers and the security of data concerning pupils.

      Section 8.3 of this bill authorizes a school service provider to use and disclose information derived from personally identifiable information to demonstrate the effectiveness of the products or services of the school service provider. Section 8.5 of this bill prohibits a person or governmental entity from waiving or modifying any right, obligation or liability provided by the provisions of sections 1.5-8.5. Section 8.5 also provides that any condition, stipulation, or provision in a contract that conflicts with the provisions of sections 1.5-8.5 is void and unenforceable.

      Existing law authorizes a teacher to be suspended, dismissed or not reemployed and an administrator to be demoted, suspended, dismissed or not reemployed for breaches in security or confidentiality of the questions and answers of certain examinations. (NRS 391.3127) Section 9 of this bill instead requires a teacher to be suspended, dismissed or not reemployed and an administrator to be demoted, suspended, dismissed or not reemployed if the teacher or administrator is found, through an investigation of a testing irregularity, to have willfully committed such a breach.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.25 to 8.5, inclusive, of this act.

      Sec. 1.25.  (Deleted by amendment.)

      Sec. 1.5. As used in sections 1.25 to 8.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 4.5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 2. “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

      Sec. 3. 1.  “School service” means an Internet website, online service or mobile application that:

      (a) Collects or maintains personally identifiable information concerning a pupil;

      (b) Is used primarily for educational purposes; and

      (c) Is designed and marketed for use in public schools and is used at the direction of teachers and other educational personnel.

      2.  The term does not include:

      (a) An Internet website, online service or mobile application that is designed or marketed for use by a general audience, even if the school service is also marketed to public schools;

      (b) An internal database, system or program maintained or operated by a school district, charter school or university school for profoundly gifted pupils;

      (c) A school service for which a school service provider has:

             (1) Been designated by a school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department as a school official pursuant to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232(g);

 


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             (2) Entered into a contract with the school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department; and

             (3) Agreed to comply with and be subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232(g), relating to personally identifiable information;

      (d) Any examinations administered pursuant to NRS 389.550 and 389.805 or the college and career readiness assessment administered pursuant to NRS 389.807; or

      (e) Any instructional programs purchased by a school district, a charter school, the governing body of a university school for profoundly gifted pupils or the Department.

      Sec. 4. “School service provider” means a person that operates a school service, to the extent the provider is operating in that capacity.

      Sec. 4.5. “Targeted advertising” means presenting advertisements to a pupil where the advertisement is selected based on information obtained or inferred from the online behavior of a pupil, the use of applications by a pupil or personally identifiable information concerning a pupil. The term does not include advertising to a pupil at an online location based upon the current visit to the location by the pupil or a single search query without the collection and retention of the online activities of a pupil over time.

      Sec. 5. 1.  Before the persons or governmental entities described in subsection 3 begin using a school service, a school service provider must provide a written disclosure to such persons or governmental entities in language that is easy to understand, which includes, without limitation:

      (a) The types of personally identifiable information collected by the school service provider and the manner in which such information is used; and

      (b) A description of the plan for the security of data concerning pupils which has been established by the school service provider pursuant to section 7 of this act.

      2.  Before a school service provider makes a material change to the plan for the security of data concerning pupils established pursuant to section 7 of this act, the school service provider must provide notice to the persons or governmental entities set forth in subsection 3.

      3.  The disclosure or notice provided pursuant to subsection 1 or 2, as applicable, must be provided to:

      (a) The board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, as applicable, that uses the school service of the school service provider; and

      (b) Any teacher who uses the school service.

      4.  A school service provider shall:

      (a) Allow a pupil who is at least 18 years of age and the parent or legal guardian of any pupil to review personally identifiable information concerning the pupil that is maintained by the school service provider; and

      (b) Establish a process, in accordance with any contract governing the activities of a school service provider and which is consistent with the provisions of sections 1.5 to 8.5, inclusive, of this act, for the correction of such information upon the request of:

             (1) A pupil who is at least 18 years of age or the parent or legal guardian of any pupil; or

 


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             (2) The teacher of the pupil or the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable.

      Sec. 6. 1.  Except as otherwise provided in subsections 2 and 5, a school service provider may collect, use, allow access to or transfer personally identifiable information concerning a pupil only:

      (a) For purposes inherent to the use of a school service by a teacher in a classroom or for the purposes authorized by the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable, so long as it is authorized by federal and state law;

      (b) If required by federal or state law;

      (c) In response to a subpoena issued by a court of competent jurisdiction;

      (d) To protect the safety of a user of the school service; or

      (e) With the consent of any person required in a policy of the school district, charter school or university school for profoundly gifted pupils, as applicable, or, if none, with the consent of the pupil, if the pupil is at least 18 years of age, or the parent or legal guardian of the pupil if the pupil is less than 18 years of age.

      2.  A school service provider may transfer personally identifiable information concerning a pupil to a third-party service provider if the school service provider provides notice to any person designated in a policy of the school district, charter school or university school for profoundly gifted pupils, as applicable, to receive such notice or, if none, to the pupil, if the pupil is at least 18 years of age, or the parent or guardian of the pupil and:

      (a) Contractually prohibits the third-party service provider from using any such information for any purpose other than providing the contracted school services to, or on behalf of, the school service provider;

      (b) Prohibits the third-party service provider from disclosing any personally identifiable information concerning a pupil unless the disclosure is authorized pursuant to subsection 1; and

      (c) Requires the third-party service provider to comply with the requirements of sections 1.5 to 8.5, inclusive, of this act.

      3.  A school service provider shall delete any personally identifiable information concerning a pupil that is collected or maintained by the school service provider and that is under the control of the school service provider within a reasonable time not to exceed 30 days after receiving a request from the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable. The board of trustees or the governing body, as applicable, must have a policy which allows a pupil who is at least 18 years of age or the parent or legal guardian of any pupil to review such information and request that such information about the pupil be deleted.

 


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information about the pupil be deleted. The school service provider shall delete such information upon the request of the parent or legal guardian of a pupil if no such policy exists.

      4.  Any agreement entered into by a school service provider that provides for the disclosure of personally identifiable information must require that the person or governmental entity to whom the information will be disclosed abide by the requirements imposed pursuant to this section.

      5.  A school service provider shall not:

      (a) Use personally identifiable information to engage in targeted advertising.

      (b) Except as otherwise provided in this paragraph, sell personally identifiable information concerning a pupil. A school service provider may transfer personally identifiable information concerning pupils to an entity that purchases, merges with or otherwise acquires the school service and the acquiring entity becomes subject to the requirements of sections 1.5 to 8.5, inclusive, of this act and any contractual provisions between the school service provider and the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, as applicable, governing such information.

      (c) Use personally identifiable information concerning a pupil to create a profile of the pupil for any purpose not related to the instruction of the pupil provided by the school without the consent of the appropriate person described in paragraph (e) of subsection 1.

      (d) Use personally identifiable information concerning a pupil in a manner that is inconsistent with any contract governing the activities of the school service provider for the school service in effect at the time the information is collected or in a manner that violates any of the provisions of sections 1.5 to 8.5, inclusive, of this act.

      (e) Knowingly retain, without the consent of the appropriate person described in paragraph (e) of subsection 1, personally identifiable information concerning a pupil beyond the period authorized by the contract governing the activities of the school service provider.

      6.  This section does not prohibit the use of personally identifiable information concerning a pupil that is collected or maintained by a school service provider for the purposes of:

      (a) Adaptive learning or providing personalized or customized education;

      (b) Maintaining or improving the school service;

      (c) Recommending additional content or services within a school service;

      (d) Responding to a request for information by a pupil;

      (e) Soliciting feedback regarding a school service; or

      (f) Allowing a pupil who is at least 18 years of age or the parent or legal guardian of any pupil to download, transfer, or otherwise maintain data concerning a pupil.

      7.  A school service provider that violates the provisions of this section is subject to a civil penalty in an amount not to exceed $5,000 per violation. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

 


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      Sec. 7. 1.  A school service provider shall establish and carry out a detailed plan for the security of any data concerning pupils that is collected or maintained by the school service provider. The plan must include, without limitation:

      (a) Procedures for protecting the security, privacy, confidentiality and integrity of personally identifiable information concerning a pupil; and

      (b) Appropriate administrative, technological and physical safeguards to ensure the security of data concerning pupils.

      2.  A school service provider shall ensure that any successor entity understands that it is subject to the provisions of sections 1.5 to 8.5, inclusive, of this act and agrees to abide by all privacy and security commitments related to personally identifiable information concerning a pupil collected and maintained by the school service provider before allowing a successor entity to access such personally identifiable information.

      Sec. 8.  1.  Each school district and the governing body of a charter school or a university school for profoundly gifted pupils, as applicable, shall annually provide professional development regarding the use of school service providers and the security of data concerning pupils.

      2.  Teachers and other licensed educational personnel employed by a school district, charter school or university school for profoundly gifted pupils shall complete the professional development provided pursuant to subsection 1.

      Sec. 8.3. A school service provider may use and disclose information derived from personally identifiable information concerning a pupil to demonstrate the effectiveness of the products or services of the school service provider, including, without limitation, for use in advertising or marketing regarding the school service so long as the information is aggregated or is presented in a manner which does not disclose the identity of the pupil about whom the information relates.

      Sec. 8.5. A person or governmental entity may not waive or modify any right, obligation or liability set forth in sections 1.5 to 8.5, inclusive, of this act. Any condition, stipulation or provision in a contract which seeks to do so or which in any way conflicts with the provisions of sections 1.5 to 8.5, inclusive, of this act is against public policy and is void and unenforceable.

      Sec. 9. NRS 391.31297 is hereby amended to read as follows:

      391.31297  1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

      (a) Inefficiency;

      (b) Immorality;

      (c) Unprofessional conduct;

      (d) Insubordination;

      (e) Neglect of duty;

      (f) Physical or mental incapacity;

      (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

      (h) Conviction of a felony or of a crime involving moral turpitude;

      (i) Inadequate performance;

      (j) Evident unfitness for service;

 


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      (k) Failure to comply with such reasonable requirements as a board may prescribe;

      (l) Failure to show normal improvement and evidence of professional training and growth;

      (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

      (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

      (o) Willful neglect or failure to observe and carry out the requirements of this title;

      (p) Dishonesty;

      (q) [Breaches in the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 389.550 or 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807.

      (r)] Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 389.616 or 389.620;

      [(s)] (r) An intentional violation of NRS 388.5265 or 388.527;

      [(t)] (s) Gross misconduct; or

      [(u)] (t) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

      2.  If a teacher or administrator is found, through an investigation of a testing irregularity, to have willfully breached the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment administered pursuant to NRS 389.807, the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils, as applicable, shall:

      (a) Suspend, dismiss or fail to reemploy the teacher; or

      (b) Demote, suspend, dismiss or fail to reemploy the administrator.

      3.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

      [3.] 4.  As used in this section, “gross misconduct” includes any act or omission that is in wanton, willful, reckless or deliberate disregard of the interests of a school or school district or a pupil thereof.

      Sec. 10. NRS 391.313 is hereby amended to read as follows:

      391.313  1.  Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.31297, the administrator shall:

      (a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employee’s demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and

 


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ê2015 Statutes of Nevada, Page 1856 (Chapter 333, SB 463)ê

 

employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and

      (b) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

Ê The admonition must include a description of the deficiencies of the teacher and the action that is necessary to correct those deficiencies.

      2.  An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.

      3.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his or her employment will be terminated pursuant to NRS 391.3197.

      4.  A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h), (p) and [(t)] (s) of subsection 1 of NRS 391.31297.

      Sec. 11. NRS 391.3161 is hereby amended to read as follows:

      391.3161  1.  Each request for the appointment of a person to serve as a hearing officer must be submitted to the Superintendent of Public Instruction.

      2.  Within 10 days after receipt of such a request, the Superintendent of Public Instruction shall request that the Hearings Division of the Department of Administration appoint a hearing officer.

      3.  The State Board shall prescribe the procedures for exercising challenges to a hearing officer, including, without limitation, the number of challenges that may be exercised and the time limits in which the challenges must be exercised.

      4.  A hearing officer shall conduct hearings in cases of demotion, dismissal or a refusal to reemploy based on the grounds contained in [subsection] subsections 1 and 2 of NRS 391.31297.

      5.  This section does not preclude the employee and the superintendent from mutually selecting an attorney who is a resident of this State, an arbitrator provided by the American Arbitration Association or a representative of an agency or organization that provides alternative dispute resolution services to serve as a hearing officer to conduct a particular hearing.

      Sec. 12.  The provisions of sections 1.5 to 8.5, inclusive, of this act:

      1.  Apply to any agreement entered into, extended or renewed on or after July 1, 2015, and any provision of the agreement that is in conflict with those sections is void.

      2.  Apply on July 1, 2018, to any agreement entered into before July 1, 2015.

      Sec. 13.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 14.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 1857ê

 

CHAPTER 334, SB 391

Senate Bill No. 391–Senators Harris, Kieckhefer, Farley, Roberson, Woodhouse; Atkinson, Denis, Ford, Goicoechea, Gustavson, Kihuen, Lipparelli, Manendo, Parks, Settelmeyer and Spearman

 

Joint Sponsor: Assemblyman Elliot Anderson

 

CHAPTER 334

 

[Approved: June 3, 2015]

 

AN ACT relating to education; requiring the board of trustees of each school district and the governing body of each charter school to prepare a plan to improve the literacy of pupils enrolled in certain grades; requiring the principal of each public elementary school to designate a learning strategist to train and assist teachers in providing intensive instruction to pupils who have been identified as deficient in the subject area of reading; requiring certain teachers at public schools to complete professional development concerning the subject area of reading; requiring certain interventions for pupils enrolled in kindergarten or grade 1, 2 or 3 who do not achieve adequate proficiency in reading; prohibiting a public school from promoting a pupil to grade 4 if the pupil does not achieve proficiency in reading; providing for a competitive grants program to assist schools in paying for certain literacy programs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 5 of this bill requires the board of trustees of each school district or the governing body of a charter school to prepare a plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 and submit the plan to the Department of Education for its approval.

      Section 6 of this bill requires the principal of a public elementary school, including, without limitation, a charter school, to designate a licensed teacher employed by the school who has demonstrated leadership abilities to serve as a learning strategist to train and assist teachers in providing intensive instruction to pupils who have been identified as deficient in the subject area of reading. Section 6 also: (1) authorizes a school district or charter school to provide additional compensation to learning strategists and teachers whose overall performance is determined to be “highly effective” under the statewide performance evaluation system; and (2) requires each teacher employed by a school district or charter school to teach kindergarten or grade 1, 2, 3 or 4 to complete professional development prescribed by the State Board of Education concerning the subject area of reading.

      Section 8 of this bill requires the principal of a school to provide notice that a pupil exhibits a deficiency in the subject area of reading to the parent or guardian of a pupil enrolled in kindergarten or grade 1, 2 or 3. Section 9 of this bill requires a public elementary school to: (1) establish a plan to monitor the progress of a pupil enrolled in kindergarten or grade 1, 2 or 3 who has a deficiency in the subject area of reading; and (2) assess the proficiency in reading of a pupil for whom such a plan is established at the beginning of the next school year.

      Existing law authorizes a pupil enrolled in a public school, other than a charter school, to be retained in the same grade upon joint agreement by the pupil’s teacher and principal. (NRS 392.125) Existing law also requires the governing body of a charter school to adopt rules for the academic retention of pupils who are enrolled in the charter school. (NRS 386.583) Section 10 of this bill provides that, unless a pupil receives an exemption by the superintendent of schools of the school district or the governing body of the charter school, as recommended by the principal, a pupil enrolled in grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil does not obtain the score prescribed by the State Board on the criterion-referenced examination in reading.

 


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ê2015 Statutes of Nevada, Page 1858 (Chapter 334, SB 391)ê

 

governing body of the charter school, as recommended by the principal, a pupil enrolled in grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil does not obtain the score prescribed by the State Board on the criterion-referenced examination in reading. Section 10 also: (1) provides certain good-cause exemptions for certain pupils to allow them to be promoted to grade 4 even if they did not obtain that score; and (2) requires the State Board to prescribe an alternate examination for pupils who do not obtain that score. Section 14 of this bill makes conforming changes. Section 3 of this bill similarly provides that a pupil enrolled in grade 3 at a charter school must be retained in grade 3 rather than promoted to grade 4 if the pupil does not obtain the score presented by the State Board on the criterion-referenced examination unless the pupil receives a good-cause exemption.

      Section 11 of this bill requires the principal of a school to: (1) provide notice to the parent or legal guardian of a pupil who will be retained in grade 3; (2) develop a plan to monitor the progress of the pupil in achieving proficiency in reading; and (3) ensure that the pupil receives intensive instructional services in the subject area of reading. Section 11 requires the board of trustees of each school district or the governing body of a charter school to prescribe the intensive instructional services that the principal of a school is required to implement for a pupil who is retained in grade 3. Section 11 requires such instructional services to be provided by a teacher who is: (1) different than the teacher who provided instructional services to the pupil during the immediately preceding school year; and (2) highly effective, as demonstrated by pupil performance data and performance evaluations. Section 11 also authorizes such instructional services to be provided by a teacher who is the same teacher who provided instructional services to the pupil during the immediately preceding school year in certain circumstances.

      Section 12 of this bill requires the principal of a school to offer the parent or legal guardian of a pupil who is retained in grade 3 certain additional instructional options. Sections 3 and 13 of this bill require the board of trustees of each school district and the governing body of a charter school to prepare a report concerning the number and percentage of pupils who are: (1) retained in grade 3 for deficiency in reading, including whether or not a pupil was previously retained in kindergarten or grade 1 or 2; and (2) not retained in grade 3 because a good cause exemption was approved but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years. Sections 3 and 13 also require the board of trustees of each school district and the governing body of a charter school to submit the report to the Department and post the report on the Internet website maintained by the school district or charter school, as applicable.

      Section 15 of this bill provides for the Department of Education to distribute money that is appropriated to the Other State Education Programs Account through a competitive grants program. Section 15 requires schools that receive a grant of money to use the money for the literacy programs in kindergarten and grades 1, 2 and 3 to support school-based efforts to ensure all pupils are proficient in reading by the end of the third grade. Section 15 requires the board of trustees of a school district and the governing body of a charter school that receives a grant of money to prepare and submit to the Department a report that includes: (1) a description of the programs or services for which the money was used; and (2) the number of pupils who participated in a program or received services. Section 15 also requires the Department of Education to prepare a report concerning the programs for which the money is used and submit the report and certain recommendations to the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature and to the Governor.

 


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ê2015 Statutes of Nevada, Page 1859 (Chapter 334, SB 391)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.3481 is hereby amended to read as follows:

      385.3481  1.  The annual report of accountability prepared pursuant to NRS 385.347 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

      (a) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 , [or] 392.125 [,] or section 10 of this act, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (c) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (d) The number of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:

             (1) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;

             (2) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144; and

             (3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

      2.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required by paragraph (a) of subsection 1.

      (b) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385.347.

 


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charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385.347.

      Sec. 2. NRS 385.3583 is hereby amended to read as follows:

      385.3583  The annual report of accountability prepared by the State Board pursuant to NRS 385.3572 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

      1.  For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      2.  The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 , [or] 392.125 [,] or section 10 of this act, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      3.  The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this subsection, a pupil is not a transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      4.  The number of habitual truants reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, including, without limitation, the number who are:

      (a) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;

      (b) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144; and

      (c) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

      Sec. 3. NRS 386.583 is hereby amended to read as follows:

      386.583  1.  The governing body of a charter school shall adopt rules for the academic retention of pupils who are enrolled in the charter school [.] that are consistent with sections 8, 10 and 11 of this act. The rules must [prescribe] :

      (a) Prescribe the conditions under which a pupil may be retained in the same grade rather than promoted to the next higher grade for the immediately succeeding school year.

      (b) Require a pupil enrolled in grade 3 to be retained in the same grade rather than promoted to grade 4 when required pursuant to section 10 of this act.

      2.  On or before September 1 of each year, the governing body of each charter school shall:

      (a) Prepare a report concerning the number and percentage of pupils at the charter school who were:

             (1) Retained in grade 3 pursuant to section 10 of this act for a deficiency in the subject area of reading, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2; and

             (2) Not retained in grade 3 because a good cause exemption was approved pursuant to section 10 of this act but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

      (b) Submit a copy of the report to the Department; and

 


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      (c) Post the report on the Internet website maintained by the charter school and otherwise make the report available to the parents and legal guardians of pupils enrolled in the charter school and the general public.

      Sec. 4. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5. 1.  The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3. Such a plan must include, without limitation:

      (a) A program to provide intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in that subject area. Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction on phonological and phonemic awareness, decoding skills and reading fluency;

      (b) Procedures for assessing a pupil’s proficiency in the subject area of reading using valid and reliable assessments that have been approved by the State Board by regulation:

             (1) Within the first 30 days of school after the pupil enters kindergarten or upon enrollment in kindergarten if the pupil enrolls after that period; and

             (2) During grades 1, 2 and 3;

      (c) A program to improve the proficiency in reading of pupils who are limited English proficient; and

      (d) Procedures for facilitating collaboration between learning strategists and classroom teachers.

      2.  The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

      (a) Submit its plan to the Department for approval on or before the date prescribed by the Department on a form prescribed by the Department; and

      (b) Make such revisions to the plan as the Department determines are necessary.

      Sec. 6. 1.  The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school who has demonstrated leadership abilities to serve as a learning strategist to train and assist teachers at the school to provide intensive instruction to pupils who have been identified as deficient in the subject area of reading.

      2.  A school district or charter school may provide additional compensation to:

      (a) A licensed teacher designated as a learning strategist pursuant to this section; or

      (b) A teacher who is employed by a school district or charter school to teach kindergarten or grade 1, 2, 3 or 4 whose overall performance is determined to be highly effective under the statewide performance evaluation system established by the State Board pursuant to NRS 391.465.

      3.  Each teacher employed by a school district or charter school to teach kindergarten or grade 1, 2, 3 or 4 shall complete professional development provided by a learning strategist designated pursuant to subsection 1 in the subject area of reading.

      4.  The State Board shall prescribe by regulation:

 


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      (a) Any training or professional development that a learning strategist is required to successfully complete;

      (b) Any professional development that a teacher employed by a school district or charter school to teach kindergarten or grade 1, 2, 3 or 4 is required to receive from a learning strategist in the subject area of reading; and

      (c) The duties and responsibilities of a learning strategist.

      Sec. 7. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 13, inclusive, of this act.

      Sec. 8. If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:

      1.  Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 that has been approved by the Department pursuant to section 5 of this act;

      2.  Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the pupil will be retained in grade 3 rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to section 10 of this act;

      3.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

      4.  Explain that the criterion-referenced examination in the subject area of reading administered pursuant to NRS 389.550 is not the only factor used to determine whether the pupil will be retained in grade 3 and that other options are available for the pupil to demonstrate proficiency if the pupil is eligible for a good-cause exemption pursuant to section 10 of this act;

      5.  Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to section 11 of this act regarding the promotion of a pupil to grade 4 at any time during the school year if the pupil is retained in grade 3 pursuant to section 10 of this act;

      6.  Include information regarding the English literacy development of a pupil who is limited English proficient; and

      7.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is limited English proficient.

      Sec. 9.  1.  A public elementary school that has notified the parent or legal guardian of a pupil that, based upon the results of state or local assessments, it has been determined that the pupil has a deficiency in the subject area of reading pursuant to section 8 of this act shall, within 30 days after providing such notice, establish a plan to monitor the progress of the pupil in the subject area of reading.

 


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      2.  A plan to monitor the progress of a pupil in the subject area of reading must be established by the teacher of the pupil and any other relevant school personnel and approved by the principal of the school and the parent or legal guardian of the pupil. The plan must include a description of any intervention services that will be provided to the pupil to correct the deficiency and must include that the pupil will receive intensive instruction in reading to ensure the pupil achieves adequate proficiency in reading. Such instruction must include, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 approved by the Department pursuant to section 5 of this act.

      3.  A school that establishes a plan to monitor the progress of a pupil in the subject area of reading shall assess the proficiency of the pupil in the subject area of reading at the beginning of the next school year after the plan is established pursuant to this section.

      Sec. 10. 1.  Except as otherwise provided in this section, a pupil enrolled in grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil does not obtain a score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 389.550 that meets the passing score prescribed by the State Board pursuant to subsection 7.

      2.  The superintendent of schools of a school district or the governing body of a charter school, as applicable, may authorize the promotion of a pupil to grade 4 who would otherwise be retained in grade 3 only if the superintendent or governing body, as applicable, approves a good-cause exemption for the pupil upon a determination by the principal of the school pursuant to subsection 4 that the pupil is eligible for such an exemption.

      3.  A good-cause exemption must be approved for a pupil who previously was retained in grade 3. Any other pupil is eligible for a good-cause exemption if the pupil:

      (a) Demonstrates an acceptable level of proficiency in reading on an alternative standardized reading assessment approved by the State Board;

      (b) Demonstrates, through a portfolio of the pupil’s work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond the retention level;

      (c) Is limited English proficient and has received less than 2 years of instruction in a program of instruction that teaches English as a second language;

      (d) Received intensive remediation in the subject area of reading for 2 or more years but still demonstrates a deficiency in reading and was previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

      (e) Is a pupil with a disability and his or her individualized education program indicates that the pupil’s participation in the criterion-referenced examinations administered pursuant to NRS 389.550 is not appropriate; or

      (f) Is a pupil with a disability and:

             (1) He or she participates in the criterion-referenced examinations administered pursuant to NRS 389.550;

             (2) His or her individualized education program or plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, documents that the pupil has received intensive remediation in reading for more than 2 years, but he or she still demonstrates a deficiency in reading; and

 


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             (3) He or she was previously retained in kindergarten or grade 1, 2 or 3.

      4.  The principal of a school in which a pupil who may be retained in grade 3 pursuant to subsection 1 is enrolled shall consider the factors set forth in subsection 3 and determine whether the pupil is eligible for a good-cause exemption. In making the determination, the principal must consider documentation provided by the pupil’s teacher indicating whether the promotion of the pupil is appropriate based upon the record of the pupil. Such documentation must only consist of the existing plan for monitoring the progress of the pupil, the pupil’s individualized education program, if applicable, and the pupil’s plan in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, if applicable. If the principal determines that promotion of the pupil to grade 4 is appropriate, the principal must submit a written recommendation to the superintendent of schools of the school district or to the governing body of the charter school, as applicable. The superintendent of schools or the governing body of the charter school, as applicable, shall approve or deny the recommendation of the principal and provide written notice of the approval or denial to the principal.

      5.  A principal who determines that a pupil is eligible for a good-cause exemption shall notify the parent or legal guardian of the pupil whether the superintendent of schools of the school district or the governing body of the charter school, as applicable, approves the good-cause exemption.

      6.  The principal of a school in which a pupil for whom a good-cause exemption is approved and who is promoted to grade 4 must ensure that the pupil continues to receive intensive instruction in the subject area of reading. Such instruction must include, without limitation, strategies based upon scientifically based research that will improve proficiency in the subject area of reading.

      7.  The State Board shall prescribe by regulation:

      (a) The score which a pupil enrolled in grade 3 must obtain in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 389.550 to be promoted to grade 4 without a good-cause exemption; and

      (b) An alternate examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 389.550 and the passing score such a pupil must obtain on the alternate examination to be promoted to grade 4 without a good-cause exemption.

      8.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Sec. 11. 1.  If a pupil will be retained in grade 3 pursuant to section 10 of this act, the principal of the school must:

      (a) Provide written notice to the parent or legal guardian of the pupil that the pupil will be retained in grade 3. The written notice must include, without limitation, a description of the intensive instructional services in the subject area of reading that the pupil will receive to improve the proficiency of the pupil in that subject area.

      (b) Develop a plan to monitor the progress of the pupil in the subject area of reading.

 


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      (c) Require the teacher of the pupil to develop a portfolio of the pupil’s work in the subject area of reading, which must be updated as necessary to reflect progress made by the pupil.

      (d) Ensure that the pupil receives intensive instructional services in the subject area of reading that are designed to improve the pupil’s proficiency in the subject area of reading, including, without limitation:

             (1) Programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 approved by the Department pursuant to section 5 of this act;

             (2) Instruction for at least 90 minutes each school day based upon scientifically based reading instruction research; and

             (3) Intensive instructional services prescribed by the board of trustees of the school district pursuant to subsection 2, as determined appropriate for the pupil.

      2.  The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

      (a) Review and evaluate the plans for monitoring the progress of pupils developed pursuant to subsection 1.

      (b) Prescribe the intensive instructional services in the subject area of reading which the principal of a school must implement as determined appropriate for a pupil who is retained in grade 3 pursuant to section 10 of this act, which may include, without limitation:

             (1) Instruction that is provided in small groups;

             (2) Instruction provided in classes with reduced pupil-teacher ratios;

             (3) A timeline for frequently monitoring the progress of the pupil;

             (4) Tutoring and mentoring;

             (5) Classes which are designed to increase the ability of pupils to transition from grade 3 to grade 4;

             (6) Instruction provided through an extended school day, school week or school year;

             (7) Programs to improve a pupil’s proficiency in reading which are offered during the summer; or

             (8) Any combination of the services set forth in subparagraphs (1) to (7), inclusive.

      3.  Except as otherwise provided in subsection 4, the intensive instructional services in the subject area of reading required by this section must be provided to the pupil by a teacher:

      (a) Who is different than the teacher who provided instructional services to the pupil during the immediately preceding school year; and

      (b) Who has been determined to be highly effective, as demonstrated by pupil performance data and performance evaluations.

      4.  The intensive instructional services in the subject area of reading required by this section may be provided to the pupil by the same teacher who provided instructional services to the pupil during the immediately preceding school year if a different teacher who meets the requirements of paragraph (b) of subsection 3 is not reasonably available and the pupil:

      (a) Has an individualized education program; or

      (b) Is enrolled in a school district in a county whose population is less than 100,000.

      5.  The board of trustees of each school district and the governing body of a charter school, as applicable, shall develop a policy by which the principal of a school may promote a pupil who is retained in grade 3 pursuant to section 10 of this act to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading.

 


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ê2015 Statutes of Nevada, Page 1866 (Chapter 334, SB 391)ê

 

principal of a school may promote a pupil who is retained in grade 3 pursuant to section 10 of this act to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading. The policy must include the specific criteria a pupil must satisfy to be eligible for promotion, including, without limitation, a reasonable expectation that the pupil’s progress will allow him or her to sufficiently master the requirements for a fourth-grade reading level. If a pupil is promoted after November 1 of a school year, he or she must demonstrate proficiency in reading at a level prescribed by the State Board.

      6.  If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to this section, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional instructional setting which is designed to produce learning gains sufficient for the pupil to meet the performance standards required for grade 4 while continuing to receive remediation in the subject area of reading.

      7.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Sec. 12. In addition to the intensive instructional services provided to a pupil who is retained in grade 3 pursuant to section 10 of this act, the principal of the school must offer the parent or legal guardian of the pupil at least one of the following instructional options:

      1.  Supplemental tutoring which is based upon scientifically based research concerning reading instruction;

      2.  Providing the parent or legal guardian with a plan for reading with the pupil at home and participating in any workshops that may be available in the school district to assist the parent or guardian with reading with his or her child at home, as set forth in an agreement with the parent or legal guardian; or

      3.  Providing the pupil with a mentor or tutor who has received specialized training in teaching pupils how to read.

      Sec. 13. On or before September 1 of each year, the board of trustees of each school district shall:

      1.  Prepare a report concerning the number and percentage of pupils at each public school within the school district who were:

      (a) Retained in grade 3 pursuant to section 10 of this act for a deficiency in the subject area of reading, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2; and

      (b) Not retained in grade 3 because a good cause exemption was approved pursuant to section 10 of this act but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years.

      2.  Submit a copy of the report to the Department.

      3.  Post the report on the Internet website maintained by the school district and otherwise make the report available to the parents and legal guardians of pupils enrolled in the school district and the general public.

      Sec. 14. NRS 392.125 is hereby amended to read as follows:

      392.125  1.  Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with the pupil’s parents or guardian to discuss the reasons and circumstances.

 


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ê2015 Statutes of Nevada, Page 1867 (Chapter 334, SB 391)ê

 

pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with the pupil’s parents or guardian to discuss the reasons and circumstances.

      2.  [The] Except as otherwise provided in section 10 of this act, the teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.

      3.  Except as otherwise provided in subsection 2 of NRS 392.033 for the promotion of a pupil to high school, no pupil may be retained more than one time in the same grade.

      4.  [This] Except as otherwise provided in NRS 386.583, this section does not apply to the academic retention of pupils who are enrolled in a charter school.

      Sec. 15.  1.  The Department of Education shall distribute the money that is appropriated to the Other State Education Programs Account in the State General Fund to carry out the purposes of sections 1 to 14, inclusive, of this act through a competitive grants program. Grants must be awarded by the Department based on the demonstrated needs of the school districts and charter schools and will be awarded to school districts and to charter schools that have been approved by the State Public Charter School Authority. Grants must be used for literacy programs for pupils enrolled in kindergarten and grades 1, 2 and 3 established pursuant to section 5 of this act and to support other school-based efforts to ensure that all pupils are proficient in the subject area of reading by the end of the third grade. Such school-based efforts may include, without limitation:

      (a) Hiring or training learning strategists;

      (b) Entering into contracts with vendors for the purchase of reading assessments, textbooks, computer software or other materials;

      (c) Providing professional development for school personnel;

      (d) Providing programs to pupils before and after school and during intercessions or summer school; and

      (e) Providing other evidence-based literacy initiatives for pupils enrolled in kindergarten and grades 1, 2 and 3.

      2.  The board of trustees of a school district or the governing body of a charter school that receives a grant of money pursuant to subsection 1 shall:

      (a) Set measurable performance objectives based on aggregated pupil achievement data; and

      (b) Prepare and submit to the Department of Education, on or before July 1, 2016, a report that includes, without limitation:

             (1) A description of the programs or services for which the money was used by each school; and

             (2) The number of pupils who participated in a program or received services.

      3.  The Department of Education shall, to the extent that money is available for that purpose, hire an independent consultant to evaluate the programs or services paid for by a grant of money received by a school district or charter school pursuant to subsection 1.

      4.  The Department of Education shall prepare a report that includes, without limitation:

      (a) Identification of the schools that received an allocation of money by the school district or grant of money from the Department, as applicable;

      (b) The amount of money received by each school;

 


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      (c) A description of the programs or services for which the money was used by each school;

      (d) The number of pupils who participated in a program or received services;

      (e) The average expenditure per pupil for each program or service;

      (f) An evaluation of the effectiveness of the program or service, including, without limitation, data regarding the academic and linguistic achievement and proficiency of pupils who participated in such a program or received such services; and

      (g) Any recommendations for legislation, including, without limitation, legislation to continue or expand programs or services that are identified as effective in improving the reading proficiency of pupils in kindergarten through grade 3.

      5.  On or before August 31, 2016, the Department of Education shall submit a preliminary report prepared pursuant to subsection 4 to the State Board of Education and the Legislative Committee on Education. On or before November 15, 2016, the Department shall submit the final report prepared pursuant to subsection 4 and any recommendations made by the State Board or the Legislative Committee on Education to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

      6.  Any money awarded to a school district or charter school from the money appropriated to the Other State Education Programs Account in the State General Fund pursuant to subsection 1:

      (a) Must be accounted for separately from any other money received by the school districts or charter school, as applicable, and used only for the purposes specified in this section.

      (b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      Sec. 16.  This act becomes effective 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 for all other purposes:

      1.  This section, sections 4 to 9, inclusive, and 15 of this act become effective on July 1, 2015.

      2.  Sections 1, 2, 3 and 10 to 14, inclusive, of this act become effective on July 1, 2019.

________

 


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ê2015 Statutes of Nevada, Page 1869ê

 

CHAPTER 335, SB 405

Senate Bill No. 405–Senators Denis, Woodhouse, Manendo, Harris, Kihuen; Atkinson, Ford, Roberson, Segerblom, Smith and Spearman

 

Joint Sponsors: Assemblymen Diaz, Flores, Elliot Anderson; Bustamante Adams and Stewart

 

CHAPTER 335

 

[Approved: June 3, 2015]

 

AN ACT relating to education; providing for the use of certain money to establish or continue certain programs and services at Zoom elementary, middle, junior high and high schools and at other schools that enroll children who are limited English proficient or who are eligible for such a designation; requiring the State Board of Education to develop for recommendation as proposed legislation a definition of and procedure for reporting pupils who are identified as long-term limited English proficient; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The 77th Session of the Nevada Legislature appropriated money for the Clark County School District and the Washoe County School District to carry out a program of Zoom elementary schools during the 2013-2015 biennium to provide a comprehensive package of programs and services for children who are limited English proficient or eligible for such a designation. The other school districts and the State Public Charter School Authority were authorized to apply for a grant of money from the appropriation to provide programs and services to children who are limited English proficient or eligible for such a designation. (Section 16.2 of chapter 515, Statutes of Nevada 2013, p. 3418) Section 1 of this bill requires the Clark County School District and the Washoe County School District to continue to carry out a program of Zoom elementary schools and to expand the program to middle schools, junior high schools and high schools during the 2015-2017 biennium. Section 1 also authorizes the other school districts and the governing body of a charter school to apply to the Department of Education for a grant of money from the appropriation by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools to provide programs and services during the 2015-2017 biennium for children who are limited English proficient or eligible for such a designation. In addition, section 1 requires the State Board of Education to prescribe statewide performance levels and outcome indicators to measure the effectiveness of the programs and services for which money is received by the school districts and charter schools. Finally, section 1 requires the Department to contract for an independent evaluation of the effectiveness of the programs and services provided by the school districts and charter schools that received money.

      Section 2 of this bill requires the State Board to develop for recommendation as proposed legislation to the 79th Session of the Nevada Legislature a definition of and procedure for reporting pupils who are identified as long-term limited English proficient.

 


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ê2015 Statutes of Nevada, Page 1870 (Chapter 335, SB 405)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.  1.  The Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District shall identify the elementary schools within the School District to operate as Zoom elementary schools based upon which elementary schools within the School District:

      (a) Have the highest percentage of pupils who are limited English proficient or eligible for designation as limited English proficient; and

      (b) Are the lowest performing academically.

      2.  The Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District shall distribute the money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.031 for each Zoom elementary school of those school districts to:

      (a) Provide prekindergarten programs free of charge;

      (b) Expand full-day kindergarten classes;

      (c) Operate reading skills centers;

      (d) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

      (e) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for children who are limited English proficient;

      (f) Offer recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 11; and

      (g) Engage and involve parents and families of children who are limited English proficient, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children.

      3.  A Zoom elementary school that receives money pursuant to subsection 2 shall offer each of the programs and services prescribed in paragraphs (a) to (g), inclusive, of that subsection so that the Zoom elementary school may offer a comprehensive package of programs and services for pupils who are limited English proficient. A Zoom elementary school shall not use the money for any other purpose or use more than 2 percent of the money for the purposes described in paragraphs (e), (f) and (g) of subsection 2.

      4.  A reading skills center operated by a Zoom elementary school must provide:

      (a) Support at the Zoom elementary school in the assessment of reading and literacy problems and language acquisition barriers for pupils; and

      (b) Instructional intervention to enable pupils to overcome such problems and barriers by the completion of grade 3.

      5.  The Board of Trustees of the Clark County School District shall identify at least three middle schools, junior high schools or high schools within the school district to operate as Zoom middle schools, junior high schools or high schools.

 


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within the school district to operate as Zoom middle schools, junior high schools or high schools. The Board of Trustees of the Washoe County School District shall identify at least one middle school, junior high school or high school within the school district to operate as a Zoom middle school, junior high school or high school. Each such board of trustees shall identify those schools based upon which middle schools, junior high schools and high schools within the school district:

      (a) Have the highest percentage of pupils who are limited English proficient; and

      (b) Are the lowest performing academically.

      6.  The Clark County School District and the Washoe County School District shall distribute the money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for each Zoom middle school, junior high school and high school of those school districts to carry out one or more of the following:

      (a) Reduce class sizes for pupils who are limited English proficient and provide English language literacy based classes;

      (b) Provide direct instructional intervention to each pupil who is limited English proficient using the data available from applicable assessments of that pupil;

      (c) Provide for an extended school day;

      (d) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

      (e) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for pupils who are limited English proficient;

      (f) Offer recruitment and retention incentives for teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12;

      (g) Engage and involve parents and families of pupils who are limited English proficient, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those pupils; and

      (h) Provide other evidence-based programs and services that are approved by the Department of Education and that are designed to meet the specific needs of pupils enrolled in the school who are limited English proficient.

Ê The Clark County School District and the Washoe County School District shall not use more than 2 percent of the money for the purposes described in paragraphs (e), (f) and (g).

      7.  On or before August 1, 2015, the Clark County School District and the Washoe County School District shall each provide a report to the Department of Education which includes the:

      (a) Zoom elementary schools identified by the School District pursuant to subsection 1 and the plan of each such school for carrying out the programs and services prescribed by paragraphs (a) to (g), inclusive, of subsection 2; and

 


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      (b) Zoom middle schools, junior high schools and high schools identified by the School District pursuant to subsection 5 and the plan of each school for carrying out the programs and services described in paragraphs (a) to (h), inclusive, of subsection 6.

      8.  From the money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools or charter schools or school districts other than the Clark County School District or Washoe County School District, the Department of Education shall provide grants of money to the sponsors of such charter schools and the school districts. The sponsor of such a charter school and the board of trustees of such a school district may submit an application to the Department on a form prescribed by the Department that includes, without limitation:

      (a) The number of pupils in the school district or charter school, as applicable, who are limited English proficient or eligible for designation as limited English proficient; and

      (b) A description of the programs and services the school district or charter school, as applicable, will provide with a grant of money, which may include, without limitation:

             (1) The creation or expansion of high-quality, developmentally appropriate prekindergarten programs, free of charge, that will increase enrollment of children who are limited English proficient;

             (2) The acquisition and implementation of empirically proven assessment tools to determine the reading level of pupils who are limited English proficient and technology-based tools, such as software, designed to support the learning of pupils who are limited English proficient;

             (3) Professional development for teachers and other educational personnel regarding effective instructional practices and strategies for children who are limited English proficient;

             (4) The provision of programs and services for pupils who are limited English proficient, free of charge, before and after school, during the summer or intersession for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

             (5) Engaging and involving parents and families of children who are limited English proficient, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children;

             (6) Offering recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12; and

             (7) Provide other evidence-based programs and services that are approved by the Department and that are designed to meet the specific needs of pupils enrolled in the school who are limited English proficient.

      9.  The Department of Education shall award grants of money to school districts and the sponsors of charter schools that submit applications pursuant to subsection 8 based upon the number of pupils enrolled in each such school district or charter school, as applicable, who are limited English proficient or eligible for designation as limited English proficient, and not on a competitive basis.

 


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      10.  A school district and a sponsor of a charter school that receives a grant of money pursuant to subsection 8:

      (a) Shall not use more than 2 percent of the money for the purposes described in subparagraphs (3), (5) and (6) of paragraph (b) of subsection 8.

      (b) Shall provide a report to the Department in the form prescribed by the Department with the information required for the Department’s report pursuant to subsection 15.

      11.  On or before August 17, 2015, the Department of Education shall submit a report to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee which includes:

      (a) The information reported by the Clark County School District and the Washoe County School District pursuant to subsection 7; and

      (b) The school districts and charter schools for which a grant of money is approved pursuant to subsection 9 and the plan of each such school district and charter school for carrying out programs and services with the grant money, including, without limitation, any programs and services described in subparagraphs (1) to (7), inclusive, of paragraph (b) of subsection 8.

      12.  The State Board of Education shall prescribe:

      (a) A list of recruitment and retention incentives for the school districts and the sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel pursuant to paragraph (f) of subsection 2, paragraph (f) of subsection 6 and subparagraph (6) of paragraph (b) of subsection 8; and

      (b) Criteria and procedures to notify a school district or a charter school that receives money pursuant to this section if the school district or charter school is not implementing the programs and services for which the money was received in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board pursuant to subsection 13, including, without limitation, a plan of corrective action for the school district or charter school to follow to meet the requirements of this section or the performance levels.

      13.  The State Board of Education shall prescribe statewide performance levels and outcome indicators to measure the effectiveness of the programs and services for which money is received by the school districts and charter schools pursuant to this section. The performance levels must establish minimum expected levels of performance on a yearly basis based upon the performance results of children who participate in the programs and services. The outcome indicators must be designed to track short-term and long-term impacts on the progress of children who participate in the programs and services, including, without limitation:

      (a) The number of children who participated;

      (b) The extent to which the children who participated improved their English language proficiency and literacy levels compared to other children who are limited English proficient or eligible for such a designation who did not participate in the programs and services; and

      (c) To the extent that a valid comparison may be established, a comparison of the academic achievement and growth in the subject areas of English language arts and mathematics of children who participated in the programs and services to other children who are limited English proficient or eligible for such a designation who did not participate in the programs and services.

 


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      14.  The Department of Education shall contract for an independent evaluation of the effectiveness of the programs and services offered by each Zoom elementary school pursuant to subsection 2, each Zoom middle school, junior high school and high school pursuant to subsection 6 and the programs and services offered by the other school districts and the charter schools pursuant to subsection 8.

      15.  The Clark County School District, the Washoe County School District and the Department of Education shall each prepare an annual report that includes, without limitation:

      (a) An identification of the schools that received money from the School District or a grant of money from the Department, as applicable.

      (b) How much money each such school received.

      (c) A description of the programs or services for which the money was used by each such school.

      (d) The number of children who participated in a program or received services.

      (e) The average per-child expenditure per program or service that was funded.

      (f) For the report prepared by the School Districts, an evaluation of the effectiveness of such programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in the programs or received services.

      (g) Any recommendations for legislation, including, without limitation:

             (1) For the continuation or expansion of programs and services that are identified as effective in improving the academic and linguistic achievement and proficiency of children who are limited English proficient.

             (2) A plan for transitioning the funding for providing the programs and services set forth in this section to pupils who are limited English proficient from categorical funding to a weighted per pupil formula within the Nevada Plan.

      (h) For the report prepared by the Department, in addition to the information reported for paragraphs (a) to (e), inclusive, and paragraph (g):

             (1) The results of the independent evaluation required by subsection 14 of the effectiveness of the programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in a program or received a service;

             (2) Whether a school district or charter school was notified that it was not implementing the programs and services for which it received money pursuant to this section in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board of Education pursuant to subsection 13 and the status of such a school district or charter school, if any, in complying with a plan for corrective action; and

             (3) Whether each school district or charter school that received money pursuant to this section met the performance levels prescribed by the State Board of Education pursuant to subsection 13.

      16.  The annual report prepared by the Clark County School District and the Washoe County School District pursuant to subsection 15 must be submitted to the Department of Education on or before June 1, 2016, and January 16, 2017, respectively. The Department shall submit the information reported by those school districts and the information prepared by the Department pursuant to subsection 15:

 


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      (a) On or before June 15, 2016, to the State Board of Education and the Legislative Committee on Education.

      (b) On or before February 1, 2017, to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

      17.  The Department of Education may require a Zoom school or other public school that receives money pursuant to this section to provide a report to the Department on:

      (a) The number of vacancies, if any, in full-time licensed educational personnel at the school;

      (b) The number of probationary employees, if any, employed at the school;

      (c) The number, if any, of persons who are employed at the school as substitute teachers for 20 consecutive days or more in the same classroom or assignment and designated as long-term substitute teachers; and

      (d) Any other information relating to the personnel at the school as requested by the Department.

      18.  The money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools:

      (a) Must be accounted for separately from any other money received by school districts or charter schools of this State and used only for the purposes specified in this section.

      (b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      19.  Upon request of the Legislative Commission, the Clark County School District and the Washoe County School District shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money distributed by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools.

      20.  As used in this section:

      (a) “Limited English proficient” has the meaning ascribed to it in NRS 385.007.

      (b) “Probationary employee” has the meaning ascribed to it in NRS 391.311.

      Sec. 2.  For the purposes of NRS 385.347 and 385.3487 and any related provisions, the State Board of Education shall develop for recommendation as proposed legislation to the 79th Session of the Nevada Legislature:

      1.  A definition of “long-term limited English proficient”; and

      2.  A procedure for the school districts and charter schools to separately count and report on pupils who are identified as long-term limited English proficient, including, without limitation, the number of and progress made by such pupils.

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

________

 


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CHAPTER 336, AB 23

Assembly Bill No. 23–Committee on Legislative Operations and Elections

 

CHAPTER 336

 

[Approved: June 4, 2015]

 

AN ACT relating to elections; revising provisions governing regulations that the Secretary of State must adopt regarding the conduct of elections; changing the date of the general city election in certain cities that hold such elections in odd-numbered years; amending provisions relating to committees for political action and independent expenditures made for the purpose of affecting the outcome of elections; revising the beginning and ending dates of the period during which certain limits apply to the amount that may be committed or contributed to a candidate or a legal defense fund; providing that a petition to recall a public officer may only be signed by a registered voter who actually voted in the election at which the public officer was elected; revising other provisions governing recall petitions and elections; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Secretary of State to adopt regulations governing the conduct of primary, general, special and district elections. (NRS 293.247) Section 1 of this bill makes various changes to the types of regulations that the Secretary of State must adopt governing the conduct of elections.

      Existing law provides that certain cities must hold a general city election on the first Tuesday after the first Monday in June in odd-numbered years. (NRS 293C.140, 293C.145; Boulder City Charter § 96; Caliente City Charter § 5.010; Henderson City Charter § 5.020; Las Vegas City Charter § 5.020; North Las Vegas City Charter § 5.010; Yerington City Charter § 5.010) Sections 1.3, 1.5, 7-13 and 15 of this bill change the date of the general city election in those cities so that it occurs 1 week later on the second Tuesday after the first Monday in June in odd-numbered years. Sections 4-6 of this bill make the same change in the election date to the second Tuesday after the first Monday in June in odd-numbered years for certain local special elections seeking voter approval of certain local taxes and debt obligations. (NRS 350.020, 354.5982, 387.3285)

      During the 77th Session of the Legislature in 2013, the Legislature enacted legislation that amended the definition of the term “committee for political action” in the campaign finance laws to include certain businesses or organizations that make expenditures of a certain amount in a calendar year for the purpose of affecting the outcome of any election or question on the ballot. (NRS 294A.0055, 294A.230; chapter 259, Statutes of Nevada 2013, pp. 1149-51) In 2013, the Legislature also enacted legislation that added a definition of the term “independent expenditure” to the campaign finance laws, but this newly defined term was not incorporated into the definition of the term “committee for political action.” (NRS 294A.0077; chapter 425, Statutes of Nevada 2013, p. 2379) Sections 1.7 and 2.1 of this bill harmonize the 2013 legislation by incorporating the term “independent expenditure” into the definition of the term “committee for political action.”

      Under existing law, a person may not contribute or commit to contribute more than $5,000 for a primary election and $5,000 for a general election to a candidate for state, district, county or township office during the period beginning 30 days before the start of the regular session of the Legislature immediately after a general election for that office and ending 30 days before the start of the regular session of the Legislature immediately following the next general election for that office. During the same period, a person is prohibited from making or committing to make a contribution to a legal defense fund of a candidate or public officer in an amount which exceeds $10,000.

 


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the same period, a person is prohibited from making or committing to make a contribution to a legal defense fund of a candidate or public officer in an amount which exceeds $10,000. Existing law also prohibits a candidate or public officer, as applicable, from accepting a contribution or commitment to make a contribution in excess of those amounts. (Nev. Const. Art. 2, § 10; NRS 294A.100, 294A.287) Section 2 of this bill changes the period to which those contribution limits apply so that the period begins on January 1 immediately after a general election for an office and ends on December 31 immediately after the next general election for that office.

      Existing law provides that a violation of the contribution limits to a candidate or a legal defense fund is a category E felony. (NRS 294A.100, 294A.287) Section 14 of this bill provides that certain contributions made or committed to be made under existing law at the end of the contribution periods in early January 2011, 2013 or 2015 shall be deemed to have been made or committed to be made on December 31, 2010, 2012 or 2014, respectively, so that no person is guilty retrospectively of committing a crime as a result of the changes made by section 2.

      Existing law requires a committee for the recall of a public officer to report certain contributions received and expenditures made by the committee during its recall efforts. Existing law also requires such a committee to comply with the reporting requirements when it does not submit a legally sufficient recall petition to the filing officer before the expiration of the period for circulating the petition for signatures. (NRS 294A.270, 294A.280) Sections 2.3 and 2.5 of this bill clarify that such a committee must comply with the reporting requirements if it: (1) fails to submit the petition to the filing officer; (2) submits the petition to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures; or (3) otherwise submits a legally insufficient petition or suspends or ceases its efforts to obtain the necessary number of valid signatures.

      Finally, in Strickland v. Waymire, 126 Nev. 230, 240 (2010), the Nevada Supreme Court held that Section 9 of Article 2 of the Nevada Constitution provides that, “[w]hile all registered voters can vote at a special recall election, only voters who voted at the relevant baseline election can qualify a recall petition” by signing a petition for the recall. Section 3 of this bill conforms existing law to this ruling. (NRS 306.020)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of primary, general, special and district elections in all cities and counties. Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election and are effective on or before the last business day of February immediately preceding a primary, general, special or district election govern the conduct of that election.

      2.  The Secretary of State shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy and any petition which is filed pursuant to the general election laws of this State.

      3.  The regulations must prescribe:

      (a) [The duties of election boards;

      (b) The type and amount of election supplies;

      (c)] The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      [(d) The method to be used in distributing ballots to precincts and districts;

 


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      (e) The method of inspection and the disposition of ballot boxes;

      (f)](b) The form and placement of instructions to voters;

      [(g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      (j)](c) The disposition of election returns;

      [(k)](d) The procedures to be used for canvasses, ties, recounts and contests, including, without limitation, the appropriate use of a paper record created when a voter casts a ballot on a mechanical voting system that directly records the votes electronically;

      [(l)](e) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 or 293C.390;

      [(m)](f) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;

      [(n)](g) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;

      [(o) The procedures to be used for the disposition of absent ballots in case of an emergency;

      (p)](h) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors or registered voters who are authorized to use approved electronic transmission pursuant to the provisions of this title;

      [(q)](i) The forms for applications to register to vote and any other forms necessary for the administration of this title; and

      [(r)](j) Such other matters as determined necessary by the Secretary of State.

      4.  The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this State.

      5.  The Secretary of State shall prepare and distribute to each county and city clerk copies of:

      (a) Laws and regulations concerning elections in this State;

      (b) Interpretations issued by the Secretary of State’s Office; and

      (c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the Secretary of State.

      Sec. 1.3. NRS 293C.140 is hereby amended to read as follows:

      293C.140  1.  Except as otherwise provided in NRS 293C.115, a general city election must be held in each city of population categories one and two on the [first] second Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by law, ordinance or resolution, at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as otherwise provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.

      2.  Unless the terms of office of city council members are extended by an ordinance adopted pursuant to NRS 293C.115, the terms of office are 4 years, which terms must be staggered.

 


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years, which terms must be staggered. The council members elected to office immediately after incorporation shall decide, by lot, among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115.

      Sec. 1.5. NRS 293C.145 is hereby amended to read as follows:

      293C.145  1.  Except as otherwise provided in NRS 293C.115, a general city election must be held in each city of population category three on the [first] second Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

      2.  There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three. Unless the terms of office of the mayor and the council members are extended by an ordinance adopted pursuant to NRS 293C.115, the terms of office of the mayor and the council members are 4 years, which terms must be staggered. The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115. If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.

      3.  Except as otherwise provided in NRS 293C.115, a candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance or resolution.

      4.  Candidates for mayor must be voted upon by the electors of the city at large. Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

      Sec. 1.7. NRS 294A.0055 is hereby amended to read as follows:

      294A.0055  1.  “Committee for political action” means:

      (a) Any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:

             (1) Makes or intends to make contributions to candidates or other persons; or

             (2) Makes or intends to make expenditures,

Ê designed to affect the outcome of any primary election, general election, special election or question on the ballot.

      (b) Any business or social organization, corporation, partnership, association, trust, unincorporated organization or labor union:

             (1) Which has as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot and for that purpose receives contributions in excess of $1,500 in a calendar year or makes expenditures in excess of $1,500 in a calendar year; or

 


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             (2) Which does not have as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot, but for the purpose of affecting the outcome of any election or question on the ballot receives contributions in excess of $5,000 in a calendar year or makes independent expenditures in excess of $5,000 in a calendar year.

      2.  “Committee for political action” does not include:

      (a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.

      (b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.

      (c) An individual natural person.

      (d) Except as otherwise provided in paragraph (b) of subsection 1, an individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.

      (e) Except as otherwise provided in paragraph (b) of subsection 1, a labor union.

      (f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate.

      (g) A committee for the recall of a public officer.

      (h) A major or minor political party or any committee sponsored by a major or minor political party.

      Sec. 2. NRS 294A.100 is hereby amended to read as follows:

      294A.100  1.  A person shall not make or commit to make a contribution or contributions to a candidate for any office, except a federal office, in an amount which exceeds $5,000 for the primary election, regardless of the number of candidates for the office, and $5,000 for the general election, regardless of the number of candidates for the office, during the period:

      (a) Beginning [from 30 days before the regular session of the Legislature] January 1 of the year immediately following the last general election for the office and ending [30 days before the regular session of the Legislature] December 31 immediately following the next general election for the office, if that office is a state, district, county or township office; or

      (b) Beginning from 30 days after the last election for the office and ending 30 days after the next general city election for the office, if that office is a city office.

      2.  A candidate shall not accept a contribution or commitment to make a contribution made in violation of subsection 1.

      3.  A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 2.1. NRS 294A.230 is hereby amended to read as follows:

      294A.230  1.  Except as otherwise provided in subsection 2, each committee for political action shall, before it engages in any activity in this State, register with the Secretary of State on forms supplied by the Secretary of State.

      2.  A person who qualifies as a committee for political action in accordance with:

 


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      (a) Subparagraph (1) of paragraph (b) of subsection 1 of NRS 294A.0055 by receiving contributions in excess of $1,500 in a calendar year or making expenditures in excess of $1,500 in a calendar year; or

      (b) Subparagraph (2) of paragraph (b) of subsection 1 of NRS 294A.0055 by receiving contributions in excess of $5,000 in a calendar year or making independent expenditures in excess of $5,000 in a calendar year,

Ê shall, not later than 7 calendar days after the qualifying event, register with the Secretary of State on forms supplied by the Secretary of State. When reporting contributions as required by this chapter, a person who qualifies as a committee for political action in accordance with subparagraph (2) of paragraph (b) of subsection 1 of NRS 294A.0055 is required to report only those contributions received for the purpose of affecting the outcome of any primary election, general election, special election or any question on the ballot.

      3.  The form must require:

      (a) The name of the committee for political action;

      (b) The purpose for which it was organized;

      (c) The names, addresses and telephone numbers of its officers;

      (d) If the committee for political action is affiliated with any other organizations, the name, address and telephone number of each organization;

      (e) The name, address and telephone number of its registered agent; and

      (f) Any other information deemed necessary by the Secretary of State.

      4.  A committee for political action shall file with the Secretary of State:

      (a) An amended form for registration within 30 days after any change in the information contained in the form for registration.

      (b) A form for registration on or before January 15 of each year, regardless of whether there is a change in the information contained in the most recent form for registration filed by the committee for political action with the Secretary of State.

      5.  The Secretary of State shall include on the Secretary of State’s Internet website the information required pursuant to subsection 3.

      6.  For purposes of the civil penalty that the Secretary of State may impose pursuant to NRS 294A.420 for violating the provisions of subsection 1 or 2, if a committee for political action fails to register with the Secretary of State pursuant to subsection 1 or 2, each time the committee for political action engages in any activity in this State constitutes a separate violation of subsection 1 or 2 for which the Secretary of State may impose a civil penalty.

      Sec. 2.3. NRS 294A.270 is hereby amended to read as follows:

      294A.270  1.  Except as otherwise provided in subsections 3 and 4, each committee for the recall of a public officer shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

 


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Ê report each contribution received or made by the committee for the recall of a public officer during the period in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      2.  [If] Except as otherwise provided in subsection 3, if a petition for the recall of a public officer is not [filed] submitted to the filing officer before the expiration of the notice of intent [,] pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of chapter 306 of NRS, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received by the committee for the recall of a public officer, and each contribution made by the committee for the recall of a public officer in excess of $100 and contributions made to one recipient which cumulatively exceed $100. The provisions of this subsection apply to the committee for the recall of a public officer if the committee:

      (a) Fails to submit the petition to the filing officer as required by chapter 306 of NRS;

      (b) Submits the petition to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Otherwise submits a legally insufficient petition or suspends or ceases its efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS.

      3.  If a district court determines that the petition for the recall of the public officer is legally insufficient pursuant to subsection 6 of NRS 306.040, the committee for the recall of a public officer shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the district court’s order, report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      4.  If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:

      (a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;

      (b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and

      (c) The 15th day of the second month after the special election, for the remaining period through the date of the special election,

Ê report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      5.  Except as otherwise provided in NRS 294A.3737, each report of contributions must be filed electronically with the Secretary of State.

      6.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

 


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      7.  The name and address of the contributor or recipient and the date on which the contribution was received must be included on the report for each contribution, whether from or to a natural person, association or corporation.

      Sec. 2.5. NRS 294A.280 is hereby amended to read as follows:

      294A.280  1.  Except as otherwise provided in subsections 3 and 4, each committee for the recall of a public officer shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made by the committee for the recall of a public officer during the period in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

      2.  [If] Except as otherwise provided in subsection 3, if a petition for the recall of a public officer is not [filed] submitted to the filing officer before the expiration of the notice of intent [,] pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of chapter 306 of NRS, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100. The provisions of this subsection apply to the committee for the recall of a public officer if the committee:

      (a) Fails to submit the petition to the filing officer as required by chapter 306 of NRS;

      (b) Submits the petition to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Otherwise submits a legally insufficient petition or suspends or ceases its efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS.

      3.  If a district court determines that a petition for the recall of the public officer is legally insufficient pursuant to subsection 6 of NRS 306.040, the committee for the recall of a public officer shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the district court’s order, report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

      4.  If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:

 


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      (a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;

      (b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and

      (c) The 15th of the second month after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

      5.  Except as otherwise provided in NRS 294A.3737, each report of expenditures must be filed electronically with the Secretary of State.

      6.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      7.  The name and address of the recipient and the date on which the expenditure was made must be included on the report for each expenditure, whether to a natural person, association or corporation.

      Sec. 3. NRS 306.020 is hereby amended to read as follows:

      306.020  1.  Every public officer in the State of Nevada is subject to recall from office by the registered voters of the State or of the county, district or municipality that the public officer represents, as provided in this chapter and Section 9 of Article 2 of the Constitution of the State of Nevada. A public officer who is appointed to an elective office is subject to recall in the same manner as provided for an officer who is elected to that office.

      2.  The petition to recall a public officer may be signed by any registered voter of the State or of the county, district, municipality or portion thereof that the public officer represents [, regardless of whether the registered voter cast a ballot] who actually voted in the election at which the public officer was elected.

      3.  The petition must, in addition to setting forth the reason why the recall is demanded:

      (a) Contain the residence addresses of the signers and the date that the petition was signed;

      (b) Contain a statement of the minimum number of signatures necessary to the validity of the petition;

      (c) Contain at the top of each page and immediately above the signature line, in at least 10-point bold type, the words “Recall Petition”;

      (d) Include the date that a notice of intent was filed; and

      (e) Have the designation: “Signatures of registered voters seeking the recall of ................ (name of public officer for whom recall is sought)” on each page if the petition contains more than one page.

      Sec. 4. NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise provided by subsections 3 and 4, if a municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next general municipal election or general state election.

      2.  Such a special election may be held:

      (a) At any time, including, without limitation, on the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

 


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      (b) On the [first] second Tuesday after the first Monday in June of an odd-numbered year, whether or not the municipality also holds a general municipal election on that date,

Ê except that the governing body shall not determine that an emergency exists if the special election is for the purpose of submitting to the electors a proposal to refund bonds. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud, a gross abuse of discretion or in violation of the provisions of this subsection. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 90 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

      4.  The board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds for a period of 10 years after the date of approval by the voters. If the question is approved, the board of trustees of the school district may issue the bonds for a period of 10 years after the date of approval by the voters, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to NRS 393.092 in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued.

 


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outstanding general obligations of the school district and the general obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, “general obligations” does not include medium-term obligations issued pursuant to NRS 350.087 to 350.095, inclusive.

      5.  At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of:

      (a) For a school district located in a county whose population is 100,000 or more, 25 percent; and

      (b) For a school district located in a county whose population is less than 100,000, 50 percent,

Ê of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district.

      6.  If the amount in the reserve account falls below the amount required by subsection 5:

      (a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by subsection 5; and

      (b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to subsection 5.

      7.  A question presented to the voters pursuant to subsection 4 may authorize all or a portion of the revenue generated by the debt rate which is in excess of the amount required:

      (a) For debt service in the current fiscal year;

      (b) For other purposes related to the bonds by the instrument pursuant to which the bonds were issued; and

      (c) To maintain the reserve account required pursuant to subsection 5,

Ê to be transferred to the county school district’s fund for capital projects established pursuant to NRS 387.328 and used to pay the cost of capital projects which can lawfully be paid from that fund. Any such transfer must not limit the ability of the school district to issue bonds during the period of voter authorization if the findings and approvals required by subsection 4 are obtained.

      8.  A municipality may issue special or medium-term obligations without an election.

      Sec. 5. NRS 354.5982 is hereby amended to read as follows:

      354.5982  1.  The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional property tax, and the proposal is approved by a majority of the voters voting on the question at a general election, a general city election or a special election called for that purpose. The question submitted to the voters must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.

 


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the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration of the levy must not exceed 30 years. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.

      2.  A special election may be held:

      (a) At any time, including, without limitation, on the date of a primary city election or a primary state election, if the governing body of the local government determines, by a unanimous vote, that an emergency exists; or

      (b) On the [first] second Tuesday after the first Monday in June of an odd-numbered year [.] , whether or not the local government also holds a general city election on that date.

      3.  The determination made by the governing body pursuant to subsection 2 that an emergency exists is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the local government to prevent or mitigate a substantial financial loss to the local government or to enable the governing body to provide an essential service to the residents of the local government.

      4.  To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the Executive Director of the Department of Taxation shall add any amount approved by the Legislature for the cost to that local government of any substantial program or expense required by legislative enactment.

      Sec. 6. NRS 387.3285 is hereby amended to read as follows:

      387.3285  1.  Upon the approval of a majority of the registered voters of a county voting upon the question at a general or special election, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 75 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must contain the rate of the proposed additional property tax, stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the board of trustees of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration may not exceed 20 years.

      2.  Upon the approval of a majority of the registered voters of a county voting upon the question at a general or special election, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 50 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must contain the rate of the proposed additional property tax, stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the board of trustees of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.

 


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valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the board of trustees of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration may not exceed 20 years.

      3.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and, except as otherwise provided in NRS 387.3287, to be expended in the same manner as other money deposited in that fund.

      4.  A special election may be held:

      (a) At any time, including, without limitation, on the date of a primary city election or a primary state election if the board of trustees of the school district determines, by a unanimous vote, that an emergency exists; or

      (b) On the [first] second Tuesday after the first Monday in June of an odd-numbered year [.] , whether or not any local government also holds a general city election on that date.

      5.  The determination made by the board of trustees pursuant to subsection 4 that an emergency exists is conclusive unless it is shown that the board of trustees acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board of trustees must be commenced within 15 days after the determination made by board of trustees is final. As used in this subsection, “emergency” means an unexpected occurrence or combination of occurrences that requires immediate action by the board of trustees of the school district to prevent or mitigate a substantial financial loss to the school district or to enable the board of trustees to provide an essential service.

      Sec. 7. Section 96 of the Charter of Boulder City is hereby amended to read as follows:

       Section 96.  Conduct of municipal elections.

       1.  All municipal elections must be nonpartisan in character and must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council which are consistent with law and this Charter. (1959 Charter)

       2.  All full terms of office in the City Council are 4 years, and Council Members must be elected at large without regard to precinct residency. Except as otherwise provided in subsection 8, two full-term Council Members and the Mayor are to be elected in each year immediately preceding a federal presidential election, and two full-term Council Members are to be elected in each year immediately following a federal presidential election. In each election, the candidates receiving the greatest number of votes must be declared elected to the vacant full-term positions. (Add. 17; Amd. 1; 11-5-1996)

       3.  In the event one or more 2-year term positions on the Council will be available at the time of a municipal election as provided in section 12, candidates must file specifically for such position(s). Candidates receiving the greatest respective number of votes must be declared elected to the respective available 2-year positions. (Add. 15; Amd. 2; 6-4-1991)

 


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      4.  Except as otherwise provided in subsection 8, a primary municipal election must be held on the first Tuesday after the first Monday in April of each odd-numbered year and a general municipal election must be held on the [first] second Tuesday after the first Monday in June of each odd-numbered year.

       5.  A primary municipal election must not be held if no more than double the number of Council Members to be elected file as candidates. A primary municipal election must not be held for the office of Mayor if no more than two candidates file for that position. The primary municipal election must be held for the purpose of eliminating candidates in excess of a figure double the number of Council Members to be elected. (Add. 17; Amd. 1; 11-5-1996)

       6.  If, in the primary municipal election, a candidate receives votes equal to a majority of voters casting ballots in that election, he or she shall be considered elected to one of the vacancies and his or her name shall not be placed on the ballot for the general municipal election. (Add. 10; Amd. 7; 6-2-1981)

       7.  In each primary and general municipal election, voters are entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the municipal elections. (Add. 11; Amd. 5; 6-7-1983)

       8.  The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

       9.  If the City Council adopts an ordinance pursuant to subsection 8, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

       10.  If the City Council adopts an ordinance pursuant to subsection 8, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.

       11.  The conduct of all municipal elections must be under the control of the City Council, which shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter. Nothing in this Charter shall be construed as to deny or abridge the power of the City Council to provide for supplemental regulations for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud. (Add. 24; Amd. 1; 6-3-2003)

      Sec. 8. Section 5.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 263, Statutes of Nevada 2013, at page 1182, is hereby amended to read as follows:

       Sec. 5.010  Municipal elections.

       1.  Except as otherwise provided in subsection 2:

       (a) [On the first Tuesday after the first Monday in June 1973, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.

 


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Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      (b)] On the [first] second Tuesday after the first Monday in June [1975,] 2019, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, two Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.

       [(c) On the first Tuesday after the first Monday in June 1975, there shall be elected by the qualified voters of the City at a general municipal election to be held for that purpose one Council Member who shall hold office for a period of 2 years and until his or her successor has been elected and qualified.

      (d)](b) On the [first] second Tuesday after the first Monday in June [1977,] 2017, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

       2.  The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

       3.  If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

       4.  If the City Council adopts an ordinance pursuant to subsection 2, the term of office of any elected official may be shortened but may not be lengthened as a result of the ordinance.

      Sec. 9. Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 266, Statutes of Nevada 2013, at page 1215, is hereby amended to read as follows:

       Sec. 5.020  General municipal election.

       1.  Except as otherwise provided in subsection 2:

      (a) A general municipal election must be held in the City on the [first] second Tuesday after the first Monday in June of each odd-numbered year, at which time the registered voters of the City shall elect city officers to fill the available elective positions.

       (b) All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the registered voters of the City at large. The term of office for members of the City Council and the Mayor is 4 years. Except as otherwise provided in subsection 3 of section 4.015, the term of office for a Municipal Judge is 6 years.

      (c) On the second Tuesday after the first Monday in June [2001,] 2019, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and qualified.

 


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      (d) On the second Tuesday after the first Monday in June [2003] 2021, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified.

      (e) On the second Tuesday after the first Monday in June [2005,] 2017, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who will hold office until his or her successor has been elected and qualified.

       2.  The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

       3.  If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

       4.  If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.

      Sec. 10. Section 1.160 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 218, Statutes of Nevada 2011, at page 958, is hereby amended to read as follows:

      Sec. 1.160  Elective offices: Vacancies.  Except as otherwise provided in NRS 268.325:

       1.  A vacancy in the office of Mayor, Council Member or Municipal Judge must be filled by the majority vote of the entire City Council within 30 days after the occurrence of that vacancy. A person may be selected to fill a prospective vacancy before the vacancy occurs. In such a case, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official, including, without limitation, any applicable residency requirement.

      2.  Except as otherwise provided in section 5.010, no appointment extends beyond the first regular meeting of the City Council that follows the next general municipal election, at that election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the City Council after the second Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.

 


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      Sec. 11. Section 5.020 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 263, Statutes of Nevada 2013, at page 1183, is hereby amended to read as follows:

       Sec. 5.020  General municipal election.

      1.  Except as otherwise provided in subsection 2, a general municipal election must be held in the City on the second Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there must be elected those officers whose offices are required to be filled by election in that year.

       2.  The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

       3.  If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

       4.  If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.

       5.  All candidates for elective office, except the office of Council Member, must be voted upon by the registered voters of the City at large.

      Sec. 12. Section 5.010 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 962, is hereby amended to read as follows:

       Sec. 5.010  General municipal elections.

       1.  Except as otherwise provided in section 5.025:

      (a) On the second Tuesday after the first Monday in June [1977,] 2017, and at each successive interval of 4 years thereafter, there must be elected, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      (b) On the second Tuesday after the first Monday in June [1975,] 2019, and at each successive interval of 4 years thereafter, there must be elected, at a general municipal election to be held for that purpose, two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

       2.  In a general municipal election:

       (a) A candidate for the office of City Council Member must be elected only by the registered voters of the ward that he or she seeks to represent.

       (b) Candidates for all other elective offices must be elected by the registered voters of the City at large.

 


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      Sec. 13. Section 5.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapter 263, Statutes of Nevada 2013, at page 1184, is hereby amended to read as follows:

       Sec. 5.010  Municipal elections.

       1.  Except as otherwise provided in subsection 2:

      (a) On the [first] second Tuesday after the first Monday in June [1975,] 2019, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      (b) On the [first] second Tuesday after the first Monday in June [1977,] 2017, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

       2.  The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

       3.  If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

       4.  If the City Council adopts an ordinance pursuant to subsection 2, the term of office of any elected official may be shortened but may not be lengthened as a result of the ordinance.

      Sec. 14.  1.  For the purposes of NRS 294A.100, as amended by section 2 of this act:

      (a) A person who, on or after January 1, 2011, and on or before January 8, 2011, made or committed to make a contribution to a candidate for an office having a term of 6 years, the last preceding general election for which was in 2010, shall be deemed to have made or committed to make the contribution on December 31, 2010.

      (b) A candidate for an office described in paragraph (a) who, on or after January 1, 2011, and on or before January 8, 2011, accepted a contribution or a commitment to make a contribution, shall be deemed to have accepted the contribution or commitment on December 31, 2010.

      (c) A person who, on or after January 1, 2013, and on or before January 5, 2013, made or committed to make a contribution to a candidate for an office having a term of 4 years or more, the last preceding general election for which was in 2012, shall be deemed to have made or committed to make the contribution on December 31, 2012.

      (d) A candidate for an office described in paragraph (c) who, on or after January 1, 2013, and on or before January 5, 2013, accepted a contribution or a commitment to make a contribution, shall be deemed to have accepted the contribution or commitment on December 31, 2012.

      (e) A person who, on or after January 1, 2015, and on or before January 3, 2015, made or committed to make a contribution to a candidate for an office having a term of 2 years or more, the last preceding general election for which was in 2014, shall be deemed to have made or committed to make the contribution on December 31, 2014.

 


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for an office having a term of 2 years or more, the last preceding general election for which was in 2014, shall be deemed to have made or committed to make the contribution on December 31, 2014.

      (f) A candidate for an office described in paragraph (e) who, on or after January 1, 2015, and on or before January 3, 2015, accepted a contribution or a commitment to make a contribution, shall be deemed to have accepted the contribution or commitment on December 31, 2014.

      2.  For the purposes of NRS 294A.287, as affected by section 2 of this act:

      (a) A person who, on or after January 1, 2011, and on or before January 8, 2011, made or committed to make a contribution to the legal defense fund of a candidate for an office having a term of 6 years or a public officer who held such an office, the last preceding general election for which was in 2010, shall be deemed to have made or committed to make the contribution on December 31, 2010.

      (b) A candidate for an office or a public officer who held an office described in paragraph (a), the last preceding general election for which was in 2010, and who accepted a contribution or a commitment to make a contribution to his or her legal defense fund on or after January 1, 2011, and on or before January 8, 2011, shall be deemed to have accepted the contribution or commitment on December 31, 2010.

      (c) A person who, on or after January 1, 2013, and on or before January 5, 2013, made or committed to make a contribution to the legal defense fund of a candidate for an office having a term of 4 years or more or a public officer who held such an office, the last preceding general election for which was in 2012, shall be deemed to have made or committed to make the contribution on December 31, 2012.

      (d) A candidate for an office or a public officer who held an office described in paragraph (c), the last preceding general election for which was in 2012, and who accepted a contribution or a commitment to make a contribution to his or her legal defense fund on or after January 1, 2013, and on or before January 5, 2013, shall be deemed to have accepted the contribution or commitment on December 31, 2012.

      (e) A person who, on or after January 1, 2015, and on or before January 3, 2015, made or committed to make a contribution to the legal defense fund of a candidate for an office having a term of 2 years or more or a public officer who held such an office, the last preceding general election for which was in 2014, shall be deemed to have made or committed to make the contribution on December 31, 2014.

      (f) A candidate for an office or a public officer who held an office described in paragraph (e), the last preceding general election for which was in 2014, and who accepted a contribution or a commitment to make a contribution to his or her legal defense fund on or after January 1, 2015, and on or before January 3, 2015, shall be deemed to have accepted the contribution or commitment on December 31, 2014.

      3.  Nothing in this section authorizes a person to make a contribution or commitment to make a contribution, or a candidate or public officer to accept a contribution or commitment to make a contribution, in excess of the limits set forth in NRS 294A.100 or 294A.287.

      Sec. 15.  The amendatory provisions of this act do not abrogate or affect the current term of office of any municipal officer who is serving in that office on January 1, 2016.

 


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      Sec. 16.  1.  This section and sections 1, 1.7 to 3, inclusive, and 14 of this act become effective on July 1, 2015.

      2.  Sections 1.3, 1.5, 4 to 13, inclusive, and 15 of this act become effective on January 1, 2016.

________

CHAPTER 337, AB 128

Assembly Bill No. 128–Committee on Judiciary

 

CHAPTER 337

 

[Approved: June 4, 2015]

 

AN ACT relating to powers of attorney; creating a power of attorney for health care decisions for adults with intellectual disabilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth provisions governing durable powers of attorney for health care decisions. (NRS 162A.700-162A.860) Existing law specifically provides an example of a form for a power of attorney for health care. (NRS 162A.860) Section 3 of this bill provides examples of a form for a power of attorney for health care for adults with intellectual disabilities and a form for end-of-life decisions for adults with intellectual disabilities.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 162A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “Intellectual disability” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

      Sec. 3. 1.  The form of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

      My name is .......... (insert your name) and my address is .......... (insert your address). I would like to designate .......... (insert the name of the person you wish to designate as your agent for health care decisions for you) as my agent for health care decisions for me if I am sick or hurt and need to see a doctor or go to the hospital. I understand what this means.

      If I am sick or hurt, my agent should take me to the doctor. If my agent is not with me when I become sick or hurt, please contact my agent and ask him or her to come to the doctor’s office. I would like the doctor to speak with my agent and me about my sickness or injury and whether I need any medicine or other treatment.

 


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injury and whether I need any medicine or other treatment. After we speak with the doctor, I would like my agent to speak with me about the care or treatment. When we have made decisions about the care or treatment, my agent will tell the doctor about our decisions and sign any necessary papers.

      If I am very sick or hurt, I may need to go to the hospital. I would like my agent to help me decide if I need to go to the hospital. If I go to the hospital, I would like the people who work at the hospital to try very hard to care for me. If I am able to communicate, I would like the doctor at the hospital to speak with me and my agent about what care or treatment I should receive, even if I am unable to understand what is being said about me. After we speak with the doctor, I would like my agent to help me decide what care or treatment I should receive. Once we decide, my agent will sign any necessary paperwork. If I am unable to communicate because of my illness or injury, I would like my agent to make decisions about my care or treatment based on what he or she thinks I would do and what is best for me.

      I would like my agent to help me decide if I need to see a dentist and help me make decisions about what care or treatment I should receive from the dentist. Once we decide, my agent will sign any necessary paperwork.

       I would also like my agent to be able to see and have copies of all my medical records. If my agent requests to see or have copies of my medical records, please allow him or her to see or have copies of the records.

      I understand that my agent cannot make me receive any care or treatment that I do not want. I also understand that I can take away this power from my agent at any time, either by telling him or her that they are no longer my agent or by putting it in writing.

       If my agent is unable to make health care decisions for me, then I designate .......... (insert the name of another person you wish to designate as your alternative agent to make health care decisions for you) as my agent to make health care decisions for me as authorized in this document.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health Care on ............. (date) at ........................... (city), .................... (state)

                                                                       .....................................................

                                                                                       (Signature)

 

AGENT SIGNATURE

 

       As agent for .......... (insert name of principal), I agree that a physician, health care facility or other provider of health care, acting in good faith, may rely on this power of attorney for health care and the signatures herein, and I understand that pursuant to NRS 162A.815, a physician, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

 


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discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

      I also agree that:

      1.  I have a duty to act in a manner consistent with the desires of .......... (insert name of principal) as stated in this document or otherwise made known by .......... (insert name of principal), or if his or her desires are unknown, to act in his or her best interest.

      2.  If .......... (insert name of principal) revokes this power of attorney at any time, either verbally or in writing, I have a duty to inform any persons who may rely on this document, including, without limitation, treating physicians, hospital staff or other providers of health care, that I no longer have the authorities described in this document.

      3.  The provisions of NRS 162A.840 prohibit me from being named as an agent to make health care decisions in this document if I am a provider of health care, an employee of the principal’s provider of health care or an operator or employee of a health care facility caring for the principal, unless I am the spouse, legal guardian or next of kin of the principal.

      4.  The provisions of NRS 162A.850 prohibit me from consenting to the following types of care or treatments on behalf of the principal, including, without limitation:

      (a) Commitment or placement of the principal in a facility for treatment of mental illness;

      (b) Convulsive treatment;

      (c) Psychosurgery;

      (d) Sterilization;

      (e) Abortion;

      (f) Aversive intervention, as it is defined in NRS 449.766;

      (g) Experimental medical, biomedical or behavioral treatment, or participation in any medical, biomedical or behavioral research program; or

      (h) Any other care or treatment to which the principal prohibits the agent from consenting in this document.

      5.  End-of-life decisions must be made according to the wishes of .......... (insert name of principal), as designated in the attached addendum. If his or her wishes are not known, such decisions must be made in consultation with the principal’s treating physicians.

 

Signature:.....................................           Residence Address:.....................

Print Name:..................................           .........................................................

Date:..............................................           .........................................................

Relationship to principal:.............................................................................

Length of relationship to principal:...........................................................

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 


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CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada              }

                                           }ss.

County of........................ }

 

       On this .......... day of .........., in the year ...., before me, .......... (here insert name of notary public) personally appeared .......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 

NOTARY SEAL                                          .....................................................

                                                                                       (Signature)

 

STATEMENT OF WITNESSES

 

(If you choose to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. The following people cannot be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature:.....................................           Residence Address:.....................

Print Name:..................................           .........................................................

Date:..............................................           .........................................................

 

Signature:.....................................           Residence Address:.....................

Print Name:..................................           .........................................................

Date:..............................................           .........................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 


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       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature:.....................................

Signature:.....................................

 

Names:...........................................           Address:.........................................

Print Name:..................................           .........................................................

Date:..............................................           .........................................................

 

COPIES: You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

 

      2.  The form for end-of-life decisions of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

END-OF-LIFE DECISIONS ADDENDUM

STATEMENT OF DESIRES

 

(You can, but are not required to, state what you want to happen if you get very sick and are not likely to get well. You do not have to complete this form, but if you do, your agent must do as you ask if you cannot speak for yourself.)

 

.................... (Insert name of agent) might have to decide, if you get very sick, whether to continue with your medicine or to stop your medicine, even if it means you might not live ..................... (Insert name of agent) will talk to you to find out what you want to do, and will follow your wishes.

 

If you are not able to talk to .................... (insert name of agent), you can help him or her make these decisions for you by letting your agent know what you want.

 

Here are your choices. Please circle yes or no to each of the following statements and sign your name below:

 

       1.  I want to take all the medicine and receive any treatment I can to keep me alive regardless of how the medicine or treatment makes me feel.        YES                    NO

       2.  I do not want to take medicine or receive treatment if my doctors think that the medicine or treatment will not help me.                                          YES                    NO

 


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       3.  I do not want to take medicine or receive treatment if I am very sick and suffering and the medicine or treatment will not help me get better. YES                    NO

       4.  I want to get food and water even if I do not want to take medicine or receive treatment.   YES       NO

 

(YOU MUST DATE AND SIGN THIS END-OF-LIFE DECISIONS ADDENDUM)

 

      I sign my name to this End-of-Life Decisions Addendum on ............ (date) at ................. (city), ................ (state)

..................................................

               (Signature)

 

(THIS END-OF-LIFE DECISIONS ADDENDUM WILL NOT BE VALID UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada              }

                                           }ss.

County of........................ }

 

       On this .......... day of .........., in the year ...., before me, .......... (here insert name of notary public) personally appeared .......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 

NOTARY SEAL                                          .....................................................

                                                                                     (Signature)

 

STATEMENT OF WITNESSES

 

(If you choose to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. The following people cannot be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility.

 


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or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this End-of-Life Decisions Addendum in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by the power of attorney for health care and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature:...........................             Residence Address:.............................

Print Name:........................             .................................................................

Date:....................................

 

Signature:...........................             Residence Address:.............................

Print Name:........................             .................................................................

Date:....................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature:...........................

Signature:...........................

 

Names:.................................             Address: ................................................

Print Name:........................             .................................................................

Date:....................................

 

COPIES: You should retain an executed copy of this document and give one to your agent. The End-of-Life Decisions Addendum should be available so a copy may be given to your providers of health care.

      Sec. 4. NRS 162A.700 is hereby amended to read as follows:

      162A.700  NRS 162A.700 to [162A.860,] 162A.850, inclusive, and section 2 of this act apply to any power of attorney containing the authority to make health care decisions.

      Sec. 5. NRS 162A.710 is hereby amended to read as follows:

      162A.710  As used in NRS 162A.700 to 162A.860, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 162A.720 to 162A.780, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 6. NRS 162A.860 is hereby amended to read as follows:

      162A.860  [The] Except as otherwise provided in section 3 of this act, the form of a power of attorney for health care may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

       THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

       1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

       2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

       3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

       4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

       5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

 


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TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

       6.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

       7.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

       8.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

       9.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       10.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

       1.  DESIGNATION OF HEALTH CARE AGENT.

       I, .................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: .................................................................................................

Address: .............................................................................................

Telephone Number: .........................................................................

 

as my agent to make health care decisions for me as authorized in this document.

       (Insert the name and address of the person you wish to designate as your agent to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

       2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

       3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

       In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the agent named above full power and authority: to make health care decisions for me before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

 


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before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

       4.  SPECIAL PROVISIONS AND LIMITATIONS.

       (Your agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization or abortion. If there are any other types of treatment or placement that you do not want your agent’s authority to give consent for or other restrictions you wish to place on his or her agent’s authority, you should list them in the space below. If you do not write any limitations, your agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

       In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

............................................................................................................................

............................................................................................................................

............................................................................................................................

............................................................................................................................

 

       5.  DURATION.

       I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent will continue to exist until the time when I become able to make health care decisions for myself.

 

(IF APPLICABLE)

I wish to have this power of attorney end on the following date: ..................................................................

 


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ê2015 Statutes of Nevada, Page 1905 (Chapter 337, AB 128)ê

 

       6.  STATEMENT OF DESIRES.

       (With respect to decisions to withhold or withdraw life-sustaining treatment, your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

 

(If the statement

reflects your desires,

initial the box next to

the statement.)

 

       1.  I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures.   [     ]

       2.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.)............................... [ ]

       3.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.)       [     ]

       4.  Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld.. [ ]

       5.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.       [                                                                           ]

 


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       (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

       Other or Additional Statements of Desires:..........................................

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       7.  DESIGNATION OF ALTERNATE AGENT.

       (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

       If the person designated in paragraph 1 as my agent is unable to make health care decisions for me, then I designate the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

 

       A.  First Alternative Agent

Name: .....................................................................................

Address: ..................................................................................

Telephone Number: ..............................................................

 

       B.  Second Alternative Agent

Name: .....................................................................................

Address: ..................................................................................

Telephone Number: ..............................................................

 

       8.  PRIOR DESIGNATIONS REVOKED.

       I revoke any prior durable power of attorney for health care.

       9.  WAIVER OF CONFLICT OF INTEREST.

       If my designated agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

       10.  CHALLENGES.

       If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

 


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ê2015 Statutes of Nevada, Page 1907 (Chapter 337, AB 128)ê

 

       11.  NOMINATION OF GUARDIAN.

       If, after execution of this Durable Power of Attorney for Health Care, incompetency proceedings are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

       12.  RELEASE OF INFORMATION.

       I agree to, authorize and allow full release of information by any government agency, medical provider, business, creditor or third party who may have information pertaining to my health care, to my agent named herein, pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

                                                                       .....................................................

                                                                                      (Signature)

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                          }

                                                       }ss.

County of.................................... }

 

       On this ................ day of ................, in the year ..., before me, ................................ (here insert name of notary public) personally appeared ................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 

NOTARY SEAL                        .......................................................................

                                                              (Signature of Notary Public)

 


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STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a [community] health care facility or an employee of an operator of a health care facility.

 

Signature: ..........................             Residence Address: ............................

Print Name: ......................             .................................................................

Date: ..................................             .................................................................

 

Signature: ..........................             Residence Address: ............................

Print Name: ......................             .................................................................

Date: ..................................             .................................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: .......................................

 

Signature: .......................................

 

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Names: ...............................             Address:.................................................

Print Name: ........................             .................................................................

Date: ...................................             .................................................................

 

COPIES:  You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

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

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ê2015 Statutes of Nevada, Page 1909ê

 

CHAPTER 338, AB 198

Assembly Bill No. 198–Assemblymen Oscarson and Wheeler

 

Joint Sponsors: Senators Goicoechea; and Settelmeyer

 

CHAPTER 338

 

[Approved: June 4, 2015]

 

AN ACT relating to water; requiring the Legislative Committee on Public Lands to conduct a study concerning water conservation and alternative sources of water for Nevada communities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Legislative Committee on Public Lands is authorized to review and comment on the laws, regulations and policies relating to the use, allocation and management of water in this State. (NRS 218E.525) This bill requires the Committee to conduct a study concerning water conservation and alternative sources of water for Nevada communities and to submit a report of its findings and any recommendations for legislation to the 79th Session of the Nevada Legislature.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislative Committee on Public Lands shall conduct a study during the 2015-2016 interim concerning water conservation and alternative sources of water for Nevada communities. The study must include, without limitation, a comprehensive review of all of the following:

      (a) Issues relating to water resources in this State;

      (b) Studies quantifying water use, surface water resources and groundwater resources, including, without limitation, increased water supply through conservation;

      (c) The total consumptive use of water in this State, calculated on the basis of gallons per capita per day;

      (d) Alternative sources of water, including, without limitation, desalination of water, interbasin transfers of groundwater, conservation of water used for agricultural purposes, water conservation in urban areas and cloud seeding, and the reuse of water, including, without limitation, reclaiming wastewater, using graywater and capturing rainwater; and

      (e) Efforts that may be taken by the State of Nevada to ensure the equitable apportionment of groundwater in basins that have boundaries which extend outside the borders of the State of Nevada.

      2.  In addition to any report required by NRS 218E.525, the Committee shall, on or before February 1, 2017, submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

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ê2015 Statutes of Nevada, Page 1910ê

 

CHAPTER 339, AB 293

Assembly Bill No. 293–Assemblyman Oscarson (by request)

 

Joint Sponsor: Senator Goicoechea

 

CHAPTER 339

 

[Approved: June 4, 2015]

 

AN ACT relating to public administrators; setting forth certain qualifications for deputy public administrators; authorizing the board of county commissioners in smaller counties to impose certain duties on the public administrators of the county; revising the circumstances under which a public administrator may secure the property of a deceased person; authorizing a board of county commissioners to take certain action concerning complaints received by the board against the public administrator; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a public administrator to meet certain qualifications for office. (NRS 253.010) Existing law also authorizes a public administrator to appoint as many deputy public administrators as he or she deems necessary and authorizes a deputy public administrator to perform all duties required of the public administrator. (NRS 253.025) Section 1 of this bill requires a deputy public administrator, like a public administrator, to: (1) be a qualified elector of the county; (2) be 21 years of age or older; (3) not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction; and (4) not have been found liable in a civil action involving fraud, misrepresentation, material omission, misappropriation, theft or conversion.

      Existing law authorizes a public administrator, without procuring letters of administration and upon filing with the court an affidavit of his or her right to do so, to administer an estate in which the gross value of the decedent’s property does not exceed $20,000. (NRS 253.0403) Section 1.5 of this bill increases this threshold amount to $25,000.

      Under existing law, a public administrator may secure the property of a deceased person before the issuance of letters of administration for the estate of the decedent, before filing an affidavit to administer the estate or before petitioning to have the estate set aside without administration if the public administrator finds that there are no relatives of the decedent who are able to protect the property or that the failure to secure the property could endanger the property. (NRS 253.0405) Section 1.7 of this bill instead authorizes a public administrator to act on behalf of the estate of a deceased person to identify and secure all tangible and intangible assets of the estate before the issuance of letters of administration, before filing the affidavit, before petitioning to have the estate set aside without administration and without giving notice to next of kin if the public administrator finds that there are no relatives of the decedent who are able to protect the property or that the failure to secure the property could endanger the property.

      Section 1.7 also prohibits a public administrator from distributing, liquidating or otherwise administering the assets of an estate before a court has issued letters of administration for the estate or otherwise authorized the public administrator to act as administrator of the estate. Additionally, section 1.7 authorizes a public administrator who has identified and secured the assets of an estate to authorize a relative of the decedent, a named executor or trustee of the estate or an attorney or other natural person designated by the next of kin of the decedent to access the real and personal property of the estate.

 


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      Existing law sets forth the duties of a public administrator in administering the estate of an intestate decedent. (NRS 253.0415) Section 2 of this bill authorizes the board of county commissioners, in a county whose population is less than 100,000, to require by ordinance, the public administrator, if he or she has been made an administrator of the estate of an intestate decedent who resides in the county, to notify or obtain permission from the board before taking any property belonging to the decedent out of the county.

      Existing law authorizes a board of county commissioners to investigate any complaint received by the board against the public administrator. (NRS 253.091) Section 3 of this bill authorizes the board to take any appropriate action that it deems is necessary to resolve such a complaint. Section 3 also authorizes the board of county commissioners, in a county whose population is less than 100,000, to require, by ordinance, a public administrator to submit an independent audit report to the board on an annual basis, which covers the records and office of the public administrator.

 

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 253.025 is hereby amended to read as follows:

      253.025  1.  A public administrator may appoint as many deputies as the public administrator deems necessary to perform fully the duties of his or her office. A deputy so appointed may perform all duties required of the public administrator and has the corresponding powers and responsibilities. Before entering upon the discharge of his or her duties each deputy must take and subscribe to the constitutional oath of office. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county public administrator or the county by which the deputy is employed.

      2.  Each appointment must be in writing and recorded with the oath of office of that deputy in the office of the county recorder. Any revocation or resignation of an appointment must be recorded in the office of the county recorder.

      3.  The public administrator is responsible on his or her official bond for any official malfeasance or nonfeasance of his or her deputies and may require a bond for the faithful performance of the official duties of his or her deputies.

      4.  Every deputy appointed pursuant to this section must:

      (a) Be a qualified elector of the county;

      (b) Be at least 21 years of age;

      (c) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction; and

      (d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

      Sec. 1.5. NRS 253.0403 is hereby amended to read as follows:

      253.0403  1.  When the gross value of a decedent’s property situated in this State does not exceed [$20,000,] $25,000, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his or her right to do so.

      2.  The affidavit must provide:

 


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      (a) The public administrator’s name and address, and his or her attestation that he or she is entitled by law to administer the estate;

      (b) The decedent’s place of residence at the time of his or her death;

      (c) That the gross value of the decedent’s property in this State does not exceed [$20,000;] $25,000;

      (d) That at least 40 days have elapsed since the death of the decedent;

      (e) That no application or petition for the appointment of a personal representative is pending or has been granted in this State;

      (f) A description of the personal property of the decedent;

      (g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;

      (h) If heirs or next of kin are known to the affiant, a description of the method of service the affiant used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;

      (i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and

      (j) The name of each person to whom the affiant intends to distribute the decedent’s property.

      3.  Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, the administrator shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.

      4.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 147.195.

      (b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property the affiant holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.

      5.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if the person relies in good faith, he or she is immune from civil liability for actions based on that reliance.

      6.  Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.

      Sec. 1.7. NRS 253.0405 is hereby amended to read as follows:

      253.0405  [Before]

      1.  Subject to the provisions of subsections 2 and 3, before the issuance of the letters of administration for an estate, before filing an affidavit to administer an estate pursuant to NRS 253.0403 , [or] before petitioning to have an estate set aside pursuant to NRS 253.0425, and without giving notice to the next of kin, the public administrator may act on behalf of the estate of a deceased person to identify and secure [the property of a deceased person] all tangible and intangible assets of the estate if the administrator finds that:

 


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have an estate set aside pursuant to NRS 253.0425, and without giving notice to the next of kin, the public administrator may act on behalf of the estate of a deceased person to identify and secure [the property of a deceased person] all tangible and intangible assets of the estate if the administrator finds that:

      [1.](a) There are no relatives of the deceased who are able to protect the property; or

      [2.](b) Failure to do so could endanger the property.

      2.  A public administrator shall not distribute, liquidate or otherwise administer any assets of an estate which are identified and secured pursuant to subsection 1 unless:

      (a) A court has issued letters of administration for the estate; or

      (b) A court order authorizing the public administrator to act as administrator of the estate has been issued.

      3.  A public administrator may, for the purpose of protecting the assets of an estate which are identified and secured pursuant to subsection 1, authorize any of the following persons to access the real and personal property of the estate:

      (a) A relative of the deceased;

      (b) A named executor or named trustee of the estate; or

      (c) An attorney or any other natural person designated by the next of kin of the deceased.

      Sec. 2. NRS 253.0415 is hereby amended to read as follows:

      253.0415  1.  The public administrator shall:

      (a) Investigate:

             (1) The financial status of any decedent for whom he or she has been requested to serve as administrator to determine the assets and liabilities of the estate.

             (2) Whether there is any qualified person who is willing and able to serve as administrator of the estate of an intestate decedent to determine whether he or she is eligible to serve in that capacity.

             (3) Whether there are beneficiaries named on any asset of the estate or whether any deed upon death executed pursuant to NRS 111.655 to 111.699, inclusive, is on file with the county recorder.

      (b) Except as otherwise provided in NRS 253.0403 and 253.0425, petition the court for letters of administration of the estate of an intestate decedent if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve.

      (c) Upon court order, act as administrator of the estate of an intestate decedent, regardless of the amount of assets in the estate of the decedent if no other qualified person is willing and able to serve.

      2.  The public administrator shall not administer any estate:

      (a) Held in joint tenancy unless all joint tenants are deceased; or

      (b) For which a deed upon death has been executed pursuant to NRS 111.655 to 111.699, inclusive.

      3.  In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require the public administrator to notify or obtain approval from the board of county commissioners before transporting outside the county any property of a decedent for whose estate the public administrator serves as administrator.

      4.  As used in this section, “intestate decedent” means a person who has died without leaving a valid will, trust or other estate plan.

 


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ê2015 Statutes of Nevada, Page 1914 (Chapter 339, AB 293)ê

 

      Sec. 3. NRS 253.091 is hereby amended to read as follows:

      253.091  1.  The board of county commissioners shall:

      (a) Establish regulations for the form of any reports made by the public administrator.

      (b) Review reports submitted to the board by the public administrator.

      (c) Investigate any complaint received by the board against the public administrator [.] and take any appropriate action it deems necessary to resolve the complaint.

      2.  The board of county commissioners may at any time investigate any estate for which the public administrator is serving as administrator.

      3.  In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require that, on or before March 1 of each year, the public administrator submit to the board of county commissioners an independent audit report prepared by a certified public accountant of the records and office of the public administrator. The ordinance must:

      (a) Provide that each such audit report cover the period starting January 1 of the previous calendar year and ending December 31 of the previous calendar year.

      (b) Prescribe who is responsible for paying the costs of the audit.

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

________

CHAPTER 340, AB 388

Assembly Bill No. 388–Assemblymen Paul Anderson, Kirkpatrick; and Armstrong

 

CHAPTER 340

 

[Approved: June 4, 2015]

 

AN ACT relating to public employment; revising provisions governing certain leaves of absence for military duty for public officers and employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, public officers and employees who are active members of the National Guard or a reserve component of the Armed Forces of the United States are required to be relieved from their duties as a public officer or employee to serve under orders without loss of their regular compensation for a period of not more than 15 working days in a calendar year. In addition to these 15 working days of leave, such public officers and employees who are employed by the State of Nevada and whose work schedules include Saturday or Sunday are required to be relieved from their duties as a public officer or employee to serve under orders without loss of their regular compensation for an additional 24 working days in a calendar year. (NRS 281.145)

      This bill changes the period during which a public officer or employee is eligible to take the specified number of days of leave of absence for military duty each year from a calendar year to a 12-month period selected by the officer’s or employee’s public employer. This bill requires: (1) the Personnel Commission within the Division of Human Resource Management of the Department of Administration to prescribe this 12-month period by regulation for each state agency; and (2) each political subdivision to prescribe this 12-month period for its agencies.

 


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ê2015 Statutes of Nevada, Page 1915 (Chapter 340, AB 388)ê

 

      Under existing law, a public officer or employee who is on leave of absence for military duty receives his or her regular compensation and his or her military pay during that period of leave. With respect to a state officer or employee whose work schedule includes a Saturday or Sunday, this bill limits the officer’s or employee’s compensation for those additional 24 working days of leave as follows, for each hour during any such period of leave: (1) if the officer’s or employee’s military pay exceeds his or her regular compensation, the officer or employee receives only his or her military pay and not his or her regular compensation; or (2) if the officer’s or employee’s military pay does not exceed his or her regular compensation, the officer or employee receives his or her military pay and his or her regular compensation is reduced by an amount equal to his or her military pay. This bill provides that for any hours in which an officer or employee receives such compensation, the officer or employee is not entitled to receive any additional compensation for which he or she would otherwise be eligible or use any paid or certain unpaid leave. This bill also limits the use of the additional 24 working days of leave from service under any type of orders to only service under orders for training that is scheduled on a Saturday or Sunday.

      Finally, this bill clarifies the terms “work schedule” and “working day” for purposes of accounting for officers’ and employees’ leave of absence for military duty and clarifies that the leave must be accounted for on an hourly basis instead of a daily basis.

 

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 281.145 is hereby amended to read as follows:

      281.145  1.  Except as otherwise provided in subsection 2, any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must be relieved from the officer’s or employee’s duties, upon the officer’s or employee’s request, to serve under orders including, without limitation, orders for training or deployment, without loss of the officer’s or employee’s regular compensation for a period of not more than the number of hours equivalent to 15 working days in any [1 calendar year.] 12-month period, as prescribed in subsection 3 or 4, as applicable. No such absence may be a part of the officer’s or employee’s annual vacation provided for by law.

      2.  [Any] In addition to the leave authorized pursuant to subsection 1, any public officer or employee of the State or any agency thereof whose work schedule includes Saturday or Sunday and who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must be relieved from the officer’s or employee’s duties, upon the officer’s or employee’s request, [to serve under orders without loss of the officer’s or employee’s regular compensation] for a period of not more than [39] the number of hours equivalent to 24 working days in any [1 calendar year.] 12-month period, as prescribed in subsection 3, to serve under orders for training that is scheduled on a Saturday or Sunday, including, without limitation, monthly and annual training.

 


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ê2015 Statutes of Nevada, Page 1916 (Chapter 340, AB 388)ê

 

limitation, monthly and annual training. No such absence may be a part of the officer’s or employee’s annual vacation provided for by law. An officer or employee is not entitled to receive his or her regular compensation for any hours in a working day in which the officer or employee serves under orders for training pursuant to this subsection if his or her military pay for the service is equal to or exceeds his or her regular compensation for those hours. If the officer’s or employee’s military pay does not exceed his or her regular compensation for those hours, the officer or employee is entitled to receive, in addition to his or her military pay for those hours, the difference between the regular compensation that the officer or employee would have otherwise received as an officer or employee and his or her military pay for those hours. An officer or employee is not entitled to:

      (a) Receive any other compensation for which he or she would otherwise be eligible, including, without limitation, compensation pursuant to NRS 284.358; or

      (b) Use any annual leave, compensatory time or other paid leave or any unpaid leave that is required as a result of statewide economic conditions,

Ê for any hours for which the officer or employee receives compensation pursuant to this subsection.

      3.  The Personnel Commission created by NRS 284.030 shall adopt regulations prescribing for each agency of the State the 12-month period during which an officer or employee of the agency is eligible to take the number of working days of leave set forth in subsections 1 and 2.

      4.  A political subdivision shall establish the 12-month period during which an officer or employee of an agency of the political subdivision or an agency thereof is eligible to take the number of working days of leave set forth in subsection 1.

      5.  As used in this section:

      (a) “Work schedule” means the working days that an officer or employee is regularly assigned to work. The term does not include, without limitation, any temporary change in assigned working days unless the change becomes permanent.

      (b) “Working day” means a period of work consisting of the number of hours that a public officer or employee is regularly scheduled to work. The term does not include, without limitation, overtime, or any time in which the officer or employee is on standby status or has been called back to work during his or her scheduled time off.

      Sec. 2.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2015, for all other purposes.

________

 


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ê2015 Statutes of Nevada, Page 1917ê

 

CHAPTER 341, AB 428

Assembly Bill No. 428–Committee on Government Affairs

 

CHAPTER 341

 

[Approved: June 4, 2015]

 

AN ACT relating to public purchasing; exempting the Nevada Rural Housing Authority from the Local Government Purchasing Act; increasing the authorized duration of a performance contract entered into by a local government; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Nevada Rural Housing Authority is considered to be a local government for the purposes of the Local Government Purchasing Act. (NRS 332.015) Section 1 of this bill exempts the Authority from the provisions of the Act.

      Existing law authorizes a local government to enter into a performance contract with a qualified service company for the purchase and installation of one or more operating cost-savings measures to reduce costs related to energy, water and the disposal of waste, and related labor costs. (NRS 332.360) Existing law also provides that the term of a performance contract may not exceed 15 years. (NRS 332.380) Section 2 of this bill provides that the term of a performance contract may not exceed 25 years.

 

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 332.015 is hereby amended to read as follows:

      332.015  1.  For the purpose of this chapter, unless the context otherwise requires, “local government” means:

      [1.](a) Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, 541, 543 and 555 of NRS.

      [2.](b) The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.

      [3.](c) County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive.

      [4.](d) District boards of health created pursuant to the provisions of NRS 439.362 or 439.370.

      [5.]2.  The term does not include the Nevada Rural Housing Authority.

      Sec. 2. NRS 332.380 is hereby amended to read as follows:

      332.380  1.  A performance contract must provide that all payments, other than any obligations that become due if the contract is terminated before the contract expires, must be made over time.

      2.  Except as otherwise provided in this subsection, a performance contract, and the payments provided thereunder, may extend beyond the fiscal year in which the performance contract becomes effective for costs incurred in future fiscal years. The performance contract may extend for a term not to exceed [15] 25 years.

 


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ê2015 Statutes of Nevada, Page 1918 (Chapter 341, AB 428)ê

 

term not to exceed [15] 25 years. The length of a performance contract may reflect the useful life of the operating cost-savings measure being installed or purchased under the performance contract.

      3.  The period over which payments are made on a performance contract must equal the period over which the operating cost savings are amortized. Payments on a performance contract must not commence until the operating cost-savings measures have been installed by the qualified service company.

________

CHAPTER 342, AB 466

Assembly Bill No. 466–Committee on Ways and Means

 

CHAPTER 342

 

[Approved: June 4, 2015]

 

AN ACT relating to the Renewable Energy Account; authorizing the Director of the Office of Energy to adopt regulations establishing a procedure by which an officer or employee of the State to whom the Director makes a loan or other distribution of money from the Renewable Energy Account may enter into an agreement with the Director authorizing repayment of the loan or other distribution of money through payroll deductions; authorizing state payroll officers and the Legislative Fiscal Officer, in accordance with any such agreement, to withhold certain amounts from the salary or wages of an officer or employee of the State and pay the amounts withheld to the Director for credit to the Account; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Renewable Energy Account and requires the Director of the Office of Energy to administer the Account. Existing law requires that not less than 75 percent of the money in the Account must be used to offset the cost of electricity to or the use of electricity by retail customers of a public utility. The Director is authorized to establish by regulation other uses of the money in the Account. (NRS 701A.450) Section 3 of this bill authorizes the Director to establish by regulation a procedure pursuant to which an officer or employee of the State to whom the Director has made a loan or other distribution of money from the Account may enter into an agreement with the Director which provides for the repayment of the loan or other distribution of money through payroll deductions.

      Sections 1 and 2 of this bill respectively authorize any officer of the State who disburses money in payment of salaries and wages of officers and employees of the State and the Legislative Fiscal Officer, in accordance with an agreement entered into between the Director and an officer or employee pursuant to section 3, to withhold certain amounts from the salary or wages of the officer or employee and pay the amounts withheld to the Director for credit to the Account.

 


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ê2015 Statutes of Nevada, Page 1919 (Chapter 342, AB 466)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 281.129 is hereby amended to read as follows:

      281.129  1.  Any officer of the State, except the Legislative Fiscal Officer, who disburses money in payment of salaries and wages of officers and employees of the State:

      (a) May, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:

             (1) Charitable organizations;

             (2) Employee credit unions;

             (3) Except as otherwise provided in paragraph [(b),] (c), insurers;

             (4) The United States for the purchase of savings bonds and similar obligations of the United States; and

             (5) Employee organizations and labor organizations.

      (b) May, in accordance with an agreement entered into pursuant to NRS 701A.450 between the Director of the Office of Energy and the officer or employee specifying amounts, withhold those amounts and pay them to the Director of the Office of Energy for credit to the Renewable Energy Account created by NRS 701A.450.

      (c) Shall, upon receipt of information from the Public Employees’ Benefits Program specifying amounts of premiums or contributions for coverage by the Program, withhold those amounts from the salaries or wages of officers and employees who participate in the Program and pay those amounts to the Program.

      2.  The State Controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the Executive Department.

      Sec. 2. NRS 218F.510 is hereby amended to read as follows:

      218F.510  1.  The Chief of the Administrative Division is ex officio Legislative Fiscal Officer. As such Officer, the Chief shall keep a complete, accurate and adequate set of accounting records and reports for all legislative operations, including any records and reports required by the Federal Government for the administration of federal revenue and income tax laws.

      2.  The Chief shall:

      (a) Withhold from the pay of each Legislator, employee of the Legislature and employee of the Legislative Counsel Bureau the amount of tax specified by the Federal Government; and

      (b) Transmit the amount deducted to the Internal Revenue Service of the United States Department of the Treasury.

      3.  The Chief shall, upon receipt of information from the Public Employees’ Benefits Program specifying amounts of premiums or contributions for coverage by the Program:

      (a) Withhold from the pay of each employee of the Legislature and employee of the Legislative Counsel Bureau who participates in the Public Employees’ Benefits Program those amounts; and

      (b) Pay those amounts to the Program.

      4.  The Chief:

      (a) May provide for the purchase of United States savings bonds or similar United States obligations by salary deduction for any Legislator, employee of the Legislature or employee of the Legislative Counsel Bureau who submits a written request for these deductions and purchases.

 


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ê2015 Statutes of Nevada, Page 1920 (Chapter 342, AB 466)ê

 

employee of the Legislature or employee of the Legislative Counsel Bureau who submits a written request for these deductions and purchases.

      (b) Shall provide forms authorizing deductions for and purchases of these United States obligations.

      5.  The Chief may:

      (a) Withhold from the pay of a Legislator, employee of the Legislature or employee of the Legislative Counsel Bureau such amount as the claimant specifies in writing for payment to the claimant’s credit union. Any money which is withheld must be transmitted by the Chief in accordance with the claimant’s written instructions.

      (b) In accordance with the terms of an agreement entered into pursuant to NRS 701A.450 between the Director of the Office of Energy and the employee of the Legislature or employee of the Legislative Counsel Bureau specifying amounts, withhold those amounts and pay them to the Director of the Office of Energy for credit to the Renewable Energy Account created by NRS 701A.450.

      (c) Adopt regulations necessary to carry out the provisions of this subsection.

      Sec. 3. NRS 701A.450 is hereby amended to read as follows:

      701A.450  1.  The Renewable Energy Account is hereby created in the State General Fund.

      2.  The Director of the Office of Energy appointed pursuant to NRS 701.150 shall administer the Account.

      3.  The interest and income earned on the money in the Account must be credited to the Account.

      4.  Not less than 75 percent of the money in the Account must be used to offset the cost of electricity to or the use of electricity by retail customers of a public utility that is subject to the portfolio standard established by the Public Utilities Commission of Nevada pursuant to NRS 704.7821.

      5.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  The Director of the Office of Energy may by regulation establish [other] :

      (a) Other uses of the money in the Account [by regulation.] ; and

      (b) A procedure by which any officer or employee of the State to whom the Director has made a loan or other distribution of money from the Account may enter into an agreement with the Director pursuant to which repayment of the loan or other distribution of money may be made through payroll deductions.

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

________

 


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ê2015 Statutes of Nevada, Page 1921ê

 

CHAPTER 343, AB 469

Assembly Bill No. 469–Committee on Ways and Means

 

CHAPTER 343

 

[Approved: June 4, 2015]

 

AN ACT relating to governmental administration; creating the Office of Finance in the Office of the Governor; transferring certain powers and duties of the Department of Administration to the Office of Finance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Department of Administration consisting of several divisions, including the Budget Division and the Division of Internal Audits. (NRS 232.213) Section 2 of this bill creates the Office of Finance in the Office of the Governor. Sections 2-13 of this bill transfer the duties of the Budget Division and the Division of Internal Audits from the Department of Administration to the Office of Finance.

      Sections 14-16 of this bill provide transitory provisions regarding the transfer of the responsibilities of the Department of Administration to the Office of Finance, including the transfer and adoption of regulations, the effect of name changes on any existing contracts, revisions that may be necessary to other provisions of existing law and administrative regulations to conform to the changes made in this bill and other necessary direction to carry out the intent of this bill.

      If this bill is enacted, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau will be required by section 16 and NRS 220.120 to conform all sections of law not included in this bill to the reorganization provided by this bill.

 

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

      Sec. 2. 1.  The Office of Finance is hereby created in the Office of the Governor.

      2.  The Office of Finance consists of a Director and the following:

      (a) The Budget Division; and

      (b) The Division of Internal Audits.

      Sec. 3. The Director of the Office of Finance:

      1.  Is appointed by, is responsible to and serves at the pleasure of the Governor.

      2.  Is in the unclassified service of the State.

      3.  Shall not engage in any other gainful employment or occupation.

      Sec. 4. The Director of the Office of Finance:

      1.  Shall appoint a Chief of the Budget Division, who serves at the pleasure of the Director and is in the unclassified service of the State, or may serve in this position if the Director has the qualifications required by NRS 353.175.

      2.  Is responsible for the administration, through the divisions of the Office, of the provisions of NRS 235.005 to 235.016, inclusive, 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the Office.

 


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ê2015 Statutes of Nevada, Page 1922 (Chapter 343, AB 469)ê

 

353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the Office.

      Sec. 5. 1.  The Director of the Office of Finance shall appoint the Administrator of the Division of Internal Audits.

      2.  The Administrator of the Division of Internal Audits of the Office of Finance serves at the pleasure of the Director and is in the unclassified service of the State.

      Sec. 6. 1.  Unless federal law or regulation otherwise requires, the Chief of the Budget Division and the Administrator of the Division of Internal Audits may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.

      2.  Except as otherwise provided in subsection 1 and sections 3, 4 and 5 of this act, employees of the Office of Finance are in the classified service of the State.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 232.213 is hereby amended to read as follows:

      232.213  1.  The Department of Administration is hereby created.

      2.  The Department consists of a Director and the following:

      (a) [Budget Division.

      (b)] Risk Management Division.

      [(c)] (b) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.

      [(d)] (c) State Public Works Division.

      [(e)] (d) Purchasing Division.

      [(f)] (e) Administrative Services Division.

      [(g) Division of Internal Audits.

      (h)] (f) Division of Human Resource Management.

      [(i)] (g) Division of Enterprise Information Technology Services.

      [(j)] (h) Division of State Library and Archives.

      [(k)] (i) Office of Grant Procurement, Coordination and Management.

      [(l)] (j) Fleet Services Division.

      Sec. 9. NRS 232.215 is hereby amended to read as follows:

      232.215  The Director:

      1.  Shall appoint an Administrator of the:

      (a) Risk Management Division;

      (b) State Public Works Division;

      (c) Purchasing Division;

      (d) Administrative Services Division;

      (e) [Division of Internal Audits;

      (f)] Division of Human Resource Management;

      [(g)](f) Division of Enterprise Information Technology Services;

      [(h)](g) Division of State Library and Archives;

      [(i)](h) Office of Grant Procurement, Coordination and Management; and

      [(j)](i) Fleet Services Division.

      2.  [Shall appoint a Chief of the Budget Division, or may serve in this position if the Director has the qualifications required by NRS 353.175.

      3.]  Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.

 


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ê2015 Statutes of Nevada, Page 1923 (Chapter 343, AB 469)ê

 

      [4.]3.  Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242, 284, 331, 333, 336, 338 and 341 of NRS [, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive,] and chapter 378 of NRS and all other provisions of law relating to the functions of the divisions of the Department.

      [5.]4.  Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.

      [6.]5.  Has such other powers and duties as are provided by law.

      Sec. 10. NRS 232.2165 is hereby amended to read as follows:

      232.2165  The Administrator of:

      1.  The State Public Works Division;

      2.  The Purchasing Division;

      3.  The Administrative Services Division;

      4.  [The Division of Internal Audits;

      5.]  The Division of Human Resource Management;

      [6.]5.  The Division of Enterprise Information Technology Services;

      [7.]6.  The Division of State Library and Archives;

      [8.]7.  The Office of Grant Procurement, Coordination and Management; and

      [9.]8.  The Fleet Services Division,

Ê of the Department serves at the pleasure of the Director and is in the unclassified service of the State.

      Sec. 11. NRS 232.217 is hereby amended to read as follows:

      232.217  Unless federal law or regulation otherwise requires, the [Chief of the Budget Division and the] Administrator of the:

      1.  State Public Works Division;

      2.  Purchasing Division;

      3.  [Division of Internal Audits;

      4.]  Division of Human Resource Management;

      [5.]4.  Division of Enterprise Information Technology Services;

      [6.]5.  Division of State Library and Archives; and

      [7.]6.  Fleet Services Division,

Ê may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.

      Sec. 12. NRS 232.219 is hereby amended to read as follows:

      232.219  1.  The Department of Administration’s Operating Fund for Administrative Services is hereby created as an internal service fund.

      2.  The operating budget of each of the following entities must include an amount representing that entity’s share of the operating costs of the central accounting function of the Department:

      (a) State Public Works Division;

      (b) [Budget Division;

      (c)] Purchasing Division;

      [(d)] (c) Hearings Division;

      [(e)] (d) Risk Management Division;

      [(f) Division of Internal Audits;

      (g)] (e) Division of Human Resource Management;

      [(h)] (f) Division of Enterprise Information Technology Services;

      [(i)] (g) Division of State Library and Archives; and

      [(j)] (h) Fleet Services Division.

 


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ê2015 Statutes of Nevada, Page 1924 (Chapter 343, AB 469)ê

 

      3.  All money received for the central accounting services of the Department must be deposited in the State Treasury for credit to the Operating Fund.

      4.  All expenses of the central accounting function of the Department must be paid from the Fund as other claims against the State are paid.

      Sec. 13. NRS 232.2195 is hereby amended to read as follows:

      232.2195  The Administrative Services Division shall:

      1.  Furnish fiscal and accounting services to [the] :

      (a) The Director and to each division of the Department; and

      (b) The Office of Finance.

      2.  Advise and assist [the] :

      (a) The Director and each division of the Department in carrying out their functions and responsibilities [.] ; and

      (b) The Office of Finance in carrying out its functions and responsibilities.

      Sec. 14.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 15.  The assets and liabilities of any fund or account transferred from the Director of the Department of Administration to the Director of the Office of Finance are unaffected by the transfer.

      Sec. 16.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used.

      Sec. 17.  This act becomes effective on July 1, 2015.

________

 


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CHAPTER 344, SB 174

Senate Bill No. 174–Senator Hammond

 

CHAPTER 344

 

[Approved: June 4, 2015]

 

AN ACT relating to common-interest communities; revising provisions governing eligibility to be a candidate for or member of the executive board or an officer of a unit-owners’ association; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that, unless a person is appointed by the declarant, a person may not be a member of the executive board or an officer of a unit-owners’ association if the person or certain other persons perform the duties of a community manager for that association. (NRS 116.31034) This bill additionally excludes a person, other than a person appointed by the declarant, from being a candidate for or member of the executive board or an officer of a unit-owners’ association if: (1) the person resides with, is married to or domestic partners with or is related within the third degree of consanguinity to a member of the board or an officer of the association; or (2) the person stands to gain any personal profit or compensation from a matter before the board. The exclusion does not apply: (1) to a person who owns 75 percent or more of the units in an association under certain circumstances; or (2) to a candidate for the executive board if the number of candidates nominated for membership on the executive board is less than or equal to the number of members to be elected. Lastly, this bill provides that if a person is not eligible to be a candidate for or member of the executive board or an officer of an association, the association: (1) must not place the person’s name on the ballot; and (2) must prohibit such a person from serving as a member of the executive board or an officer of the association.

 

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 116.31034 is hereby amended to read as follows:

      116.31034  1.  Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarant’s control, the units’ owners shall elect an executive board of at least three members, all of whom must be units’ owners. The executive board shall elect the officers of the association. Unless the governing documents provide otherwise, the officers of the association are not required to be units’ owners. The members of the executive board and the officers of the association shall take office upon election.

      2.  The term of office of a member of the executive board may not exceed 3 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.

      3.  The governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to:

 


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      (a) Members of the executive board who are appointed by the declarant; and

      (b) Members of the executive board who serve a term of 1 year or less.

      4.  Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each unit’s owner of the unit’s owner’s eligibility to serve as a member of the executive board. Each unit’s owner who is qualified to serve as a member of the executive board may have his or her name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.

      5.  Before the secretary or other officer specified in the bylaws of the association causes notice to be given to each unit’s owner of his or her eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, then the secretary or other officer specified in the bylaws of the association will cause notice to be given to each unit’s owner informing each unit’s owner that:

      (a) The association will not prepare or mail any ballots to units’ owners pursuant to this section and the nominated candidates shall be deemed to be duly elected to the executive board unless:

             (1) A unit’s owner who is qualified to serve on the executive board nominates himself or herself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection; and

             (2) The number of units’ owners who submit such a nomination causes the number of candidates nominated for membership on the executive board to be greater than the number of members to be elected to the executive board.

      (b) Each unit’s owner who is qualified to serve as a member of the executive board may nominate himself or herself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection.

      6.  If the notice described in subsection 5 is given and if, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board, then:

      (a) The association will not prepare or mail any ballots to units’ owners pursuant to this section;

      (b) The nominated candidates shall be deemed to be duly elected to the executive board not later than 30 days after the date of the closing of the period for nominations described in subsection 5; and

      (c) The association shall send to each unit’s owner notification that the candidates nominated have been elected to the executive board.

      7.  If the notice described in subsection 5 is given and if, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association shall:

 


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membership on the executive board is greater than the number of members to be elected to the executive board, then the association shall:

      (a) Prepare and mail ballots to the units’ owners pursuant to this section; and

      (b) Conduct an election for membership on the executive board pursuant to this section.

      8.  Each person who is nominated as a candidate for membership on the executive board pursuant to subsection 4 or 5 must:

      (a) Make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board; and

      (b) Disclose whether the candidate is a member in good standing. For the purposes of this paragraph, a candidate shall not be deemed to be in “good standing” if the candidate has any unpaid and past due assessments or construction penalties that are required to be paid to the association.

Ê The candidate must make all disclosures required pursuant to this subsection in writing to the association with his or her candidacy information. Except as otherwise provided in this subsection, the association shall distribute the disclosures, on behalf of the candidate, to each member of the association with the ballot or, in the event ballots are not prepared and mailed pursuant to subsection 6, in the next regular mailing of the association. The association is not obligated to distribute any disclosure pursuant to this subsection if the disclosure contains information that is believed to be defamatory, libelous or profane.

      9.  [Unless] Except as otherwise provided in subsections 10 and 11, unless a person is appointed by the declarant:

      (a) A person may not be a candidate for or member of the executive board or an officer of the association if [the] :

             (1) The person resides in a unit with, is married to, is domestic partners with, or is related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association;

             (2) The person stands to gain any personal profit or compensation of any kind from a matter before the executive board of the association; or

             (3) The person, the person’s spouse or the person’s parent or child, by blood, marriage or adoption, performs the duties of a community manager for that association.

      (b) A person may not be a candidate for or member of the executive board of a master association or an officer of that master association if the person, the person’s spouse or the person’s parent or child, by blood, marriage or adoption, performs the duties of a community manager for:

             (1) That master association; or

             (2) Any association that is subject to the governing documents of that master association.

      10.  A person, other than a person appointed by the declarant, who owns 75 percent or more of the units in an association may:

      (a) Be a candidate for or member of the executive board or an officer of the association; and

      (b) Reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,

 


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consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,

Ê unless the person owning 75 percent or more of the units in the association and the other person would constitute a majority of the total number of seats on the executive board.

      11.  A person, other than a person appointed by the declarant, may:

      (a) Be a candidate for or member of the executive board; and

      (b) Reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,

Ê if the number of candidates nominated for membership on the executive board is less than or equal to the number of members to be elected to the executive board.

      12.  If a person is not eligible to be a candidate for or member of the executive board or an officer of the association pursuant to any provision of this chapter, the association:

      (a) Must not place his or her name on the ballot; and

      (b) Must prohibit such a person from serving as a member of the executive board or an officer of the association.

      13.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, the person shall file proof in the records of the association that:

      (a) The person is associated with the corporate owner, trust, partnership, limited-liability company or estate as required by this subsection; and

      (b) Identifies the unit or units owned by the corporate owner, trust, partnership, limited-liability company or estate.

      [11.]14.  Except as otherwise provided in subsection 6 or NRS 116.31105, the election of any member of the executive board must be conducted by secret written ballot in the following manner:

      (a) The secretary or other officer specified in the bylaws of the association shall cause a secret ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner.

      (b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

      (c) A quorum is not required for the election of any member of the executive board.

      (d) Only the secret written ballots that are returned to the association may be counted to determine the outcome of the election.

      (e) The secret written ballots must be opened and counted at a meeting of the association. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

      (f) The incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for membership on the executive board may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.

 


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executive board may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.

      [12.]15.  An association shall not adopt any rule or regulation that has the effect of prohibiting or unreasonably interfering with a candidate in the candidate’s campaign for election as a member of the executive board, except that the candidate’s campaign may be limited to 90 days before the date that ballots are required to be returned to the association.

      [13.]16.  A candidate who has submitted a nomination form for election as a member of the executive board may request that the association or its agent either:

      (a) Send before the date of the election and at the association’s expense, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner a candidate informational statement. The candidate informational statement:

             (1) Must be no longer than a single, typed page;

             (2) Must not contain any defamatory, libelous or profane information; and

             (3) May be sent with the secret ballot mailed pursuant to subsection [11] 14 or in a separate mailing; or

      (b) To allow the candidate to communicate campaign material directly to the units’ owners, provide to the candidate, in paper format at a cost not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter, in the format of a compact disc at a cost of not more than $5 or by electronic mail at no cost:

             (1) A list of the mailing address of each unit, which must not include the names of the units’ owners or the name of any tenant of a unit’s owner; or

             (2) If the members of the association are owners of time shares within a time share plan created pursuant to chapter 119A of NRS and:

                   (I) The voting rights of those owners are exercised by delegates or representatives pursuant to NRS 116.31105, the mailing address of the delegates or representatives.

                   (II) The voting rights of those owners are not exercised by delegates or representatives, the mailing address of the association established pursuant to NRS 119A.520. If the mailing address of the association is provided to the candidate pursuant to this sub-subparagraph, the association must send to each owner of a time share within the time share plan the campaign material provided by the candidate. If the campaign material will be sent by mail, the candidate who provides the campaign material must provide to the association a separate copy of the campaign material for each owner and must pay the actual costs of mailing before the campaign material is mailed. If the campaign material will be sent by electronic transmission, the candidate must provide to the association one copy of the campaign material in an electronic format.

Ê The information provided pursuant to this paragraph must not include the name of any unit’s owner or any tenant of a unit’s owner. If a candidate who makes a request for the information described in this paragraph fails or refuses to provide a written statement signed by the candidate which states that the candidate is making the request to allow the candidate to communicate campaign material directly to units’ owners and that the candidate will not use the information for any other purpose, the association or its agent may refuse the request.

 


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communicate campaign material directly to units’ owners and that the candidate will not use the information for any other purpose, the association or its agent may refuse the request.

      [14.]17.  An association and its directors, officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to subsection [13.

      15.] 16.

      18. Each member of the executive board shall, within 90 days after his or her appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that the member has read and understands the governing documents of the association and the provisions of this chapter to the best of his or her ability. The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116.31158.

________

CHAPTER 345, SB 223

Senate Bill No. 223–Committee on Commerce, Labor and Energy

 

CHAPTER 345

 

[Approved: June 4, 2015]

 

AN ACT relating to contractors; revising provisions relating to the liability of a prime contractor for indebtedness incurred by a subcontractor for labor costs; revising provisions governing the statute of limitations to bring an action against a prime contractor for the recovery of wages or benefits due to an employee of a subcontractor; revising provisions relating to mechanics’ and materialmen’s lien claimants; requiring an administrator of a Taft-Hartley trust that does not receive a benefit payment required to be made to the trust by a contractor or subcontractor to provide notice to the contractor and subcontractor that the benefit payment has not been received; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes an original contractor liable for any indebtedness incurred by a subcontractor for labor costs, including benefits payable to a trust established by a collective bargaining unit. (NRS 608.150) Sections 1 and 3 of this bill provide that a prime contractor is not liable for the labor costs of a subcontractor to the extent those costs are: (1) interest, liquidated damages, attorney’s fees or costs resulting from a subcontractor’s failure to pay contributions or other payments to, or on behalf of, an employee; or (2) any amounts for which the prime contractor did not receive adequate notice in the manner that section 5 of this bill requires. Section 2 of this bill reduces the statute of limitations period applicable to commencing an action against a prime contractor for the recovery of wages or benefits due to an employee of a subcontractor.

 

 


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ê2015 Statutes of Nevada, Page 1931 (Chapter 345, SB 223)ê

 

      Existing law also provides that a mechanics’ or materialmen’s lien claimant must provide a notice of right to lien to an owner of property upon which work has been performed unless the claimant is a person who only performed labor on the project. (NRS 108.245) Section 4 of this bill requires a prime contractor or subcontractor who participates in a health or welfare fund, or other plan for the benefit of employees, to provide to the fund or plan notice of the name and location of the project upon the commencement of work on a project. In addition, section 4 excludes from the exemption to the notice provisions of NRS 108.245 an express benefit trust which receives a portion of the compensation paid to a laborer.

      Section 5 requires an administrator of a Taft-Hartley trust that does not receive a benefit payment required to be made to the trust by a general contractor or subcontractor, within 75 days after the required payment is deemed delinquent, to provide notice to the general contractor and subcontractor that the benefit payment has not been received.

 

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 608.150 is hereby amended to read as follows:

      608.150  1.  [Every original] Except as otherwise provided in subsections 2 and 3, every prime contractor making or taking any contract in this State for the erection, construction, alteration or repair of any building or structure, or other work [,] of improvement, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the [original] prime contractor in performing any labor, construction or other work included in the subject of the [original] prime contract, for labor, and for the requirements imposed by chapters 616A to 617, inclusive, of NRS.

      2.  The provisions of subsection 1 do not require a prime contractor to assume or be liable for any liability of a subcontractor or other contractor for any penalty, including, without limitation, interest, liquidated damages, attorney’s fees or costs for the failure of the subcontractor or other contractor to make any contributions or other payments under any other law or agreement, including, without limitation, to a health or welfare fund or any other plan for the benefit of employees in accordance with a collective bargaining agreement.

      3.  The provisions of subsection 1 do not require a prime contractor to assume or be liable for any liability of a subcontractor or other contractor for any amount for which the prime contractor did not receive proper notice in accordance with section 5 of this act.

      4.  It is unlawful for any prime contractor [or any other person] to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.

      [3.] 5.  The district attorney of any county wherein the defendant may reside or be found shall institute civil proceedings against any such [original] prime contractor failing to comply with the provisions of this section in a civil action for the amount of all wages and [damage] benefits that may be owing or have accrued as a result of the failure of any subcontractor acting under the [original] prime contractor, and any property of the [original] prime contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.

 


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prime contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.

      6.  As used in this section, “prime contractor” has the meaning ascribed to it in NRS 108.22164.

      Sec. 2. NRS 11.209 is hereby amended to read as follows:

      11.209  1.  No action against a [principal] prime contractor for the recovery of wages due an employee of a subcontractor or contributions or premiums required to be made or paid on account of the employee may be commenced more than [:

      (a) Two years, if the principal contractor is located in Nevada; or

      (b) Three years, if the principal contractor is located outside this state,

Ê] 1 year after the date the employee should have received those wages from or those contributions or premiums should have been made or paid by the subcontractor.

      2.  No action against a [principal] prime contractor for the recovery of benefits due an employee of a subcontractor may be commenced more than [:

      (a) Three years, if the principal contractor is located in Nevada; or

      (b) Four years, if the principal contractor is located outside this state,

Ê] 1 year after the date the employee should have received those benefits from the subcontractor.

      3.  As used in this section, “prime contractor” has the meaning ascribed to it in NRS 108.22164.

      Sec. 3. NRS 108.2214 is hereby amended to read as follows:

      108.2214  1.  “Lien claimant” means any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement.

      2.  As used in this section, “laborer” includes, without limitation, an express trust fund to which any portion of the total compensation of a laborer, including [, without limitation,] any fringe benefit, must be paid pursuant to an agreement with that laborer or the collective bargaining agent of that laborer. For the purposes of this subsection, “fringe benefit” does not include any interest, liquidated damages, attorney’s fees, costs or other penalties that may be incurred by the employer of the laborer for failure to pay any such compensation under any law or contract.

      Sec. 4. NRS 108.245 is hereby amended to read as follows:

      108.245  1.  Except as otherwise provided in subsection 5, every lien claimant, other than one who performs only labor, who claims the benefit of NRS 108.221 to 108.246, inclusive, shall, at any time after the first delivery of material or performance of work or services under a contract, deliver in person or by certified mail to the owner of the property a notice of right to lien in substantially the following form:

 


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ê2015 Statutes of Nevada, Page 1933 (Chapter 345, SB 223)ê

 

NOTICE OF RIGHT TO LIEN

To: ...........................................................

       (Owner’s name and address)

 

       The undersigned notifies you that he or she has supplied materials or equipment or performed work or services as follows:

 

     .................................................................................................................

(General description of materials, equipment, work or services)

for improvement of property identified as (property description or street address) under contract with (general contractor or subcontractor). This is not a notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, record a notice of lien as provided by law against the property if the undersigned is not paid.

 

                                                                                                                            

                                                                                (Claimant)

 

A subcontractor or equipment or material supplier who gives such a notice must also deliver in person or send by certified mail a copy of the notice to the prime contractor for information only. The failure by a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings against the subcontractor under chapter 624 of NRS but does not invalidate the notice to the owner.

 

      2.  Such a notice does not constitute a lien or give actual or constructive notice of a lien for any purpose.

      3.  No lien for materials or equipment furnished or for work or services performed, except labor, may be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, unless the notice has been given.

      4.  The notice need not be verified, sworn to or acknowledged.

      5.  A prime contractor or other person who contracts directly with an owner or sells materials directly to an owner is not required to give notice pursuant to this section.

      6.  A lien claimant who is required by this section to give a notice of right to lien to an owner and who gives such a notice has a right to lien for materials or equipment furnished or for work or services performed in the 31 days before the date the notice of right to lien is given and for the materials or equipment furnished or for work or services performed anytime thereafter until the completion of the work of improvement.

      7.  Upon commencement of work on a project, any prime contractor or subcontractor participating in a health or welfare fund or any other plan for the benefit of employees is required to notify such fund or plan of the name and location of the project so that the fund or plan may protect potential lien rights under NRS 108.221 to 108.246, inclusive.

 

 

 


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      8.  As used in this section, “one who performs only labor” does not include an express trust fund to which any portion of the total compensation of a laborer, including, without limitation, any fringe benefit, must be paid pursuant to an agreement with that laborer or the collective bargaining agent of that laborer.

      Sec. 5. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If an administrator of a Taft-Hartley trust which is formed pursuant to 29 U.S.C. § 186(c)(5) does not receive a benefit payment owed to the trust within 60 days after the date on which the payment is deemed delinquent, the administrator shall provide a notice of the delinquency to the general contractor and, if applicable, the subcontractor, who is responsible for the benefit payment. The notice of delinquency must be provided in the manner set forth in subsections 2, 3 and 4.

      2.  The notice required pursuant to subsection 1 must be given to the general contractor and, if applicable, the subcontractor, who is responsible for the delinquent benefit payment, within 15 days after the expiration of the 60-day period described in subsection 1.

      3.  The notice required pursuant to subsection 1 must be given to the general contractor and, if applicable, the subcontractor, who is responsible for the delinquent benefit payment, by electronic mail, telephone and:

      (a) Personal delivery; or

      (b) Registered or certified mail, return receipt requested, to the last known address of the general contractor and, if applicable, the subcontractor.

      4.  The notice required pursuant to subsection 1 must include, without limitation:

      (a) The amount owed;

      (b) The name and address of the general contractor and, if applicable, the subcontractor, who is responsible for the delinquent benefit payment; and

      (c) A demand for full payment of the amount not paid.

      5.  For the purposes of this section, “general contractor” includes a prime contractor.

      Sec. 6. (Deleted by amendment.)

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CHAPTER 346, SB 225

Senate Bill No. 225–Senators Farley, Hardy, Harris, Gustavson, Atkinson; Goicoechea and Settelmeyer

                                                                                 

CHAPTER 346

 

[Approved: June 4, 2015]

 

AN ACT relating to crimes; prohibiting a person from selling, distributing or offering to sell vapor products and alternative nicotine products to any child under the age of 18 years; requiring the owner of a retail establishment to display a notice containing certain information whenever vapor products or alternative nicotine products are being sold or offered for sale at the establishment; requiring the Attorney General to conduct inspections at locations where vapor products or alternative nicotine products are sold, distributed or offered for sale as necessary to comply with any applicable federal law; imposing certain fines; providing a civil penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from selling, distributing or offering to sell cigarettes or smokeless products made or derived from tobacco in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. (NRS 202.2493) Section 2 of this bill applies such a prohibition to alternative nicotine products. Section 2 also defines the term “smokeless product made or derived from tobacco.”

      Existing law also prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper, tobacco or products made or derived from tobacco to any child under the age of 18 years. A person who violates such a provision must pay a fine of not more than $500 and a civil penalty of not more than $500. (NRS 202.2493) Section 2 prohibits a person from selling, distributing or offering to sell vapor products or alternative nicotine products to any child under the age of 18 years, and requires a person who violates such a provision to pay the same fine and civil penalty.

      Existing law further requires the owner of a retail establishment to display a notice containing information relating to the prohibition against selling cigarettes and other tobacco products to minors whenever any product made or derived from tobacco is being sold or offered for sale at the establishment. A person who violates such a provision must pay a fine of not more than $100. (NRS 202.2493) Section 2 requires the owner of a retail establishment to display a notice containing information relating to the prohibition against selling vapor products and alternative nicotine products to minors whenever vapor products or alternative nicotine products are being sold or offered for sale at the establishment, and requires a person who violates such a provision to pay the same fine.

      Additionally, existing law requires the Attorney General, as necessary to comply with applicable federal law, to conduct random, unannounced inspections at locations where tobacco and products made or derived from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with certain provisions of law, including the prohibition against selling such products to a child under the age of 18 years. (NRS 202.2493, 202.2496) Section 3 of this bill requires the Attorney General, as necessary to comply with any applicable federal law, to conduct such an inspection at locations where vapor products or alternative nicotine products are sold, distributed or offered for sale to inspect for and enforce compliance with certain provisions of law relating to the prohibition against selling vapor products and alternative nicotine products to a child under the age of 18 years, as set forth in section 2.

      Section 1 of this bill defines the terms “vapor product” and “alternative nicotine product” for the purposes of sections 2 and 3.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 202.2485 is hereby amended to read as follows:

      202.2485  As used in NRS 202.2485 to 202.2497, inclusive:

      1.  “Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. The term does not include:

      (a) A vapor product;

      (b) A product made or derived from tobacco; or

      (c) Any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

      2.  “Distribute” includes furnishing, giving away or providing products made or derived from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.

      [2.]3.  “Health authority” means the district health officer in a district, or his or her designee, or, if none, the Chief Medical Officer, or his or her designee.

      [3.] 4.  “Product made or derived from tobacco” does not include any product regulated by the United States Food and Drug Administration pursuant to [Chapter] Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

      5.  “Vapor product”:

      (a) Means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine in a solution or other form.

      (b) Includes, without limitation:

             (1) An electronic cigarette, cigar, cigarillo or pipe or a similar product or device; and

             (2) A vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo or pipe or a similar product or device.

      (c) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

      Sec. 2. NRS 202.2493 is hereby amended to read as follows:

      202.2493  1.  A person shall not sell, distribute or offer to sell cigarettes , [or] any smokeless [products] product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100. As used in this subsection, “smokeless product made or derived from tobacco” means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity.

 


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      2.  Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description , [or] products made or derived from tobacco , vapor products or alternative nicotine products to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.

      3.  A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description , [or] products made or derived from tobacco, vapor products or alternative nicotine products, the person:

      (a) Demands that the other person present a valid driver’s license or other written or documentary evidence which shows that the other person is 18 years of age or older;

      (b) Is presented a valid driver’s license or other written or documentary evidence which shows that the other person is 18 years of age or older; and

      (c) Reasonably relies upon the driver’s license or written or documentary evidence presented by the other person.

      4.  The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco , [or] products made or derived from tobacco , vapor products or alternative nicotine products, in the course of the child’s lawful employment, provide tobacco , [or] products made or derived from tobacco , vapor products or alternative nicotine products to the child.

      5.  With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if the owner:

      (a) Had no actual knowledge of the sale; and

      (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.

      6.  The owner of a retail establishment shall, whenever any product made or derived from tobacco , vapor product or alternative nicotine product is being sold or offered for sale at the establishment, display prominently at the point of sale:

      (a) A notice indicating that:

             (1) The sale of cigarettes , [and] other tobacco products , vapor products and alternative nicotine products to minors is prohibited by law; and

             (2) The retailer may ask for proof of age to comply with this prohibition; and

      (b) At least one sign that complies with the requirements of NRS 442.340.

Ê A person who violates this subsection shall be punished by a fine of not more than $100.

      7.  It is unlawful for any retailer to sell cigarettes through the use of any type of display:

      (a) Which contains cigarettes and is located in any area to which customers are allowed access; and

      (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,

 


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Ê except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.

      8.  Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.

      Sec. 3. NRS 202.2496 is hereby amended to read as follows:

      202.2496  1.  As necessary to comply with any applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco , [and] products made or derived from tobacco , vapor products and alternative nicotine products are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494 [.] , as applicable. For assistance in conducting any such inspection, the Attorney General may contract with:

      (a) Any sheriff’s department;

      (b) Any police department; or

      (c) Any other person who will, in the opinion of the Attorney General, perform the inspection in a fair and impartial manner.

      2.  If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child’s parent for such assistance.

      3.  A child assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age and that he or she is under 18 years of age.

      4.  If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:

      (a) Refrain from altering or attempting to alter the child’s appearance to make the child appear to be 18 years of age or older.

      (b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.

      5.  The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:

      (a) Inform a representative of the business establishment from which the child attempted to purchase tobacco , [or] products made or derived from tobacco , vapor products or alternative nicotine products that an inspection has been performed and the results of that inspection.

      (b) Prepare a report regarding the inspection. The report must include the following information:

             (1) The name of the person who supervised the inspection and that person’s position;

             (2) The age and date of birth of the child who assisted in the inspection;

             (3) The name and position of the person from whom the child attempted to purchase tobacco , [or] products made or derived from tobacco [;] , vapor products or alternative nicotine products;

             (4) The name and address of the establishment at which the child attempted to purchase tobacco , [or] products made or derived from tobacco [;] , vapor products or alternative nicotine products;

             (5) The date and time of the inspection; and

 


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             (6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco , [or] products made or derived from tobacco , vapor products or alternative nicotine products to the child.

      6.  No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.

________

CHAPTER 347, SB 229

Senate Bill No. 229–Senators Gustavson; Manendo, Roberson and Settelmeyer

 

Joint Sponsors: Assemblymen Hansen, Silberkraus, Seaman, Wheeler, Fiore; Dickman, Ellison, Gardner and Jones

 

CHAPTER 347

 

[Approved: June 4, 2015]

 

AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating support for the rights guaranteed by the Second Amendment to the United States Constitution; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill provides for the issuance of special license plates indicating support for the rights guaranteed by the Second Amendment to the United States Constitution. The fees generated by such special license plates that are in addition to all other applicable registration and license fees and governmental services taxes are required to be deposited with the State Treasurer, who must, on a quarterly basis, distribute the fees to the Nevada Firearms Coalition or its successor for use solely to provide or pay for firearm training or firearm safety education. These special license plates must be approved by the Commission on Special License Plates and, after such approval, will not be issued until one of the 30 design slots for such special license plates becomes available. (NRS 482.367004, 482.367008, 482.36705) Sections 2-9 of this bill make conforming changes to various sections referring to such special license plates. This bill does not require, as a prerequisite to design, preparation and issuance, that such special license plates receive a minimum number of applications, but does require that a surety bond be posted with the Department of Motor Vehicles.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the Department, in cooperation with the Nevada Firearms Coalition or its successor, shall design, prepare and issue license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution, using any colors that the Department deems appropriate.

 


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rights guaranteed by the Second Amendment to the United States Constitution, using any colors that the Department deems appropriate.

      2.  The Department shall not design, prepare or issue the license plates described in subsection 1 unless:

      (a) The Commission on Special License Plates recommends to the Department that the Department approve the design, preparation and issuance of those plates as described in NRS 482.367004; and

      (b) A surety bond in the amount of $5,000 is posted with the Department.

      3.  If the conditions set forth in subsection 2 are met, the Department shall issue license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution pursuant to subsections 4 and 5.

      4.  The fee for license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      5.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Nevada Firearms Coalition or its successor for use only to provide or pay for firearm training or firearm safety education.

      7.  The Department must promptly release the surety bond that is required to be posted pursuant to paragraph (b) of subsection 2:

      (a) If the Department, based upon the recommendation of the Commission on Special License Plates, determines not to issue the special license plate; or

      (b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      8.  The provisions of paragraph (a) of subsection 1 of NRS 482.36705 do not apply to license plates described in this section.

 


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      9.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 2. NRS 482.2065 is hereby amended to read as follows:

      482.2065  1.  A trailer may be registered for a 3-year period as provided in this section.

      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 3. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

 


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      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 4. NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

 


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      Sec. 5. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act.

      Sec. 6. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945 [;] or section 1 of this act; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

 


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      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

 


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      Sec. 7. NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, and full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section:

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The term includes the successor, if any, of a charitable organization.

 


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      Sec. 8. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, no refund may be allowed by the Department.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

 


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license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040 and subsection 7 of NRS 482.260, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall, in accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 9. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration............................................................ $5.00

For every substitute number plate or set of plates............................. 5.00

For every duplicate number plate or set of plates........................... 10.00

For every decal displaying a county name........................................... .50

For every other indicator, decal, license plate sticker or tab............ 5.00

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.376, inclusive, and section 1 of this act or 482.379 to 482.3818, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

 


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      4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

________

CHAPTER 348, SB 286

Senate Bill No. 286–Senator Brower

 

CHAPTER 348

 

[Approved: June 4, 2015]

 

AN ACT relating to decedents; authorizing the Nevada Funeral and Cemetery Services Board to issue permits for the operation of direct cremation facilities and licenses to natural persons to engage in business as a funeral arranger; establishing certain provisions related to the operation and advertisement of direct cremation facilities; prohibiting a person from selling or offering to sell cremation services via the Internet unless the person owns a funeral establishment, crematory or direct cremation facility located in this State; requiring applicants for licenses, permits or certificates to submit fingerprints to the Board; establishing a continuing education requirement for funeral directors and embalmers; requiring certain applicants for a funeral director’s license to have at least 1 year of active practice as a funeral arranger; standardizing at 2 years the duration of most licenses and permits issued by the Board; revising the priority of persons who are authorized to order the burial or cremation of a decedent; providing that a person who is arrested for or charged with murder or voluntary manslaughter may not act as the person authorized to order the burial or cremation of the decedent who the person is accused of killing; requiring an operator of a crematory to ensure that any person operating crematory equipment has completed a crematory certification program; repealing certain provisions related to the provision of funeral and crematory services; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Nevada Funeral and Cemetery Services Board and grants the Board authority to issue licenses, permits and certifications to cemeteries, crematories, funeral establishments, funeral directors, embalmers and persons engaged in direct cremations or immediate burials. (Chapters 451, 452 and 642 of NRS)

      Sections 4 and 5 of this bill require a person to obtain, and authorize the Board to issue, a permit for the operation of a direct cremation facility. Section 5.5 of this bill prohibits a person from selling or offering to sell cremation services via the Internet unless the person owns a funeral establishment, crematory or direct cremation facility located within this State. Sections 6 and 7 of this bill require a person to obtain, and authorize the Board to issue, a license to engage in business as a funeral arranger. Section 8 of this bill requires all applicants for a license, permit or certificate issued by the Board to submit fingerprints and written authorization allowing the Board to conduct a criminal background check on the applicant. Section 9 of this bill establishes a continuing education requirement for licensed funeral directors and embalmers.

 


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      Existing law requires a holder of a license, permit or certificate issued by the Board to comply with certain federal regulations governing funeral industry practices (16 C.F.R. Part 453). (NRS 642.019) Section 14 of this bill adds the requirement that such a licensee, permittee or certificate holder also complies with the requirements of the federal Occupational Safety and Health Administration of the United States Department of Labor.

      Existing law requires an investigator hired by the Board to investigate an alleged violation of chapter 451, 452 or 642 of NRS to report his or her findings to the Attorney General and further requires the Attorney General to take certain actions after receiving the report. (NRS 642.0677) Section 20 of this bill modifies the responsibilities of the Attorney General in this regard.

      Under existing law, most licenses and permits issued by the Board have a duration of 1 year. (NRS 642.069, 642.090, 642.120, 642.300, 642.420, 642.435; NAC 642.100, 642.110, 642.120) Section 20.5 of this bill, with the exception of an embalmer’s apprentice and an initial certificate to operate a cemetery, standardizes the licenses, permits and certificates issued by the Board at a duration of 2 years, to commence on January 1 of each even-numbered year.

      Section 32 of this bill requires an applicant for a funeral director’s license whose application is submitted on or after January 1, 2016, to demonstrate completion of 1 year of active practice as a funeral arranger in this State. This requirement can be waived by the Board if the applicant holds a license as a funeral director in another state. Section 43 of this bill establishes certain requirements relating to the operation of direct cremation facilities. Section 46 of this bill adds unethical practices contrary to the public interest to the list of acts constituting unprofessional conduct of a licensee, permittee or holder of a certificate for which disciplinary action may be taken by the Board. Section 47 of this bill requires a direct cremation facility to indicate in any advertising the limited nature of the services that such a facility offers. Section 47 also prohibits any funeral establishment or direct cremation facility from advertising under any name other than the name indicated on the operating permit.

      Existing law provides a listing of certain persons who may order the burial or cremation of a decedent and provides an order of priority for such persons. (NRS 451.024, 451.650) Section 54 of this bill adds cremation to NRS 451.024, thereby consolidating the provisions of NRS 451.024 with NRS 451.650. In addition, section 54 provides that a person who is arrested for or charged with the murder or voluntary manslaughter of a decedent is not authorized to order the burial or cremation of that decedent. Sections 54 and 57 of this bill also add certain provisions relating to the priority of persons authorized to order the burial or cremation of a decedent.

      Section 55 of this bill requires operators of a crematory to ensure that any person operating crematory equipment has completed a crematory certification program approved by the Board. Section 63 of this bill repeals various sections of chapters 451 and 642 of NRS including a section requiring a license to conduct direct cremations or immediate burials and the aforementioned NRS 451.650, which was consolidated with NRS 451.024.

 

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 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  “Funeral arranger” means any person employed by a funeral establishment or direct cremation facility who meets with families, or other persons authorized pursuant to NRS 451.024 to order the disposition of human remains of a deceased person, to plan funeral services for a decedent.

 


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      Sec. 3.  “Direct cremation facility” means a place of business conducted at a specific street address or location devoted to direct cremations.

      Sec. 4.  1.  The owner of a direct cremation facility located in this State shall not operate or allow another person to operate the facility unless the owner holds a valid permit issued by the Board to operate the direct cremation facility.

      2.  If a person owns more than one direct cremation facility, the person must submit an application and obtain a permit for the operation of each direct cremation facility that he or she owns that is located in this State.

      Sec. 5.  1.  An application for a permit to operate a direct cremation facility must be submitted to the Executive Director of the Board, on a form and in a manner prescribed by the Board.

      2.  Each applicant for a permit to operate a direct cremation facility must:

      (a) Be at least 18 years of age; and

      (b) Be of good moral character.

      3.  Each application must be accompanied by the application fee prescribed in NRS 642.0696.

      4.  The Board may conduct a physical inspection of a direct cremation facility before, and as a condition of, the issuance of a permit to operate a direct cremation facility.

      Sec. 5.5. A person shall not sell or offer to sell cremation services within this State via the Internet unless the person owns a funeral establishment, crematory or direct cremation facility located within this State and is licensed pursuant to this chapter or chapter 451 of NRS.

      Sec. 6.  1.  A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the business of a funeral arranger unless the person is licensed as a funeral arranger by the Board.

      2.  The business of a funeral arranger must be conducted and engaged in at a funeral establishment or a direct cremation facility.

      3.  A person holding a valid license as a funeral director or embalmer in this State is not required to be licensed as a funeral arranger pursuant to this section.

      Sec. 7.  1.  An application for a license as a funeral arranger must be submitted to the Executive Director of the Board on a form and in a manner prescribed by the Board.

      2.  Each applicant for a license as a funeral arranger must:

      (a) Be at least 18 years of age; and

      (b) Be of good moral character.

      3.  Each applicant for a license as a funeral arranger must, before being issued a license, pass an examination, prescribed by the Board, on the following subjects:

      (a) The laws governing the preparation, burial and disposal of dead human bodies and the shipment of bodies of persons who have died from infectious or contagious diseases;

      (b) Local health and sanitary ordinances and regulations relating to funeral practices;

      (c) Federal regulations governing funeral practices; and

      (d) The laws and regulations of this State relating to funeral practices.

 


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      4.  Each application for a license as a funeral arranger must be accompanied by the application fee and the examination fee prescribed in NRS 642.0696.

      Sec. 8.  An applicant for any license, permit or certificate issued by the Board must submit as part of his or her application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      Sec. 9.  1.  A person licensed as a funeral director or embalmer must complete 12 hours of continuing education in a field relevant to the funeral industry before renewal of his or her license and maintain proof of completion of those hours for a period of 5 years.

      2.  A person licensed as both a funeral director and embalmer must complete a combined total of 12 hours of continuing education courses to renew both licenses.

      3.  The Board may request proof of completion of the continuing education required pursuant to this section before renewing a license as a funeral director or embalmer.

      Sec. 10. NRS 642.005 is hereby amended to read as follows:

      642.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 642.010 to 642.0175, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 11. NRS 642.014 is hereby amended to read as follows:

      642.014  “Disposition” means the immediate disposing of a dead human body or the immediate transporting of a dead human body to the care of a funeral establishment, direct cremation facility, responsible third party or the immediate family for direct cremation or burial.

      Sec. 12. NRS 642.015 is hereby amended to read as follows:

      642.015  1.  “Funeral director” means a person engaged in, conducting the business of or holding himself or herself out as engaged in:

      (a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial , cremation or disposal, or directing and supervising the burial , cremation or disposal of dead human bodies.

      (b) Directing, supervising or contracting to direct or supervise funerals.

      (c) The business of a funeral director by using the words “funeral director,” “mortician” or any other title implying that the person is engaged in the business of funeral directing.

      2.  The term does not include:

      (a) A licensed embalmer [or] , a funeral arranger or a person whose duties are limited to conducting direct cremations or immediate burials.

      (b) An owner of a funeral establishment or direct cremation facility, unless the owner engages in any activity described in subsection 1.

      Sec. 13. NRS 642.016 is hereby amended to read as follows:

      642.016  “Funeral establishment” means a place of business conducted at a specific street address or location devoted to the care and preparation for burial , cremation or transportation of dead human bodies, consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, [containing] having access to necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation and having a display room containing an inventory of funeral caskets.

 


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for the preparation and embalming of dead human bodies for burial or transportation and having a display room containing an inventory of funeral caskets.

      Sec. 14. NRS 642.019 is hereby amended to read as follows:

      642.019  Each holder of a license, permit or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS shall comply with the provisions of Part 453 of Title 16 of the Code of Federal Regulations [.] and the requirements of the Occupational Safety and Health Administration of the United States Department of Labor.

      Sec. 15. NRS 642.0195 is hereby amended to read as follows:

      642.0195  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license [to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer] , permit or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license [to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer] , permit or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license , permit or certificate ; [of registration;] or

      (b) A separate form prescribed by the Board.

      3.  A license , permit or certificate [of registration] described in subsection 1 may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 16. NRS 642.020 is hereby amended to read as follows:

      642.020  1.  The Nevada Funeral and Cemetery Services Board, consisting of seven members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

 


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      (a) Two members who are actively engaged as a funeral director or embalmer.

      (b) One member who is actively engaged as an operator of a cemetery.

      (c) One member who is actively engaged in the operation of a crematory [.] or direct cremation facility.

      (d) Three members who are representatives of the general public.

      3.  No member of the Board who is a representative of the general public may:

      (a) Be the holder of a license , permit or certificate issued by the Board or be an applicant or former applicant for such a license , permit or certificate.

      (b) Be related within the third degree of consanguinity or affinity to the holder of a license , permit or certificate issued by the Board.

      (c) Be employed by the holder of a license , permit or certificate issued by the Board.

      4.  After the initial terms, members of the Board serve terms of 4 years, except when appointed to fill unexpired terms.

      5.  The Chair of the Board must be chosen from the members of the Board who are representatives of the general public.

      Sec. 17. NRS 642.040 is hereby amended to read as follows:

      642.040  1.  The members of the Board shall have the power to select from their number a [President,] Chair, a Secretary and a Treasurer.

      2.  The Secretary shall keep:

      (a) A record of all the meetings of the Board.

      (b) A register of the names, residence addresses and business addresses of all [embalmers] persons duly licensed under the provisions of this chapter, and the numbers and dates of licenses. The register shall be open to public examination at all reasonable times. [A copy of the register shall be furnished to all those registered and to the various railroad, transportation and express companies doing business in the State of Nevada.

      3.  The Treasurer shall give a bond, to be approved by the Board, in the sum of $500 for the honest and faithful discharge of his or her duties.]

      Sec. 18. NRS 642.066 is hereby amended to read as follows:

      642.066  1.  The Board may publish a guide for persons who purchase services provided by cemeteries, crematories , direct cremation facilities and funeral establishments. The guide [must] may contain:

      (a) A list of the name and address of each cemetery, crematory , direct cremation facility and funeral establishment located in the State.

      (b) A list of the services and the price for each service provided by each cemetery, crematory , direct cremation facility and funeral establishment in this State.

      (c) The procedure for filing a complaint with the Board concerning services provided by a cemetery, crematory , direct cremation facility or funeral establishment.

      (d) Any other information which the Board deems appropriate and useful to the public.

      2.  If the Board publishes a guide, it shall:

      (a) Maintain the guide by republishing it with revised information [at least once each year.] as it deems necessary.

      (b) Distribute the guide and the information contained in the guide in any manner it deems appropriate.

 


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      Sec. 19. NRS 642.067 is hereby amended to read as follows:

      642.067  The Board shall employ an inspector to aid in the enforcement of this chapter and chapters 451 and 452 of NRS and the regulations adopted pursuant thereto, whose compensation and expenses must be paid out of the fees collected by the Board. The inspector shall, at least once every 2 years and at the direction of the Board, conduct an inspection of every premises in this State at which the business of funeral directing or funeral arranging is conducted , or direct cremation or embalming is practiced. A member of the Board shall not conduct any such inspection.

      Sec. 20. NRS 642.0677 is hereby amended to read as follows:

      642.0677  1.  A member of the Board’s staff who is designated by the Board may investigate an alleged violation of any provision of this chapter or chapter 451 or 452 of NRS, any regulation adopted pursuant thereto or any order of the Board.

      2.  The designated member of the Board’s staff shall report his or her findings to the Attorney General, who shall [:] recommend:

      (a) [Dismiss] Dismissing the investigation;

      (b) [Proceed] Proceeding in accordance with the provisions of this chapter or chapter 451 or 452 of NRS, as appropriate, and chapter 233B of NRS; or

      (c) [Investigate] Investigating the matter further before acting pursuant to paragraph (a) or (b).

      Sec. 20.5. NRS 642.069 is hereby amended to read as follows:

      642.069  1.  The Board shall charge and collect [an annual] a biennial fee from each holder of a license or certificate issued by the Board pursuant to chapter 451 or 452 of NRS.

      2.  The Board shall adopt regulations which establish the [annual] biennial fee in an amount that is sufficient in the aggregate, together with the fees received from applicants during the previous [year,] biennium, to defray the Board’s necessary expenses in performing its duties pursuant to chapters 451 and 452 of NRS.

      3.  Except as otherwise provided in NRS 452.340, 642.300, 642.350 and 642.450, any license, permit or certificate issued or renewed by the Board pursuant to this chapter or chapters 451 and 452 of NRS must be renewed on a biennial basis on January 1 of each even-numbered year in accordance with the applicable provisions of this chapter or chapters 451 or 452 of NRS.

      Sec. 21. NRS 642.070 is hereby amended to read as follows:

      642.070  All fees collected under the provisions of this chapter and chapters 451 and 452 of NRS must be paid to the [Treasurer of the] Board to be used to defray the necessary expenses of the Board. The [Treasurer] Board shall deposit the fees in banks, credit unions or savings and loan associations in the State of Nevada.

      Sec. 21.5. NRS 642.080 is hereby amended to read as follows:

      642.080  Except as otherwise provided in NRS 642.100, an applicant for a license to practice the profession of embalming in the State of Nevada shall:

      1.  Have attained the age of 18 years.

      2.  Be of good moral character.

 


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      3.  Be a high school graduate and have completed 2 academic years of instruction by taking 60 semester or 90 quarter hours at an accredited college or university. Credits earned at an embalming college or school of mortuary science do not fulfill this requirement.

      4.  Have completed 12 full months of instruction in an embalming college or school of mortuary science which is accredited by the [International Conference of Funeral Service Examining Boards] American Board of Funeral Service Education and approved by the Board, and have not less than 1 year’s practical experience under the supervision of an embalmer licensed in the State of Nevada.

      5.  Have actually embalmed at least 50 bodies under the supervision of a licensed embalmer prior to the date of application.

      6.  Present to the Board affidavits of at least two reputable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character.

      Sec. 22. NRS 642.090 is hereby amended to read as follows:

      642.090  1.  Every person who wishes to practice the profession of embalming [must appear before the Board and] must be examined in the knowledge of the subjects set forth in subsection 5.

      2.  If a person is a registered apprentice, the person must fulfill the requirements of NRS 642.310 and 642.330 before the person may take the examination.

      3.  If a person is not a registered apprentice, the person must pay the examination fee prescribed in NRS 642.0696 before the person may take the examination.

      4.  Examinations must be in writing, and the Board may require actual demonstration on a cadaver. An applicant who has passed the national examination given by the International Conference of Funeral Service Examining Boards is not required to take any portion of the examination set forth in subsection 5 that repeats or duplicates a portion of the national examination. All examination [papers] scores must be kept on record by the Board.

      5.  The members of the Board shall examine applicants for licenses in the following subjects:

      (a) Anatomy, sanitary science and signs of death.

      (b) Care, disinfection, preservation, transportation of and burial or other final disposition of dead bodies.

      (c) The manner in which death may be determined.

      (d) The prevention of the spread of infectious and contagious diseases.

      (e) Chemistry, including toxicology.

      (f) Restorative art, including plastic surgery and derma surgery.

      (g) The laws and regulations of this State relating to funeral directing , funeral arranging and embalming.

      (h) Regulations of the State Board of Health relating to infectious diseases and quarantine.

      (i) Any other subject which the Board may determine by regulation to be necessary or proper to prove the efficiency and qualification of the applicant.

      6.  If an applicant fulfills the requirements set forth in this chapter to be licensed to practice the profession of embalming, has passed the examination required by this chapter and has paid all fees related to the application and the examination, the Board shall issue to the applicant a license to practice the profession of embalming . [for 1 year.]

 


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      Sec. 22.5. NRS 642.100 is hereby amended to read as follows:

      642.100  Reciprocity may be arranged by the Board if an applicant:

      1.  Is a graduate of an embalming college or a school of mortuary science which is accredited by the [International Conference of Funeral Service Examining Boards] American Board of Funeral Service Education and approved by the Board;

      2.  Is licensed as an embalmer in another state;

      3.  Has practiced embalming successfully for at least 5 years and practiced actively for 2 years immediately preceding the application for a license by reciprocity;

      4.  Is of good moral character;

      5.  Has passed the examination given by the Board on the subjects set forth in subsection 5 of NRS 642.090 or the national examination given by the International Conference of Funeral Service Examining Boards;

      6.  Possesses knowledge of the applicable statutes and regulations of this State governing embalmers; and

      7.  Pays to the Secretary of the Board the fees prescribed in NRS 642.0696.

      Sec. 23. NRS 642.110 is hereby amended to read as follows:

      642.110  1.  All licenses shall be signed by the [President] Chair and the Secretary of the Board and attested by the seal of the Board.

      2.  Each license shall specify the name of the person to whom issued. Every license shall be nonassignable and nontransferable, and shall be displayed by each licensee in a conspicuous place in the office or place of business of the licensee.

      Sec. 23.5. NRS 642.120 is hereby amended to read as follows:

      642.120  1.  If a licensee wishes to renew his or her license, the Board shall renew the license, except for cause, if the licensee complies with the provisions of this section.

      2.  The renewal fee prescribed in NRS 642.0696 and all information required to complete the renewal are due on January 1 of each even-numbered year. If the renewal fee is not paid or all required information is not submitted by February 1 [,] of that even-numbered year, a fee for the late renewal of the license will be added to the renewal fee, and in no case will the fee for late renewal be waived.

      3.  Upon receipt of the renewal fee, all required information and any fee for late renewal imposed pursuant to subsection 2, the Board shall issue a renewal certificate to the licensee.

      Sec. 24. NRS 642.130 is hereby amended to read as follows:

      642.130  The following acts are grounds for which the Board may take disciplinary action against a person who is licensed to practice the profession of embalming pursuant to this chapter or refuse to issue such a license to an applicant therefor:

      1.  Gross incompetency.

      2.  Unprofessional, unethical or dishonest conduct.

      3.  Habitual intemperance.

      4.  Fraud or misrepresentation in obtaining or attempting to obtain a license to practice the profession of embalming.

      5.  Employment by the licensee of persons commonly known as “cappers,” “steerers” or “solicitors,” or of other persons to obtain funeral directing , funeral arranging or embalming business.

      6.  Malpractice.

 


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      7.  Gross immorality.

      8.  The unlawful use of any controlled substance.

      9.  Conviction of a felony relating to the practice of embalming.

      10.  False or misleading advertising as defined in NRS 642.490, or false or misleading statements in the sale of merchandise or services.

      11.  Refusal to surrender promptly the custody of a dead human body upon the request of a person who is legally entitled to custody of the body.

      12.  Violation by the licensee of any provision of this chapter, any regulation adopted pursuant thereto, any order of the Board or any other law of this State relating to the practice of any of the professions regulated by the Board.

      13.  The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.

      Sec. 25. NRS 642.210 is hereby amended to read as follows:

      642.210  1.  An applicant for a certificate of registration as a registered apprentice shall immediately notify the [Secretary of the] Board of such fact in order to receive credit for time spent.

      2.  Credit on the required apprenticeship commences on the date the application for the certificate of registration is filed with the [Secretary of the] Board, and no applications may be accepted antedated.

      Sec. 26. NRS 642.230 is hereby amended to read as follows:

      642.230  Apprentices shall be registered with the [Secretary of the] Board at the time of beginning of apprenticeship, and notice of termination of the same during interim, in case an apprentice changes tutor, shall be forwarded to the [Secretary of the] Board, giving the date of termination with the first instructor and the date of beginning with the second instructor, and each subsequent instructor in like manner as provided in this chapter for the first instructor.

      Sec. 27. NRS 642.240 is hereby amended to read as follows:

      642.240  Each licensed embalmer who has under his or her supervision or control a registered apprentice shall report such fact to the Board semiannually on or before January 1 and July 1 of each year. The [Secretary of the] Board shall immediately forward to such embalmer forms wherein information desired by the Board shall be requested by interrogations. Such reports shall disclose the work which such apprentice has performed during the semiannual period preceding the first of the month on which such report is made, including the number of bodies such apprentice has assisted in embalming or otherwise prepared for disposition during that period.

      Sec. 28. NRS 642.290 is hereby amended to read as follows:

      642.290  1.  A registered apprentice may apply for a leave of absence and for the extension of any leave of absence by:

      (a) Filing an application with the [Secretary of the] Board; and

      (b) Paying any fees related to the application.

      2.  The application may be granted by the Board, if the facts of the case disclose sufficient reason for granting the request.

      Sec. 28.5. NRS 642.300 is hereby amended to read as follows:

      642.300  1.  [A] Notwithstanding the provisions of NRS 642.069, a certificate of registration expires 1 year after the date of issuance of the certificate by the Board, unless the certificate is renewed in accordance with the regulations adopted by the Board.

      2.  No person may hold a certificate of registration as a registered apprentice entitling the person to practice the occupation of an embalmer’s apprentice under a licensed embalmer more than 2 consecutive years without successfully passing the examination for a license to practice the profession of embalming pursuant to NRS 642.090.

 


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apprentice under a licensed embalmer more than 2 consecutive years without successfully passing the examination for a license to practice the profession of embalming pursuant to NRS 642.090.

      Sec. 29. NRS 642.310 is hereby amended to read as follows:

      642.310  Before a registered apprentice may take the examination for a license to practice the profession of embalming pursuant to NRS 642.090, the registered apprentice must file an application with the [Secretary of the] Board and pay the examination fee prescribed in NRS 642.0696, not later than 30 days before the date of such examination.

      Sec. 30. NRS 642.340 is hereby amended to read as follows:

      642.340  1.  A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the business of a funeral director unless the person is licensed as a funeral director by the Board.

      2.  The business of a funeral director must be conducted and engaged in at a funeral establishment [.] or direct cremation facility.

      Sec. 31. NRS 642.345 is hereby amended to read as follows:

      642.345  1.  A funeral director shall not manage a funeral establishment or direct cremation facility unless the funeral director has been approved by the Board to manage the funeral establishment [.] or direct cremation facility.

      2.  If a funeral director manages more than one funeral establishment [,] or direct cremation facility, the funeral director must obtain approval from the Board for each funeral establishment or direct cremation facility that he or she manages.

      3.  A funeral director is responsible for the proper management of each funeral establishment or direct cremation facility of which the funeral director is the manager.

      Sec. 31.5. NRS 642.350 is hereby amended to read as follows:

      642.350  Any funeral director who, on July 1, 1959, is engaged in or conducting the business of a funeral director, at a fixed place or establishment in this State, must be issued a license upon application therefor made within 30 days after July 1, 1959, and may continue in business for the remainder of the year. [Such] Notwithstanding the provisions of NRS 642.069, such a funeral director may have the license renewed annually upon payment of such renewal fees as are required by NRS 642.420.

      Sec. 32. NRS 642.360 is hereby amended to read as follows:

      642.360  1.  An application for a funeral director’s license [or a license to conduct direct cremations or immediate burials] must be in writing and verified on a form provided by the Board.

      2.  Each applicant must be over 18 years of age and of good moral character.

      3.  Except as otherwise provided in subsection 4, each applicant for a funeral director’s license must pass an examination given by the Board upon the following subjects:

      (a) The signs of death.

      (b) The manner by which death may be determined.

      (c) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons [dying] who have died from infectious or contagious diseases.

      (d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.

      (e) Federal regulations governing funeral practices.

 


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      (f) The laws and regulations of this State relating to funeral directing , funeral arranging and embalming.

      4.  An applicant who has passed the national examination given by the International Conference of Funeral Service Examining Boards is not required to take any portion of the examination set forth in subsection 3 that repeats or duplicates a portion of the national examination.

      5.  An applicant for a funeral director’s license whose application is submitted on or after January 1, 2016, must have completed, before submission of the application, 1 year of active practice as a funeral arranger in this State. This requirement may be waived by the Board if the applicant has held a license as a funeral director in another state for at least 1 year before submitting his or her application for a funeral director’s license in this State.

      6.  An application for [:

      (a) A] a funeral director’s license must be accompanied by the application fee and the examination fee prescribed in NRS 642.0696.

      [(b) A license to conduct direct cremations or immediate burials must be accompanied by the application fee prescribed in NRS 642.0696.]

      Sec. 33. NRS 642.365 is hereby amended to read as follows:

      642.365  1.  An application for a permit to operate a funeral establishment must be in writing and be verified on a form provided by the Board.

      2.  Each applicant must : [furnish proof satisfactory to the Board that:]

      (a) [The applicant is] Be of good moral character; and

      (b) [The applicant is] Be at least 18 years [old; and

      (c)]of age.

      3.  The funeral establishment for which the applicant is requesting the permit [is] must be constructed, equipped and maintained in the manner described in NRS 642.016.

      [3.] 4.  Each application must be accompanied by the application fee prescribed in NRS 642.0696.

      Sec. 34. NRS 642.370 is hereby amended to read as follows:

      642.370  Each applicant for a [funeral director’s license or a license to conduct direct cremations or immediate burials] license, permit or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS must furnish proof satisfactory to the Board that the applicant is of good moral character.

      Sec. 35. NRS 642.390 is hereby amended to read as follows:

      642.390  Upon receipt of an application for a license, permit [to operate a funeral establishment, a funeral director’s license or a license to conduct direct cremations or immediate burials,] or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS, the Board shall cause an investigation to be made as to the character of the applicant, and may require such showing as will reasonably prove the applicant’s good moral character.

      Sec. 36. NRS 642.400 is hereby amended to read as follows:

      642.400  1.  The Board may subpoena witnesses.

      2.  After a proper hearing, the Board shall issue to an applicant a [funeral director’s] license [or a license to conduct direct cremations or immediate burials] , permit or certificate, as applicable, if it finds that the applicant:

 


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      (a) Is of good moral character;

      (b) Fulfills the requirements set forth in this chapter or chapter 451 or 452 of NRS, as applicable, for the license [;] , permit or certificate; and

      (c) Has paid all fees related to the application.

      Sec. 37. NRS 642.420 is hereby amended to read as follows:

      642.420  Each licensed funeral director and each person who is licensed [to conduct direct cremations or immediate burials] as a funeral arranger shall pay the [annual] fee prescribed in NRS 642.0696 for the renewal of the license.

      Sec. 38. NRS 642.430 is hereby amended to read as follows:

      642.430  1.  The Board shall mail, on or before January 1 of each even-numbered year, to each licensed funeral director and each person licensed [to conduct direct cremations or immediate burials,] as a funeral arranger, addressed to such licensee at his or her last known address, a notice that the renewal fee is due and that if the renewal fee is not paid by February 1 [,] of that even-numbered year, a fee for the late renewal of the license will be added to the renewal fee, and in no case will the fee for late renewal be waived.

      2.  Upon receipt of the renewal fee, all information required to complete the renewal and any fee for late renewal imposed pursuant to subsection 1, the Board shall issue a renewal certificate to the licensee.

      Sec. 39. NRS 642.435 is hereby amended to read as follows:

      642.435  1.  Each person who is issued a permit to operate a funeral establishment or direct cremation facility must pay the [annual] fee prescribed in NRS 642.0696 for the renewal of the permit.

      2.  The Board shall, before renewing a permit to operate a funeral establishment [,] or direct cremation facility, make an unannounced inspection of the establishment for which the permit was issued to ensure compliance , if applicable, with:

      (a) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons who have died from infectious or contagious diseases;

      (b) Local health and sanitary ordinances and regulations relating to funeral directing and embalming; and

      (c) Federal regulations governing funeral practices.

Ê Each person who is issued a permit to operate a funeral establishment or direct cremation facility shall be deemed to have consented to such an inspection as a condition for the issuance of the permit.

      3.  The Board shall, on or before January 1 of each even-numbered year, mail to each holder of a permit to operate a funeral establishment or direct cremation facility a notice that the renewal fee for the permit is due and that if the renewal fee is not paid by February 1 [,] of that even-numbered year, a penalty will be added to the renewal fee, and in no case will the penalty be waived.

      4.  Upon receipt of the renewal fee and any penalties imposed by the Board pursuant to subsection 3, the Board shall issue a renewal certificate to the holder of the permit.

      Sec. 40. NRS 642.450 is hereby amended to read as follows:

      642.450  1.  In case of the death of a licensed funeral director who leaves a funeral establishment or direct cremation facility as part or all of his or her estate, the Board may issue to the legal representative of the deceased funeral director, if the legal representative is of good moral character, a special temporary license as a funeral director for the duration of the administration of the estate, but in no case to exceed 1 year [.]

 


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special temporary license as a funeral director for the duration of the administration of the estate, but in no case to exceed 1 year [.] , notwithstanding the provisions of NRS 642.069.

      2.  The fees for the application, issuance and renewal of a special temporary license and any other fees related to the special temporary license and the time for payment of such fees must be the same as those required for regular licenses.

      Sec. 41. NRS 642.455 is hereby amended to read as follows:

      642.455  1.  Upon written request to the Board and payment of the fee prescribed in NRS 642.0696, a person who holds a funeral director’s license or a license [to conduct direct cremations or immediate burials] as a funeral arranger and who is a licensee in good standing may have the license placed on inactive status. A licensee whose license has been placed on inactive status shall not engage in the business of funeral directing or [conducting direct cremations or immediate burials] funeral arranging during the period in which the license is inactive.

      2.  If a licensee wishes to resume the business of funeral directing or [conducting direct cremations or immediate burials,] funeral arranging, the Board shall reactivate the license upon the:

      (a) Demonstration, if deemed necessary by the Board, that the licensee is qualified and competent to practice;

      (b) Completion of an application; and

      (c) Payment of the fee for the renewal of the license and any other fees related to the reactivation of the license.

      3.  A licensee is not required to pay the fee for the renewal of his or her license or any fees or penalties related to the renewal of the license for any [year during the] period in which the license was inactive.

      Sec. 42. NRS 642.460 is hereby amended to read as follows:

      642.460  Each funeral director’s license and each license [to conduct direct cremations or immediate burials] as a funeral arranger must specify the name of the licensee and be displayed conspicuously in the place of business or employment of the licensee.

      Sec. 43. NRS 642.465 is hereby amended to read as follows:

      642.465  1.  Each permit to operate a funeral establishment or direct cremation facility must be issued in the name under which the establishment or facility will conduct business, specify the name of the owner of the establishment and be displayed conspicuously in the funeral establishment or direct cremation facility for which it was issued.

      2.  A funeral establishment or direct cremation facility must not be operated or advertised as being operated [by any person other than the owner of the funeral establishment as his or her name] under any name other than the name under which the funeral establishment or direct cremation facility conducts business as it appears on the permit . [to operate that funeral establishment.]

      3.  Each funeral establishment and direct cremation facility which has been issued a permit by the Board pursuant to this chapter or chapter 451 or 452 of NRS shall maintain its facilities in a sanitary and professional manner.

      4.  Each funeral establishment and direct cremation facility which has been issued a permit by the Board pursuant to this chapter or chapter 451 or 452 of NRS must have a licensed funeral director to manage the establishment or facility in accordance with the provisions of NRS 642.345, and the name of the funeral director must be specified on the permit issued to the funeral establishment or direct cremation facility, as applicable.

 


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and the name of the funeral director must be specified on the permit issued to the funeral establishment or direct cremation facility, as applicable.

      5.  Any advertising, including, without limitation, signage, for a direct cremation facility must specify that the facility is limited to providing direct cremation services.

      6.  Nothing in this chapter or chapter 451 or 452 of NRS shall be construed as prohibiting embalming from occurring at a central location.

      Sec. 44. NRS 642.470 is hereby amended to read as follows:

      642.470  The following acts are grounds for which the Board may take disciplinary action against [a] any person who holds a [funeral director’s] license, [a] permit [to operate a funeral establishment or a license to conduct direct cremations or immediate burials,] or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS, or may refuse to issue such a license , [or] permit or certificate to an applicant therefor:

      1.  Conviction of a crime involving moral turpitude.

      2.  Unprofessional conduct.

      3.  False or misleading advertising.

      4.  Conviction of a felony relating to the practice of funeral directors [.] or funeral arrangers.

      5.  Conviction of a misdemeanor that is related directly to the business of a funeral establishment [.] , direct cremation facility, cemetery or crematory.

      Sec. 45. NRS 642.473 is hereby amended to read as follows:

      642.473  1.  If the Board determines that a person who holds a [funeral director’s] license, [a] permit [to operate a funeral establishment or a license to conduct direct cremations or immediate burials] or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS has committed any of the acts set forth in NRS 642.470, the Board may:

      (a) Refuse to renew the license , [or] permit [;] or certificate;

      (b) Revoke the license , [or] permit [;] or certificate;

      (c) Suspend the license , [or] permit or certificate for a definite period or until further order of the Board;

      (d) Impose a fine of not more than $5,000 for each act that constitutes a ground for disciplinary action;

      (e) Place the person on probation for a definite period subject to any reasonable conditions imposed by the Board;

      (f) Administer a public reprimand; or

      (g) Impose any combination of disciplinary actions set forth in paragraphs (a) to (f), inclusive.

      2.  The Board shall not administer a private reprimand.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 46. NRS 642.480 is hereby amended to read as follows:

      642.480  For the purposes of NRS 642.470, unprofessional conduct includes:

      1.  Misrepresentation or fraud in the operation of a funeral establishment , direct cremation facility, cemetery or crematory, or the practice of a funeral director or [person licensed to conduct direct cremations or immediate burials.] funeral arranger.

      2.  Solicitation of dead human bodies by the licensee or his or her agents, assistants or employees, whether the solicitation occurs after death or while death is impending, but this does not prohibit general advertising.

 


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      3.  Employment by a holder of a permit to operate a funeral establishment or direct cremation facility or by a licensee of persons commonly known as “cappers,” “steerers” or “solicitors,” or of other persons to obtain funeral directing or embalming business.

      4.  Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, funeral arranger, employee or other person, on part- or full-time or on commission, to call upon natural persons or institutions by whose influence dead human bodies may be turned over to a particular funeral director , funeral arranger or embalmer.

      5.  The buying of business by a holder of a permit to operate a funeral establishment or direct cremation facility or by a licensee or his or her agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the holder of a permit or a licensee or his or her agents, assistants or employees, to secure business.

      6.  Gross immorality.

      7.  Aiding or abetting an unlicensed person to practice funeral directing , funeral arranging or embalming.

      8.  Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of.

      9.  Solicitation or acceptance by a holder of a permit to operate a funeral establishment or direct cremation facility or by a licensee of any commission, bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum , direct cremation facility or cemetery.

      10.  Except as otherwise provided in this subsection, using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body. The provisions of this subsection do not prohibit the rental of the outer shell of a casket into which a removable insert containing a dead human body is placed for the purpose of viewing the body or for funeral services, or both, and which is later removed from the outer shell for cremation.

      11.  Violation of any provision of this chapter, any regulation adopted pursuant thereto or any order of the Board.

      12.  Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies, including, without limitation, [NRS 451.400.] chapters 440, 451 and 452 of NRS.

      13.  Fraud or misrepresentation in obtaining a permit or license.

      14.  Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof.

      15.  Taking undue advantage of the patrons of a funeral establishment or direct cremation facility, or being guilty of fraud or misrepresentation in the sale of merchandise to those patrons.

      16.  The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.

      17.  Habitual drunkenness or the unlawful use of a controlled substance.

      18.  Unethical practices contrary to the public interest as determined by the Board.

      Sec. 47. NRS 642.490 is hereby amended to read as follows:

      642.490  For the purposes of NRS 642.470, false or misleading advertising includes:

 


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      1.  Advertising the price of caskets exclusively, without stating the prices of other merchandise and services.

      2.  Offering service at cost plus a percentage, when the determination of the cost lies within the control of the owner of the funeral establishment or direct cremation facility or the funeral director , funeral arranger or embalmer and is not published.

      3.  Advertising or selling certificates of stock participation or any form of agreement which creates the impression with the purchaser, when such is not a fact, that the purchaser becomes a part owner in the advertiser’s establishment or facility and is therefore entitled to special price privileges for funeral services.

      4.  Advertising prices below the reasonable economic cost of merchandise, service and overhead.

      5.  Advertising which impugns the honesty, trustworthiness or business or professional standards of competitors or which states that the prices charged by competitors are considerably higher than those charged by the advertiser, when such is not the fact.

      6.  Advertising which represents the advertiser to be the special defender of the public interest or which makes it appear that the advertiser is subjected to the combined attack of competitors. Such expressions as “independent,” “not in trust,” “not controlled by the combine” and other expressions having the same or similar import shall be deemed to be misleading unless it is shown by the advertiser that there is a “trust” or a “combine,” and that other funeral establishments or funeral directors constitute a monopoly for the purpose of maintaining prices or for any other purpose. The burden of proving the existence of a “trust,” “combine” or “monopoly” is upon the advertiser asserting the existence of that “trust,” “combine” or “monopoly.”

      7.  Advertising by a direct cremation facility which does not specifically indicate the limitations of the services provided.

      8.  Advertising under any name other than the name indicated on the permit to operate a funeral establishment or direct cremation facility.

      Sec. 48. NRS 642.500 is hereby amended to read as follows:

      642.500  1.  A petition for the revocation or suspension of a license, permit [to operate a funeral establishment, funeral director’s license or license to conduct direct cremations or immediate burials] or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS may be filed by the Attorney General or by the district attorney of the county in which the funeral establishment or direct cremation facility exists or the licensee or holder of the permit or certificate resides or has practiced, or by any person residing in this State.

      2.  The petition must be filed with the Board and state the charges against the licensee or holder of the permit or certificate with reasonable definiteness.

      Sec. 49. NRS 642.510 is hereby amended to read as follows:

      642.510  1.  Each order of revocation or suspension of a permit to operate a funeral establishment or direct cremation facility must be entered of record and the name of the holder of the permit stricken from the roster of permits and the funeral establishment or direct cremation facility may not be operated after revocation of the permit or during the period it is suspended.

      2.  Each order of revocation or suspension of a funeral director’s license or funeral arranger’s license [to conduct direct cremations or immediate burials] must be entered of record and the name of the licensee stricken from the roster of licenses and the licensee may not engage in the practice of funeral directing or [conducting direct cremations or immediate burials] funeral arranging, as applicable, after revocation of the license or during the period it is suspended.

 


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burials] must be entered of record and the name of the licensee stricken from the roster of licenses and the licensee may not engage in the practice of funeral directing or [conducting direct cremations or immediate burials] funeral arranging, as applicable, after revocation of the license or during the period it is suspended.

      Sec. 50. NRS 642.521 is hereby amended to read as follows:

      642.521  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license [to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer,] , permit or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS, the Board shall deem the license , permit or certificate [of registration] issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license , permit or certificate [of registration] by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license , permit or certificate [of registration] has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license [to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a] , permit or certificate [of registration as an apprentice embalmer] that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license , permit or certificate [of registration] was suspended stating that the person whose license , permit or certificate [of registration] was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 51. NRS 642.557 is hereby amended to read as follows:

      642.557  Notwithstanding the provisions of chapter 622A of NRS:

      1.  If the Board has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter or chapter 440, 451 or 452 of NRS, any regulation adopted by the Board pursuant thereto or any order of the Board, the Board may enter an order requiring the person to desist or refrain from engaging in the violation.

      2.  The provisions of NRS 241.034 do not apply to any action that is taken by the Board pursuant to this section.

      Sec. 52. NRS 642.560 is hereby amended to read as follows:

      642.560  No funeral director , funeral arranger or embalmer may permit any person to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors, funeral arrangers, public officers in the discharge of their official duties, and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased.

      Sec. 53. NRS 642.590 is hereby amended to read as follows:

      642.590  1.  Any funeral director who attempts to take care of the disposition of dead human bodies or any person who [performs or attempts to perform direct cremations or immediate burials] acts as a funeral arranger without having complied with the provisions of this chapter, and without being licensed pursuant to this chapter, or who continues in the business of a funeral director or continues to [conduct direct cremations or immediate burials] act as a funeral arranger after his or her license has been revoked shall be fined not more than $500.

 


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arranger without having complied with the provisions of this chapter, and without being licensed pursuant to this chapter, or who continues in the business of a funeral director or continues to [conduct direct cremations or immediate burials] act as a funeral arranger after his or her license has been revoked shall be fined not more than $500. Each day that he or she is engaged in the business of a funeral director or [conducts direct cremations or immediate burials] funeral arranger is a separate offense.

      2.  Any owner of a funeral establishment or direct cremation facility who operates or allows another person to operate the funeral establishment or direct cremation facility without having complied with the provisions of this chapter, or who continues to operate or allow another person to operate the funeral establishment or direct cremation facility after his or her permit to operate the funeral establishment or direct cremation facility has been revoked shall be fined not more than $500. Each day that he or she operates or allows another person to operate the funeral establishment or direct cremation facility is a separate offense.

      3.  Any owner of a funeral establishment or direct cremation facility or a funeral director or funeral arranger, or any person acting for him or her , who pays or causes to be paid, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business as an owner of a funeral establishment or direct cremation facility or a funeral director or funeral arranger and every person who accepts or offers to accept any money or thing of value as a commission or gratuity from an owner of a funeral establishment or direct cremation facility or a funeral director or funeral arranger to secure business for that person is guilty of a misdemeanor.

      Sec. 54. NRS 451.024 is hereby amended to read as follows:

      451.024  1.  The following persons, in the following order of priority, may order the burial or cremation of human remains of a deceased person:

      (a) A person designated as the person with authority to order the burial or cremation of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection [7;] 9;

      (b) If the decedent was, at the time of death, on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, a person designated by the decedent in the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, as the person authorized to direct disposition of the human remains of the decedent;

      (c) The spouse of the decedent;

      (d) An adult son or daughter of the decedent;

      (e) Either parent of the decedent;

      (f) An adult brother or sister of the decedent;

      (g) A grandparent of the decedent;

      (h) A guardian of the person of the decedent at the time of death; and

      (i) [A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death; and

      (j)] A person who meets the requirements of subsection 2.

      2.  [If, 30 days or more after the death of a decedent, the coroner or sheriff, as applicable, has conducted an investigation to determine whether a person specified in paragraphs (a) to (i), inclusive, of subsection 1 exists and, upon completion of that investigation, is unable to identify or locate a person specified in those paragraphs, any] Any other person may order the burial or cremation of the human remains of the decedent if the person:

 


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specified in those paragraphs, any] Any other person may order the burial or cremation of the human remains of the decedent if the person:

      (a) Is at least 18 years of age; and

      (b) Executes an affidavit affirming:

             (1) That he or she knew the decedent;

             (2) The length of time that he or she knew the decedent;

             (3) That he or she does not know the whereabouts of any of the persons specified in paragraphs (a) to [(i),] (h), inclusive, of subsection 1; and

             (4) That he or she willingly accepts legal and financial responsibility for the burial or cremation of the human remains of the decedent.

      3.  If a person with authority to order the burial or cremation of the human remains of a decedent pursuant to paragraphs (c) to (h), inclusive, of subsection 1 has been arrested for or charged with murder, as defined in NRS 200.010, or voluntary manslaughter, as defined in NRS 200.050, in connection with the death of the decedent, the authority of the person to order the disposition of the human remains of the decedent is automatically relinquished and passes to the next person in order of priority pursuant to subsection 1.

      4.  If there is more than one person authorized to order the burial or cremation of the human remains of a decedent within a particular priority class pursuant to paragraphs (d) to (h), inclusive, of subsection 1, a funeral establishment or direct cremation facility may require a majority of the members of the priority class to agree upon a disposition of the remains of the decedent.

      5.  A person who accepts legal and financial responsibility for the burial or cremation of the human remains of a decedent as described in subparagraph (4) of paragraph (b) of subsection 2 does not have a claim against the estate of the decedent or against any other person for the cost of the burial [.

      4.] or cremation.

      6.  If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial or cremation of the remains and provide for the respectful disposition of the remains.

      [5.] 7.  If the deceased person donated his or her body for scientific research or, before the person’s death, a medical facility was made responsible for the final disposition of the person, a representative of the scientific institution or medical facility may order the burial or cremation of his or her remains.

      [6.] 8.  A living person may order the burial or cremation of human remains removed from his or her body or the burial or cremation of his or her body after death. In the latter case, any person acting pursuant to his or her instructions is an authorized agent.

      [7.] 9.  A person 18 years of age or older wishing to authorize another person to order the burial or cremation of his or her human remains in the event of the person’s death may execute an affidavit before a notary public in substantially the following form:

 


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State of Nevada                }

                                             }ss

County of ......................... }

                                                                             (Date) ...................................

       I, .............................., (person authorizing another person to order the burial or cremation of his or her human remains in the event of his or her death) do hereby designate .............................. (person who is being authorized to order the burial or cremation of the human remains of a person in the event of his or her death) to order the [burial] disposition of my human remains upon my death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year ........

                                                                  

                    (Notary Public)

 

      10.  If the authorized person is not reasonably available or is unable to act as the authorized person, the right of the person to be the authorized person shall pass to the next person or category of persons in the order of priority pursuant to subsection 1.

      11.  It shall be presumed that an authorized person is not reasonably available to act as an authorized person in accordance with subsection 10 if the crematory, cemetery, funeral establishment or direct cremation facility, after exercising due diligence, has been unable to contact the person, or if the person has been unwilling or unable to make final arrangements for the burial or cremation of the human remains of the decedent, within 30 days after the initial contact or attempt to contact by the crematory, cemetery, funeral establishment or direct cremation facility.

      12.  If a person with a lower authorization priority than another person pursuant to subsection 1 has been authorized to order the burial or cremation of the human remains of a decedent and, subsequently, a person with a higher authorization priority makes an initial contact with the crematory, cemetery, funeral establishment or direct cremation facility and is available to perform the duties of an authorized person pursuant to this section before the final disposition of the decedent, the person with the higher authorization priority is the authorized person to order the burial or cremation of the human remains of the decedent.

      Sec. 55. NRS 451.635 is hereby amended to read as follows:

      451.635  1.  No person may cremate human remains except in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board.

      2.  The licensed operator of a crematory shall ensure that all persons physically operating the crematory equipment have completed a crematory certification program approved by the Board and maintain proof of completion of the program at the site where the crematory equipment operated by the person is located. Such proof of completion must be made available to the Board upon request or as part of any inspection or investigation conducted by the Board.

      3.  If a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:

 


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      (a) In an area which is zoned for mixed, commercial or industrial use; and

      (b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.

      [3.] 4.  The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:

      (a) The name and address of the applicant and the location or proposed location of the crematory;

      (b) A description of the structure and equipment to be used in operating the crematory; and

      (c) Any further information that the Board may reasonably require.

      [4.] 5.  An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.

      [5.] 6.  The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:

      (a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive; and

      (b) The applicant has paid all fees related to the application.

      [6.] 7.  If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.

      Sec. 56. NRS 451.645 is hereby amended to read as follows:

      451.645  1.  A cemetery or funeral home may erect and conduct a crematory if licensed as the operator.

      2.  Except as otherwise provided in subsection [2] 3 of NRS 451.635, a crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location is zoned for commercial or industrial use, or at any other location where the local zoning permits. A crematory must conform to all local building codes and environmental standards.

      [3.  The operator of a crematory may contract with or employ a licensed funeral director to:

      (a) Deal with the public in arranging for cremations;

      (b) Transport human remains to the crematory; or

      (c) Distribute, fill out or obtain the return of necessary papers.

Ê This subsection does not require the performance of any act by a licensed funeral director unless other law requires that such an act be performed only by him or her.]

      Sec. 57. NRS 451.660 is hereby amended to read as follows:

      451.660  1.  The operator of a crematory shall not cremate human remains until a death certificate has been signed and, except as otherwise provided in NRS 451.655, without first receiving a written authorization, on a form provided by the operator, signed by the agent or by the living person from whom the remains have been removed:

      (a) Identifying the deceased person or the remains removed;

      (b) Stating whether or not death occurred from a communicable or otherwise dangerous disease;

      (c) Stating the name and address of the agent and the agent’s relation to the deceased person;

      (d) Representing that the agent is aware of no objection to cremation of the remains by any person who has a right to control the disposition of the deceased person’s remains; and

 


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      (e) Stating the name of the person authorized to claim the cremated remains or the name of the cemetery or person to whom the remains are to be sent.

      2.  An authorized agent may delegate his or her authority to another person by a written and signed statement containing the agent’s name, address and relationship to the deceased person and the name and address of the person to whom the agent’s authority is delegated. The operator of a crematory incurs no liability by relying upon a signed order for cremation received by mail or upon a delegation of authority.

      3.  If the authorized agent is not reasonably available or is unable to act as the authorized agent, the person’s right to be the authorized agent shall pass to the next person or category of persons in the order of priority pursuant to subsection 1 of NRS 451.024.

      4.  It shall be presumed that an authorized person is not reasonably available to act as an authorized agent in accordance with subsection 3 if the crematory, cemetery, funeral establishment or direct crematory facility, after exercising due diligence, has been unable to contact the person, or if the person has been unwilling or unable to make final arrangements for the disposition of the deceased person’s remains, within 30 days after the initial contact or attempted contact by the crematory, cemetery, funeral establishment or direct cremation facility.

      5.  If a person with a lower authorization priority than another person pursuant to subsection 1 of NRS 451.024 has been designated as the authorized agent to order the disposition of the deceased person’s remains and, subsequently, a person with a higher authorization priority makes an initial contact with the crematory, cemetery, funeral establishment or direct crematory facility and is available to perform the duties of an authorized agent pursuant to NRS 451.024 before the final disposition of the remains, the person with the higher authorization priority shall be deemed to be the authorized agent to order the disposition of the remains.

      Sec. 58. NRS 451.665 is hereby amended to read as follows:

      451.665  1.  The operator of a crematory , funeral establishment or direct cremation facility shall keep a record of:

      (a) Each authorization received;

      (b) The name of each person whose human remains are received;

      (c) The date and time of receipt, and a description of the container in which received;

      (d) The date of cremation; and

      (e) The final disposition of the cremated remains.

      2.  The operator of a crematory shall not accept unidentified human remains. If the remains are received in a container, the operator shall place appropriate identification upon the exterior of the container.

      3.  If a permit for transportation of human remains to the crematory is required by the local health authority, the operator shall file the permit in his or her records.

      Sec. 59. NRS 451.695 is hereby amended to read as follows:

      451.695  1.  Except as otherwise provided in subsection 2:

      (a) The agent who orders cremation is responsible for the disposition of cremated remains. If within 30 days after cremation the person named in the authorization has not claimed the cremated remains and no other disposition is specified in the authorization, the operator of a crematory may place the vessel containing the cremated remains in a common compartment with other unclaimed cremated remains.

 


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other unclaimed cremated remains. The operator may charge a fee for storage when the cremated remains are claimed.

      (b) If within 2 years after cremation the agent has not claimed the cremated remains or specified their ultimate disposition, the operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700. The agent is liable to the operator for all reasonable expenses of disposition.

      2.  If cremation was ordered pursuant to subsection [2] 6 of NRS [451.650:] 451.024:

      (a) The operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700, if the cremated remains are not claimed by the agent within 1 year after cremation.

      (b) The operator has a claim against the estate of the decedent for the reasonable expenses of the disposition if those expenses are not paid by the State or a political subdivision of the State.

      (c) The operator shall not charge a public officer a fee for storage of the cremated remains.

      3.  An operator who complies with subsection 1 or 2, or both, has no further legal liability concerning the cremated remains so treated.

      Sec. 60. NRS 451.715 is hereby amended to read as follows:

      451.715  1.  It is unlawful for any person to:

      (a) Hold himself or herself out to the public as the operator of a crematory without being licensed pursuant to NRS 451.635;

      (b) Sign an order for cremation knowing that the order contains incorrect information; or

      (c) Violate any other provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board.

      2.  It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to NRS [451.650] 451.024 or 451.655.

      3.  If a crematory is operated in this state in violation of any provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board, the crematory is a public nuisance and may be abated as such.

      Sec. 60.5. NRS 452.340 is hereby amended to read as follows:

      452.340  1.  If the Board finds that the proposed cemetery authority has in good faith complied with all lawful requirements, it shall within 30 days issue a certificate of authority for the operation of a cemetery.

      2.  [The] Notwithstanding the provisions of NRS 642.069, the certificate of authority is valid for 6 months from the date of issuance, and if the cemetery authority has not begun operations within that time the certificate expires unless the Board has, for good cause, extended the period. No such extension may be given for more than 6 months from the date of extension.

      Sec. 61. NRS 689.150 is hereby amended to read as follows:

      689.150  As used in NRS 689.150 to 689.375, inclusive, unless the context otherwise requires:

      1.  “Funeral service or services” means those services performed normally by funeral directors , funeral arrangers or funeral or mortuary parlors and includes their sales of supplies and equipment for burial. The term includes cremations and crematory services. The term does not include services performed by a cemetery or the sale by a cemetery of services, interests in land, markers, memorials, monuments or merchandise and equipment in relation to the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on the property of a cemetery.

 


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services performed by a cemetery or the sale by a cemetery of services, interests in land, markers, memorials, monuments or merchandise and equipment in relation to the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on the property of a cemetery.

      2.  “Performer” means any person designated in a prepaid contract to furnish the funeral services, supplies and equipment covered by the contract on the demise of the beneficiary.

      3.  “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments or payable solely from the proceeds of a policy of life insurance, the seller of the contract guarantees or promises either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract to furnish funeral services and merchandise. The term does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, of embalming, interring or otherwise disposing of the remains of any person.

      Sec. 62. NRS 689.715 is hereby amended to read as follows:

      689.715  1.  A funeral director , funeral arranger or cemetery authority that enters into a preneed sales agreement shall, upon the death of the buyer, provide a copy of the agreement to each person entitled to custody of the remains.

      2.  The Commissioner may impose upon any person who knowingly violates the provisions of subsection 1 an administrative fine of three times the amount of the preneed sales agreement.

      Sec. 63. NRS 451.650, 642.140 and 642.355 are hereby repealed.

      Sec. 64.  1.  This act becomes effective:

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

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

      2.  Section 50 of this act expires by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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