[Rev. 10/12/2015 2:05:25 PM]

Link to Page 1972

 

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ê2015 Statutes of Nevada, Page 1973ê

 

CHAPTER 349, SB 305

Senate Bill No. 305–Senator Segerblom

 

CHAPTER 349

 

[Approved: June 4, 2015]

 

AN ACT relating to agriculture; authorizing the growth or cultivation of industrial hemp in this State under certain circumstances; excluding industrial hemp authorized to be grown or cultivated in this State from the definition of marijuana for the purposes of certain crimes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits selling, manufacturing, delivering, bringing into the State or possessing any part of any plant of the genus Cannabis, whether growing or not. (NRS 453.339) On February 7, 2014, the President of the United States signed the Agricultural Act of 2014 into law. Section 7606 of the Act authorizes institutions of higher education and state departments of agriculture to cultivate industrial hemp for research purposes under an agricultural pilot program or for other agricultural or academic research. (7 U.S.C. § 5940)

      Section 13.5 of this bill authorizes an institution of higher education or the State Department of Agriculture to grow or cultivate industrial hemp for purposes of research conducted under an agricultural pilot program or for other agricultural or academic research. Section 13.5 also requires each site used to grow or cultivate industrial hemp to be certified by and registered with the Department. Section 14 of this bill authorizes the State Board of Agriculture to adopt regulations to carry out these provisions and to restrict or prohibit the use of industrial hemp grown or cultivated pursuant to the provisions of this bill to manufacture cannabidiol or any preparation of cannabidiol.

      Sections 28 and 29 of this bill exclude industrial hemp, as defined in section 7 of this bill, which is grown or cultivated for such research purposes from certain crimes relating to marijuana.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 49 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  (Deleted by amendment.)

      Sec. 3.5. “Agricultural pilot program” means a program to study the growth, cultivation or marketing of industrial hemp.

      Sec. 4. “Department” means the State Department of Agriculture.

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  “Industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a THC concentration of not more than 0.3 percent on a dry weight basis.

 


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ê2015 Statutes of Nevada, Page 1974 (Chapter 349, SB 305)ê

 

      Sec. 8.  (Deleted by amendment.)

      Sec. 8.5. “Institution of higher education” means:

      1.  A university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; and

      2.  A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.

      Secs. 9-11.  (Deleted by amendment.)

      Sec. 12. “THC” has the meaning ascribed to it in NRS 453A.155.

      Sec. 13.  (Deleted by amendment.)

      Sec. 13.5. 1.  An institution of higher education or the Department may grow or cultivate industrial hemp if the industrial hemp is grown or cultivated for:

      (a) Purposes of research conducted under an agricultural pilot program; or

      (b) Other agricultural or academic research.

      2.  Each site used for growing or cultivating industrial hemp in this State must be certified by and registered with the Department before growing or cultivating industrial hemp.

      Sec. 14. The State Board of Agriculture may adopt regulations to carry out the provisions of this chapter, including, without limitation, regulations necessary to:

      1.  Establish and carry out an agricultural pilot program;

      2.  Provide for the certification and registration of sites used for growing or cultivating industrial hemp; and

      3.  Restrict or prohibit the use or processing of industrial hemp for the creation, manufacture, sale or use of cannabidiol or any compound, salt, derivative, mixture or preparation of cannabidiol.

      Secs. 15-27.  (Deleted by amendment.)

      Sec. 28. NRS 453.096 is hereby amended to read as follows:

      453.096  1.  “Marijuana” means:

      (a) All parts of any plant of the genus Cannabis, whether growing or not;

      (b) The seeds thereof;

      (c) The resin extracted from any part of the plant; and

      (d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

      2.  “Marijuana” does not include [the] :

      (a) Industrial hemp, as defined in section 7 of this act, which is grown or cultivated pursuant to the provisions of sections 2 to 14, inclusive, of this act; or

      (b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

      Sec. 29. NRS 453.339 is hereby amended to read as follows:

      453.339  1.  Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana shall be punished, if the quantity involved:

 


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ê2015 Statutes of Nevada, Page 1975 (Chapter 349, SB 305)ê

 

      (a) Is 100 pounds or more, but less than 2,000 pounds, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.

      (b) Is 2,000 pounds or more, but less than 10,000 pounds, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.

      (c) Is 10,000 pounds or more, for a category A felony by imprisonment in the state prison:

             (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

             (2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and by a fine of not more than $200,000.

      2.  For the purposes of this section:

      (a) “Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not [.] , except for industrial hemp, as defined in section 7 of this act, which is grown or cultivated pursuant to the provisions of sections 2 to 14, inclusive, of this act.

      (b) The weight of marijuana is its weight when seized or as soon as practicable thereafter.

      Secs. 30-32. (Deleted by amendment.)

      Sec. 33.  This act becomes effective:

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

      2.  On January 1, 2016, for all other purposes.

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CHAPTER 350, SB 388

Senate Bill No. 388–Senator Manendo

 

CHAPTER 350

 

[Approved: June 4, 2015]

 

AN ACT relating to civil actions; establishing additional fees for filing certain motions in a divorce action under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a county clerk to charge and collect certain fees relating to certain civil actions and proceedings in district court. (NRS 19.013-19.0335) This bill provides that if a district court has issued a final order in a divorce action that was commenced by the parties filing a joint petition, the county clerk must charge and collect: (1) an additional fee of $129 the first time that a party files a motion to modify, adjust or enforce that final order; and (2) an additional fee of $57 the first time that the other party files an opposition, answer or response to such a motion. This bill requires that the proceeds of those additional fees must only be used for certain purposes which benefit the district court.

 


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ê2015 Statutes of Nevada, Page 1976 (Chapter 350, SB 388)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other fees required by law, the first time a party files a motion or other paper that seeks to modify, adjust or enforce a final order that was issued pursuant to chapter 125 of NRS, the county clerk shall, if the original action was commenced by a petition for divorce filed by the parties jointly, collect:

      (a) A fee of $129 to be paid by the party who files the motion or other paper; and

      (b) A fee of $57 to be paid by the party who files an opposition, answer or response to the motion or other paper.

      2.  On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected pursuant to subsection 1 during the preceding month. The county treasurer shall place the money in a special account in the county general fund administered by the county for the benefit of the district court. The county shall not charge a fee for administering the account. The money in the account must be used only to:

      (a) Acquire land on which to construct additional facilities for the district court or a regional justice center that includes the district court;

      (b) Construct or acquire additional facilities for the district court or a regional justice center that includes the district court;

      (c) Renovate or remodel existing facilities for the district court or a regional justice center that includes the district court;

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the district court or a regional justice center that includes the district court;

      (e) Acquire advanced technology;

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the district court or a regional justice center that includes the district court; and

      (g) Establish or support a civil family law self-help center operated or overseen by the district court.

Ê Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.

      Sec. 2.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 1977ê

 

CHAPTER 351, SB 431

Senate Bill No. 431–Committee on Finance

 

CHAPTER 351

 

[Approved: June 4, 2015]

 

AN ACT relating to state financial administration; authorizing the Supreme Court of Nevada to enter into a long-term lease for office space in Clark County which extends beyond the 2016-2017 biennium; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the Supreme Court of Nevada to enter into a contract for a 25-year lease of office space for the Court in Clark County which extends in duration beyond the 2016-2017 biennium. The total amount of money committed over the 25-year period may not exceed $19,493,635, exclusive of operation and maintenance costs, and the court must ensure that the lease does not constitute debt for purposes of the Nevada Constitution.

      Section 2 of this bill authorizes the Supreme Court of Nevada to execute any necessary amendments to effectuate the release of the Court and the State of Nevada from any further liability to Clark County incurred by an existing lease agreement for office space for the Court in the Regional Justice Center owned by Clark County.

 

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.  The Supreme Court of Nevada may enter into a contract for a 25-year lease of office space for the Court in Clark County which extends in duration beyond the 2016-2017 biennium except that the total amount of money committed over the 25-year period may not exceed $19,493,635, exclusive of operation and maintenance costs, and the lease may not constitute debt for the purposes of Section 3 of Article 9 of the Nevada Constitution.

      Sec. 2.  The Supreme Court of Nevada is authorized to execute any necessary amendments to effectuate the release of the Court and the State of Nevada from any further liability to Clark County incurred by an existing lease agreement for office space for the Court in the Regional Justice Center owned by Clark County.

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

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ê2015 Statutes of Nevada, Page 1978ê

 

CHAPTER 352, SB 442

Senate Bill No. 442–Committee on Judiciary

 

CHAPTER 352

 

[Approved: June 4, 2015]

 

AN ACT relating to arbitration; authorizing the removal of certain arbitrators from an arbitral proceeding under certain circumstances; prohibiting certain arbitrators from consolidating separate arbitral proceedings or other claims under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Uniform Arbitration Act of 2000. (NRS 38.206-38.248) Under existing law, a person who is requested to serve as an arbitrator must disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the proceeding. Existing law also authorizes a court, upon a timely objection by a party, to vacate an award made by an arbitrator who did not disclose such a fact. (NRS 38.227) Section 1 of this bill prohibits certain arbitrators from consolidating separate arbitral proceedings or other claims unless all parties expressly agree to such consolidation. Section 2 of this bill requires a court to remove certain arbitrators who did not disclose such a fact from the arbitral proceeding if an award has not yet been made.

 

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 38.224 is hereby amended to read as follows:

      38.224  1.  Except as otherwise provided in subsection 3, upon motion of a party to an agreement to arbitrate or to an arbitral proceeding, the court may order consolidation of separate arbitral proceedings as to all or some of the claims if:

      (a) There are separate agreements to arbitrate or separate arbitral proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitral proceeding with a third person;

      (b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

      (c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitral proceedings; and

      (d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

      2.  The court may order consolidation of separate arbitral proceedings as to some claims and allow other claims to be resolved in separate arbitral proceedings.

      3.  The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.

      4.  Except as otherwise provided in this subsection, an arbitrator may not consolidate separate arbitral proceedings or other claims unless all parties expressly agree to the consolidation. This subsection does not apply

 


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ê2015 Statutes of Nevada, Page 1979 (Chapter 352, SB 442)ê

 

to an arbitral proceeding conducted or administered by a self-regulatory organization, as defined by the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(26), the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., and any regulations adopted pursuant thereto.

      Sec. 2. NRS 38.227 is hereby amended to read as follows:

      38.227  1.  Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the proceeding, including:

      (a) A financial or personal interest in the outcome of the arbitral proceeding; and

      (b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitral proceeding, their counsel or representatives, a witness or another arbitrator.

      2.  An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.

      3.  If an arbitrator discloses a fact required by subsection 1 or 2 to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under paragraph (b) of subsection 1 of NRS 38.241 for vacating an award made by the arbitrator.

      4.  [If] Except as otherwise provided in this subsection, if the arbitrator did not disclose a fact as required by subsection 1 or 2, upon timely objection by a party [,] and a determination by the court under paragraph (b) of subsection 1 of NRS 38.241 [may vacate] that the nondisclosed fact is one that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitral proceeding, the court shall:

      (a) Vacate an award [.] made before the objecting party discovered such fact; or

      (b) If an award has not been made before discovery of such fact, remove the arbitrator from the arbitral proceeding.

Ê This subsection does not apply to an arbitral proceeding conducted or administered by a self-regulatory organization, as defined by the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(26), the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., and any regulations adopted pursuant thereto.

      5.  An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitral proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality for the purposes of paragraph (b) of subsection 1 of NRS 38.241.

      6.  If the parties to an arbitral proceeding expressly agree to the procedures of an arbitral organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under paragraph (b) of subsection 1 of NRS 38.241.

 


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ê2015 Statutes of Nevada, Page 1980 (Chapter 352, SB 442)ê

 

      Sec. 3. NRS 38.241 is hereby amended to read as follows:

      38.241  1.  Upon motion to the court by a party to an arbitral proceeding, the court shall vacate an award made in the arbitral proceeding if:

      (a) The award was procured by corruption, fraud or other undue means;

      (b) There was:

             (1) Evident partiality by an arbitrator appointed as a neutral arbitrator;

             (2) Corruption by an arbitrator; or

             (3) Misconduct by an arbitrator prejudicing the rights of a party to the arbitral proceeding;

      (c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to NRS 38.231, so as to prejudice substantially the rights of a party to the arbitral proceeding;

      (d) An arbitrator exceeded his or her powers;

      (e) There was no agreement to arbitrate, unless the movant participated in the arbitral proceeding without raising the objection under subsection 3 of NRS 38.231 not later than the beginning of the arbitral hearing; or

      (f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in NRS 38.223 so as to prejudice substantially the rights of a party to the arbitral proceeding.

      2.  A motion under this section must be made within 90 days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after the movant receives notice of a modified or corrected award pursuant to NRS 38.237, unless the movant alleges that the award was procured by evident partiality, corruption, fraud or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the movant.

      3.  If the court vacates an award on a ground other than that set forth in paragraph (e) of subsection 1, it may order a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b) of subsection 1, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d) or (f) of subsection 1, the rehearing may be before the arbitrator who made the award or the arbitrator’s successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection 2 of NRS 38.236 for an award.

      4.  If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

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

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ê2015 Statutes of Nevada, Page 1981ê

 

CHAPTER 353, SB 476

Senate Bill No. 476–Committee on Government Affairs

 

CHAPTER 353

 

[Approved: June 4, 2015]

 

AN ACT relating to local districts; making legislative declarations; requiring the imposition of a fee on parcels in a conservation district upon the approval of registered voters; authorizing the increase, decrease or elimination of the fee upon such approval; requiring that money collected from the fee be expended only for the purposes of the conservation district; authorizing the supervisors of a conservation district to serve ex officio as directors of a weed control district upon agreement with a board of county commissioners; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a conservation district may be organized as a political subdivision of the State, with various powers and duties regarding the conservation of natural resources within the district. (Chapter 548 of NRS)

      In section 2 of this bill, the Legislature declares that conservation districts may be recognized as having special expertise regarding local conditions, conservation of renewable natural resources and the coordination of local programs which makes the districts suited to serve as cooperating agencies for the purposes of the federal National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.) and to provide local government coordination for the purposes of the Federal Land Policy and Management Act of 1976. (43 U.S.C. §§ 1701 et seq.)

      Section 4 of this bill requires a board of county commissioners to impose an annual fee, not to exceed $25, on each parcel in a conservation district, if the imposition of the fee is approved at an election. Under section 5 of this bill, a board of county commissioners must submit to the voters the question of whether to impose the fee upon receipt of a petition signed by either a majority of the supervisors of the conservation district or at least 10 percent of the registered voters of the conservation district. Section 5.5 of this bill provides that the required election may be conducted by mail. Under section 6 of this bill, the fee may not be increased, decreased or eliminated except according to the same procedures for imposing the fee. Under section 4, money collected from the imposition of the fee may be used only for the purposes of a conservation district prescribed in chapter 548 of NRS.

      Sections 8 and 9 of this bill add the Forest Service of the United States Department of Agriculture and the Bureau of Land Management and the Fish and Wildlife Service of the United States Department of the Interior to the definitions of “United States” and “agencies of the United States” for the purposes of provisions regarding cooperation between conservation districts and those agencies of the United States.

      In section 10 of this bill, the Legislature recognizes the importance of locally led efforts for the conservation of natural resources and pledges to strive to provide appropriations to conservation districts at levels comparable to the appropriations provided to similar districts in other western states.

      Existing law authorizes the creation of weed control districts, which are governed by a board of directors appointed by the applicable board of county commissioners. (NRS 555.203, 555.207) Section 15 of this bill authorizes a board of county commissioners and the supervisors of a conservation district to enter into an agreement under which the supervisors of the conservation district serve, ex officio, as the directors of a weed control district that lies entirely within the conservation district. The supervisors must ensure that the money of the weed control district is expended only for the purposes of the statutory provisions relating to weed control districts.

 


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ê2015 Statutes of Nevada, Page 1982 (Chapter 353, SB 476)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 548 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2. It is hereby declared, as a matter of legislative determination, that conservation districts may be recognized as having special expertise regarding local conditions, conservation of renewable natural resources and the coordination of local programs which makes conservation districts uniquely suitable to serve as cooperating agencies for the purpose of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., and any other federal laws regarding land management, and to provide local government coordination for the purposes of the Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1701 et seq., and any other federal laws regarding land management.

      Sec. 3. As used in sections 3 to 7, inclusive, of this act, “parcel” has the meaning ascribed to it in NRS 361A.065.

      Sec. 4. 1.  Subject to the provisions of sections 5 and 5.5 of this act, and only after receiving the approval of a majority of the registered voters of the conservation district voting on the question at a primary, general or special election held pursuant to section 5 of this act or at an election conducted by mail pursuant to section 5.5 of this act:

      (a) If a conservation district includes land lying in only one county, the board of county commissioners of the county shall impose, on behalf of the conservation district, an annual fee of not more than $25 on each parcel in the conservation district; and

      (b) If a conservation district includes land lying in more than one county, the boards of county commissioners of the respective counties shall impose, on behalf of the conservation district, an annual fee of not more than $25 on each parcel in the conservation district.

      2.  A fee imposed pursuant to subsection 1 must be collected as are other fees and taxes imposed by the board of county commissioners are collected. A board of county commissioners that imposes the fee shall establish a separate fund in the county treasury for the receipt and expenditure of and accounting for the proceeds of the fee.

      3.  Money collected pursuant to this section may be used only for the purposes of this chapter.

      Sec. 5. 1.  A board of county commissioners shall submit to the voters a question of whether to impose a fee described in section 4 of this act upon receipt of a petition requesting the election and prescribing the amount of the proposed fee. The petition must be signed by a majority of the supervisors of the conservation district or not less than 10 percent of the registered voters of the conservation district. The board of county commissioners shall direct the county clerk of the county or the county clerk’s designee to conduct an election on the question.

      2.  If a conservation district includes land lying in more than one county, the petition described in subsection 1 must be submitted to the board of county commissioners of each such county and each respective board of county commissioners shall submit the question to the registered voters of the conservation district who live in the county. Each respective board of county commissioners shall direct the county clerk of the county or the county clerk’s designee to conduct an election on the question.

 


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ê2015 Statutes of Nevada, Page 1983 (Chapter 353, SB 476)ê

 

board of county commissioners shall direct the county clerk of the county or the county clerk’s designee to conduct an election on the question. The county clerks of the respective counties shall confer and delegate to the county clerk, or the county clerk’s designee, of the county having the greatest number of qualified electors of the conservation district the duty of carrying out the provisions of this section and shall reimburse that county on a pro rata basis for their respective counties’ shares of the expenses of conducting the election.

      3.  Notice of an election or elections on the question of whether to impose a fee described in section 4 of this act must be:

      (a) Published at least once each week for 4 weeks before the date of the election in a newspaper of general circulation in the county or counties in which the election or elections are to be held; and

      (b) Posted continuously on the Internet website of the county or counties beginning not less than 30 days before the date of the election.

      4.  At the election, the ballot must contain the words “Shall a fee of not more than $_____ per parcel be approved for the conservation district?” or words equivalent thereto.

      5.  If a majority of the registered voters of the conservation district voting on the question approve the imposition of the fee, the fee must be imposed beginning on July 1 of the year next following the election or elections.

      Sec. 5.5. 1.  In lieu of conducting the election required by section 4 of this act at a primary, general or special election pursuant to section 5 of this act, the board or boards of county commissioners, as applicable, may direct that the election be conducted by mail in accordance with this section. Except as otherwise provided in this section, the provisions of section 5 of this act govern an election conducted pursuant to this section.

      2.  If the election is conducted by mail:

      (a) The board or boards of county commissioners, as applicable, shall establish the date by which marked mailing ballots must be mailed by voters to the county clerk or the county clerk’s designee pursuant to paragraph (c). That date is the date of the election for the purposes of subsection 3 of section 5 of this act.

      (b) On or after the first date of publication or posting, whichever occurs first, of the notice required by subsection 3 of section 5 of this act, but not later than 5 business days after that date, the county clerk or the county clerk’s designee shall cause to be mailed to each registered voter in the conservation district:

             (1) An official mailing ballot;

             (2) A return envelope; and

             (3) Instructions regarding the manner of marking and returning the ballot. The instructions must set forth the date established pursuant to paragraph (a) by which the ballot must be mailed by the voter to the county clerk or the county clerk’s designee.

      (c) Upon receipt of a mailing ballot, the registered voter must, in accordance with the instructions, mark and fold the ballot, deposit and seal the ballot in the return envelope, affix his or her signature on the back of the envelope and mail the envelope to the county clerk or the county clerk’s designee. The ballot shall be deemed timely mailed if the envelope is postmarked not later than 3 business days after the date established pursuant to paragraph (a) by which the ballot must be mailed.

 


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ê2015 Statutes of Nevada, Page 1984 (Chapter 353, SB 476)ê

 

      (d) At the close of polling, the county clerk or the county clerk’s designee shall appoint three electors who are not supervisors of the conservation district to act, without pay, as judges and tellers to open the envelopes and count the votes.

      3.  If a majority of the electors of the conservation district voting on the question at an election conducted pursuant to this section approve the imposition of the fee, the fee must be imposed beginning on July 1 of the year next following the election.

      Sec. 6. A fee imposed pursuant to sections 4, 5 and 5.5 of this act, as applicable, may not be increased, decreased or eliminated except according to the same procedures prescribed in sections 4, 5 and 5.5 of this act, as applicable, for imposing the fee.

      Sec. 7. A board of county commissioners may appropriate money from the county general fund to a conservation district for the purpose of providing programs for renewable natural resources regardless of whether a fee is imposed pursuant to sections 4, 5 and 5.5 of this act, as applicable.

      Sec. 8. NRS 548.020 is hereby amended to read as follows:

      548.020  “Agencies of the United States” includes the United States of America, the [Soil] Natural Resources Conservation Service and the Forest Service of the United States Department of Agriculture, the Bureau of Land Management and the Fish and Wildlife Service of the United States Department of the Interior, and any other agency or instrumentality, corporate or otherwise, of the United States of America.

      Sec. 9. NRS 548.090 is hereby amended to read as follows:

      548.090  “United States” includes the United States of America, the [Soil] Natural Resources Conservation Service and the Forest Service of the United States Department of Agriculture, the Bureau of Land Management and the Fish and Wildlife Service of the United States Department of the Interior, and any other agency or instrumentality, corporate or otherwise, of the United States of America.

      Sec. 10. NRS 548.105 is hereby amended to read as follows:

      548.105  1.  It is hereby declared, as a matter of legislative determination, that persons in local communities are best able to provide basic leadership and direction for the planning and accomplishment of the conservation and development of renewable natural resources through organization and operation of conservation districts.

      2.  Recognizing the importance of locally led efforts for the conservation of renewable natural resources, the Legislature will strive to provide appropriations to conservation districts at a level comparable to the appropriations provided to similar districts in other western states.

      Sec. 11. NRS 548.195 is hereby amended to read as follows:

      548.195  1.  After such hearing, if the Commission determines, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a conservation district to function in the territory considered at the hearing, the Commission shall make and record such determination, and shall determine the township or townships to be included in the district.

      2.  In making such determination, the Commission shall give due weight and consideration to:

      (a) The topography of the area considered and of the State.

      (b) The composition of soils therein.

 


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ê2015 Statutes of Nevada, Page 1985 (Chapter 353, SB 476)ê

 

      (c) The distribution of erosion.

      (d) The prevailing land use practices.

      (e) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries.

      (f) The relation of the proposed area to existing watersheds and agricultural regions, and to other conservation districts already organized or proposed for organization under the provisions of this chapter.

      (g) Such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.

      3.  After consideration of the petition and of any other evidence of interest in the organization of a district, and of the relevant factors regarding the need for a district to function in the territory being considered, the Commission may make the determination of such need without holding a hearing.

      Sec. 12. NRS 548.215 is hereby amended to read as follows:

      548.215  1.  The Commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district is administratively practicable and feasible.

      2.  If the Commission determines that the operation of such district is not administratively practicable and feasible, the Commission shall record such determination and deny the petition.

      3.  If the Commission determines that the operation of the district is administratively practicable and feasible, the Commission shall record such determination and shall proceed with the organization of the district in the manner provided in this chapter. The Commission shall not determine that the operation of the proposed district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the creation of the district are cast in favor of the creation of such district.

      4.  In making such determination, the Commission shall give due regard and weight to:

      (a) The attitudes of the occupiers of lands lying within the defined boundaries.

      (b) The number of eligible registered voters who voted in the referendum.

      (c) The proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast.

      (d) The approximate wealth and income of the land occupiers of the proposed district.

      (e) The probable expense of carrying on erosion-control operations within such district.

      (f) Such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.

      Sec. 13. NRS 548.430 is hereby amended to read as follows:

      548.430  The regulations to be adopted by the Commission under the provisions of NRS 548.410 to 548.435, inclusive, may include:

      1.  Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dikes, dams, ponds, ditches and other necessary structures.

 


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ê2015 Statutes of Nevada, Page 1986 (Chapter 353, SB 476)ê

 

      2.  Provisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation, and reforestation.

      3.  Specifications of cropping programs and tillage practices to be observed.

      4.  Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on.

      5.  Provisions for such other means, measures, operations, and programs as may assist conservation of renewable natural resources and prevent or control soil erosion and sedimentation in the conservation district, having due regard to the legislative findings set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.

      Sec. 14. NRS 548.535 is hereby amended to read as follows:

      548.535  1.  The Commission shall consider the information and facts presented in the petition and brought out in any public hearings that may be held and the result of the referendum if one is held, and shall thereafter determine whether the continued operation of the district is administratively practicable and feasible.

      2.  If the Commission determines that the continued operation of such district is administratively practicable and feasible, the Commission shall record such determination and deny the petition. The Commission shall not determine that the continued operation of the district is administratively practicable and feasible unless the number of petitioners comprises less than a majority of the registered voters in the district or unless at least a majority of the votes cast in the referendum were cast in favor of the continuance of such district.

      3.  If the Commission determines that the continued operation of the district is not administratively practicable and feasible, the Commission shall record such determination and shall certify such determination to the supervisors of the district.

      4.  In making such determination the Commission shall give due regard and weight to:

      (a) The attitudes of the occupiers of lands lying within the district.

      (b) The number of eligible registered voters who voted in the referendum.

      (c) The proportion of petitioners to the total number of land occupiers in the district, and the proportion of the votes cast in favor of the discontinuance of the district to the total number of votes cast.

      (d) The approximate wealth and income of the land occupiers of the district.

      (e) The probable expense of carrying on erosion-control operations within such district.

      (f) Such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings as set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.

      Sec. 15. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the area included in a weed control district is entirely within the boundaries of one county and entirely within the boundaries of one conservation district organized pursuant to chapter 548 of NRS, the board of county commissioners of the county and the supervisors of the conservation district may enter into an agreement for the supervisors of the conservation district to serve, ex officio, as the board of directors of the weed control district.

 


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ê2015 Statutes of Nevada, Page 1987 (Chapter 353, SB 476)ê

 

conservation district organized pursuant to chapter 548 of NRS, the board of county commissioners of the county and the supervisors of the conservation district may enter into an agreement for the supervisors of the conservation district to serve, ex officio, as the board of directors of the weed control district. If, as a result of a change in boundaries, the area included in a weed control district is no longer entirely within the boundaries of one county and entirely within the boundaries of one conservation district organized pursuant to chapter 548 of NRS, the supervisors of the conservation district may no longer serve, ex officio, as the board of directors of the weed control district, and the supervisors of the weed control district must be appointed pursuant to NRS 555.205.

      2.  An agreement entered into pursuant to subsection 1 may be terminated by mutual agreement of the board of county commissioners and the supervisors of the conservation district. If an agreement is terminated pursuant to this section, the board of directors of the weed control district must be appointed pursuant to NRS 555.205.

      3.  The supervisors of a conservation district serving ex officio as the board of directors of a weed control district pursuant to this section shall ensure that any money collected by the weed control district pursuant to an assessment levied pursuant to NRS 555.215, and any other money appropriated or granted to the weed control district from any source, is expended only for the purposes of this section and NRS 555.202 to 555.220, inclusive.

      Sec. 16. NRS 555.205 is hereby amended to read as follows:

      555.205  Except as otherwise provided in section 15 of this act:

      1.  The board of county commissioners of any county in which a weed control district has been created shall appoint a board of directors of the district composed of three or five persons who:

      (a) Are landowners in the district, whether or not they signed the petition for its creation. For the purpose of this paragraph, if any corporation or partnership owns land in the district, a partner or a director, officer or beneficial owner of 10 percent or more of the stock of the corporation shall be deemed a landowner.

      (b) Fairly represent the agricultural economy of the district.

      2.  If the district includes lands situated in more than one county, the board of county commissioners shall appoint at least one member of the board of directors from each county in which one-third or more of the lands are situated.

      3.  The initial appointments to the board of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent appointment shall be for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term.

      4.  In addition to other causes provided by law, a vacancy is created on the board if any director:

      (a) Ceases to be a landowner in the district.

      (b) Is absent, unless excused, from three meetings of the board.

      5.  If, as a result of a change in the boundaries of the district, a county becomes entitled to a new member of the board of directors pursuant to subsection 2, the board of county commissioners shall make the new appointment upon the first expiration of the term of a current member thereafter.

 


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ê2015 Statutes of Nevada, Page 1988 (Chapter 353, SB 476)ê

 

      Sec. 17. NRS 555.220 is hereby amended to read as follows:

      555.220  Any person violating any of the provisions of NRS 555.202 to 555.210, inclusive, and section 15 of this act, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the State Quarantine Officer, in accordance with the provisions of NRS 555.202 to 555.210, inclusive, and section 15 of this act is guilty of a misdemeanor.

      Sec. 18.  This act becomes effective on July 1, 2015.

________

CHAPTER 354, SB 477

Senate Bill No. 477–Committee on Government Affairs

 

CHAPTER 354

 

[Approved: June 4, 2015]

 

AN ACT relating to structures; authorizing the governing body of a county or incorporated city in this State to adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in certain larger single-family residences; providing limitations on the authority of the governing body of a county or incorporated city in this State to adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in certain other single-family residences; prohibiting the governing body of a county or incorporated city in this State from adopting a building code or taking any other action that requires the installation of an automatic fire sprinkler system in certain structures or portions thereof used primarily for agricultural, livestock or equestrian activities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the governing body of any county or incorporated city in this State is authorized to adopt a building code that specifies the design, soundness and materials of structures. (NRS 278.580) Section 1 of this bill specifically authorizes such a governing body to adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new single-family residence that has an area of livable space of 5,000 square feet or more. Section 1 provides that, on or after July 1, 2015, a governing body may adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new single-family residence that has an area of livable space of less than 5,000 square feet only if the governing body: (1) conducts an independent cost-benefit analysis of the proposed requirement to install an automatic fire sprinkler system; and (2) makes certain findings at a public hearing. Section 1 provides that a governing body may require the installation of an automatic fire sprinkler system in such a residence without conducting the cost-benefit analysis and making the findings otherwise required by section 1 if, with regard to any particular single-family residence, the governing body determines at a public hearing that the unique characteristics or location of the residence would cause an unreasonable delay in firefighter response time. Additionally, section 1 prohibits a governing body from adopting a building code or taking any other action that requires the installation of an automatic fire sprinkler system in a structure other than a residential dwelling unit, regardless of whether the structure is located on public or private property, if the structure: (1) is covered but not completely enclosed; (2) is used primarily for agricultural, livestock or equestrian activities; (3) has spectator seating situated around the perimeter of the structure; and (4) is otherwise in compliance with all relevant building codes concerning exits and fire alarm systems.

 


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ê2015 Statutes of Nevada, Page 1989 (Chapter 354, SB 477)ê

 

covered but not completely enclosed; (2) is used primarily for agricultural, livestock or equestrian activities; (3) has spectator seating situated around the perimeter of the structure; and (4) is otherwise in compliance with all relevant building codes concerning exits and fire alarm systems.

      Section 6 of this bill provides that: (1) with certain exceptions, the amendatory provisions of section 1 do not prohibit the enforcement of any building code, ordinance, regulation or rule which requires the installation of an automatic fire sprinkler system that was adopted by a governing body before January 1, 2015; (2) any building code, ordinance, regulation or rule which requires the installation of an automatic fire sprinkler system that was adopted by a governing body before January 1, 2015, but which makes such a requirement effective upon the occurrence of an event that has not occurred before January 1, 2015, is void and unenforceable; and (3) any building code, ordinance, regulation or rule which requires the installation of an automatic fire sprinkler system that was adopted by a governing body on or after January 1, 2015, but on or before June 30, 2015, is void and unenforceable.

 

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

      1.  A governing body may adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of 5,000 square feet or more.

      2.  Except as otherwise provided in subsection 3, a governing body may, on or after July 1, 2015, adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet only if, before adopting the building code or taking the action, the governing body:

      (a) Conducts an independent cost-benefit analysis of the adoption of a building code or the taking of any other action by the governing body that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet; and

      (b) Makes a finding at a public hearing that, based on the independent cost-benefit analysis conducted pursuant to paragraph (a), adoption of the building code or the taking of any other action by the governing body that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet is to the benefit of the owners of the residential dwelling units to which the requirement would be applicable and that such benefit exceeds the costs related to the installation of automatic fire sprinkler systems in such residential dwelling units.

      3.  A governing body may require the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet without conducting the analysis or making the findings required by subsection 2 if the governing body makes a determination at a public hearing that the unique characteristics or the location of the residential dwelling unit, when compared to residential dwelling units of comparable size or location within the jurisdiction of the governing body, would cause an unreasonable delay in firefighter response time.

 


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ê2015 Statutes of Nevada, Page 1990 (Chapter 354, SB 477)ê

 

residential dwelling units of comparable size or location within the jurisdiction of the governing body, would cause an unreasonable delay in firefighter response time. In making such a determination, the governing body may consider:

      (a) The availability of water for use by firefighters in the area in which the residential dwelling unit is located;

      (b) The availability to firefighters of access to the residential dwelling unit;

      (c) The topography of the area in which the residential dwelling unit is located; and

      (d) The availability of firefighting resources in the area in which the residential dwelling unit is located.

      4.  A governing body shall not adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a structure other than a residential dwelling unit or any portion of such a structure, whether located on public or private property:

      (a) That is covered but not completely enclosed;

      (b) That is used primarily for agricultural, livestock or equestrian activities;

      (c) That has spectator seating situated around the perimeter of the structure or portion thereof; and

      (d) Which is otherwise in compliance with all relevant building codes concerning exits and fire alarm systems.

      5.  The provisions of this section do not prohibit:

      (a) A local government from enforcing an agreement for the development of land which requires the installation of an automatic fire sprinkler system in any residential dwelling unit; or

      (b) A person from installing an automatic fire sprinkler system in a structure described in subsection 4 or any residential dwelling unit.

      6.  As used in this section:

      (a) “Automatic fire sprinkler system” has the meaning ascribed to it in NRS 202.580.

      (b) “Residential dwelling unit” does not include a condominium unit, an apartment unit or a townhouse unit that shares a common wall with more than one other such unit.

      Sec. 2. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 278.580 is hereby amended to read as follows:

      278.580  1.  Subject to the limitation set forth in NRS 244.368, and section 1 of this act, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.

      2.  The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada or the Nevada System of Higher Education, except that such entities may enter into a contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada or the Nevada System of Higher Education.

 


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ê2015 Statutes of Nevada, Page 1991 (Chapter 354, SB 477)ê

 

governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada or the Nevada System of Higher Education.

      3.  Notwithstanding any other provision of law, the State and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.

      4.  A governing body shall amend its building codes and, if necessary, its zoning ordinances and regulations to permit the use of:

      (a) Straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure; and

      (b) Systems which use solar or wind energy to reduce the costs of energy for a structure if such systems and structures are otherwise in compliance with applicable building codes and zoning ordinances, including those relating to the design, location and soundness of such systems and structures,

Ê to the extent the local climate allows for the use of such materials, technologies, resources and systems.

      5.  The amendments required by subsection 4 may address, without limitation:

      (a) The inclusion of characteristics of land and structures that are most appropriate for the construction and use of systems using solar and wind energy.

      (b) The recognition of any impediments to the development of systems using solar and wind energy.

      (c) The preparation of design standards for the construction, conversion or rehabilitation of new and existing systems using solar and wind energy.

      6.  A governing body shall amend its building codes to include:

      (a) The seismic provisions of the International Building Code published by the International Code Council; and

      (b) Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.

      Sec. 4. NRS 244.3675 is hereby amended to read as follows:

      244.3675  Subject to the limitations set forth in NRS 244.368, 278.02315, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, and section 1 of this act, the boards of county commissioners within their respective counties may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

      2.  Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 5. NRS 268.413 is hereby amended to read as follows:

      268.413  Subject to the limitations contained in NRS 244.368, 278.02315, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, and section 1 of this act, the city council or other governing body of an incorporated city may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

 


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ê2015 Statutes of Nevada, Page 1992 (Chapter 354, SB 477)ê

 

      2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, those fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 6.  1.  Except as otherwise provided in subsection 2, the amendatory provisions of section 1 of this act do not prohibit the enforcement by the governing body of a county or incorporated city in this State of any building code, ordinance, regulation or rule adopted by the governing body before January 1, 2015, which requires the installation of an automatic fire sprinkler system specified in section 1 of this act.

      2.  Any building code, ordinance, regulation or rule adopted by the governing body of a county or incorporated city in this State before January 1, 2015, which requires the installation of an automatic fire sprinkler system specified in section 1 of this act and is effective upon the occurrence of any event, including, without limitation, the issuance of a certain number of building permits by the governing body, is hereby declared void and may not be enforced by the governing body if the event upon which the requirement for the installation of an automatic fire sprinkler system is effective did not occur before January 1, 2015.

      3.  Any building code, ordinance, regulation or rule adopted by the governing body of a county or incorporated city in this State on or after January 1, 2015, but on or before June 30, 2015, which requires the installation of an automatic fire sprinkler system specified in section 1 of this act is hereby declared void and may not be enforced by the governing body.

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

________

CHAPTER 355, SB 510

Senate Bill No. 510–Committee on Legislative Operations and Elections

 

CHAPTER 355

 

[Approved: June 4, 2015]

 

AN ACT relating to the State Personnel System; revising the provisions governing the right of certain employees of the Legislative Branch of the State Government to transfer to positions in the classified service of the State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that certain unclassified employees of the Executive Branch of the State Government and certain employees of the Judicial and Legislative Branches are entitled to transfer to positions having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service. Such an employee is exempt from any requirement of a competitive examination and is entitled to: (1) retain credits for annual and sick leave and longevity; and (2) priority on the lists of eligible persons, to the extent that those privileges are accorded to employees transferring within the classified service. (NRS 284.3775) This bill revises those provisions so that an employee of the Legislative Branch who has served for 4 consecutive months is entitled to transfer to: (1) any position in the classified service having duties and compensation similar to those of the employee’s position with the Legislative Branch, as under existing law; or (2) any other position in the classified service for which the employee is qualified, regardless of the duties and compensation of the position.

 


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ê2015 Statutes of Nevada, Page 1993 (Chapter 355, SB 510)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 284.295 is hereby amended to read as follows:

      284.295  1.  Vacancies in positions must be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions must be based upon merit and fitness, to be ascertained in accordance with regulations adopted by the Commission. In such regulations, the employee’s efficiency, character, conduct and length of service must all constitute factors. For the purposes of this subsection, a person employed by the Legislative Branch of Government pursuant to subsection [5] 7 of NRS 284.3775 shall be deemed to hold the position the person held before the legislative session.

      2.  Eligibility for promotion must be determined on recommendation of the appointing authority and certification by the Administrator that the employee meets the minimum requirements and demonstrates the employee’s qualifications in accordance with regulations adopted by the Commission.

      3.  The Administrator may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist.

      4.  An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class constitutes a promotion.

      Sec. 2. NRS 284.3775 is hereby amended to read as follows:

      284.3775  1.  Except as otherwise provided in this section, employees of the Supreme Court, employees of the Court of Appeals [,] or employees in the unclassified service of the Executive Branch of the Government of the State of Nevada [, or employees of the Legislative Branch of the Government of the State of Nevada] who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.

      2.  An employee of the Legislative Branch of the Government of the State of Nevada who has served for 4 consecutive months or more is entitled to transfer to:

      (a) Any position in the classified service of the State having similar duties and compensation; or

      (b) Any other position in the classified service of the State for which the employee is qualified, without regard to the duties and compensation of the position.

Ê Except as otherwise provided in this subsection and subsection 6, such an employee is entitled to transfer to such a position on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.

      3.  The benefit conferred by [this subsection] subsections 1 and 2 includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

 


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ê2015 Statutes of Nevada, Page 1994 (Chapter 355, SB 510)ê

 

      [2.]4.  Except as otherwise provided in subsection [4,] 6, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.

      [3.]5.  Except as otherwise provided in this subsection and subsection [4,] 6, a person may not transfer pursuant to subsection 1 to a class composed of:

      (a) Professionally qualified persons; or

      (b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.

Ê A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.

      [4.]6.  The restrictions provided in subsections [2] 4 and [3] 5 do not apply to [an] :

      (a) An employee of the Legislative Branch of Government; or

      (b) An employee of the Supreme Court, an employee of the Court of Appeals [,] or an employee in the unclassified service of the Executive Branch of Government [or an employee of the Legislative Branch of Government] whose appointment to that position was immediately preceded by an appointment in the classified service, except that [such] an employee described in this paragraph may only transfer to a position in the classified service that has duties and compensation that are similar either to the employee’s current position or to a position the employee previously held in the classified service.

      [5.]7.  An employee in the classified service of the State who is granted leave without pay to accept a position in the Legislative Branch of Government during a regular or special session:

      (a) Is entitled to be restored to the employee’s previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if the employee had not taken the leave.

      (b) Is eligible to fill vacancies in positions within the classified service to the extent that the employee would be eligible if the employee was not on leave from the employee’s position in the classified service.

      [6.]8.  An employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection [1] 2 to transfer to a position [having similar duties and compensation] in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employee’s employment with the Legislative Branch of Government before that date.

      9.  For the purposes of this section, the weekly compensation of [a person] an employee of the Legislative Branch of Government who is paid a daily salary during a legislative session is seven times the daily salary.

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

________

 


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ê2015 Statutes of Nevada, Page 1995ê

 

CHAPTER 356, AB 12

Assembly Bill No. 12–Committee on Judiciary

 

CHAPTER 356

 

[Approved: June 4, 2015]

 

AN ACT relating to criminal offenders; providing for the continuation of the diversion program that allows certain probation violators to receive treatment for alcohol or drug abuse or mental illness in lieu of revocation of probation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2011, the Legislature directed the Department of Corrections to establish a pilot diversion program to provide treatment for alcohol or drug abuse or mental illness to certain probation violators in lieu of revocation of probation. The provisions authorizing the pilot program expire by limitation on July 1, 2015. (Chapter 433, Statutes of Nevada 2011, p. 2627) This bill removes the prospective expiration of the authorization for the program, thereby establishing a permanent program.

 

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. Section 11 of chapter 433, Statutes of Nevada 2011, at page 2629, is hereby amended to read as follows:

       Sec. 11.  This act becomes effective upon passage and approval . [and expires by limitation on July 1, 2015.]

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

________

CHAPTER 357, AB 163

Assembly Bill No. 163–Assemblymen Hansen, Oscarson, Wheeler; Dickman, Ellison and Titus

 

Joint Sponsors: Senators Gustavson; and Settelmeyer

 

CHAPTER 357

 

[Approved: June 4, 2015]

 

AN ACT relating to fire protection; providing for the creation of rangeland fire protection associations; authorizing certain boards to approve a petition to create a rangeland fire protection association; providing for the evaluation of such an association by the authorizing board and the State Forester Firewarden; requiring the State Forester Firewarden to adopt regulations and develop recommendations relating to the formation, operation and training of the members of such an association; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 1996 (Chapter 357, AB 163)ê

 

Legislative Counsel’s Digest:

      Sections 3, 7.5 and 7.7 of this bill authorize a board of county commissioners, board of directors of a county fire protection district or board of fire commissioners of certain other districts to approve a petition submitted by any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within the county or district to create a rangeland fire protection association if the petitioners meet certain requirements. Sections 3, 7.5 and 7.7 additionally provide for the routine evaluation of such an association by the authorizing board in cooperation with the State Forester Firewarden during the term of a cooperative agreement based on certain criteria and requires the State Forester Firewarden to adopt regulations and develop recommendations relating to the formation, operation and training of the members of such an association.

      Existing law authorizes fire protection districts, the State Forester Firewarden and a board of county commissioners to enter into certain cooperative agreements for the purpose of providing fire protection services in this State. (NRS 472.050-472.070) Sections 4-6, 8 and 9 of this bill authorize fire protection districts, the State Forester Firewarden and a board of county commissioners to enter into such agreements with a rangeland fire protection 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. Chapter 472 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the term “rangeland fire protection association” means a nonprofit association formed for the purpose of protecting rangeland from wildfire pursuant to section 3, 7.5 or 7.7 of this act, as applicable.

      Sec. 3. 1.  Except as otherwise provided in sections 7.5 and 7.7 of this act, any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or occupy property within a county in this State may establish a rangeland fire protection association by petitioning the board of county commissioners of the county in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.

      2.  A board of county commissioners may approve a petition submitted pursuant to subsection 1 if the petitioners:

      (a) Meet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

      (b) Provide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association meets all the applicable requirements set forth in the regulations adopted by the State Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.

      3.  A board of county commissioners, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:

 


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ê2015 Statutes of Nevada, Page 1997 (Chapter 357, AB 163)ê

 

      (a) The governance and management structure of the association;

      (b) The adequacy of any policy of liability insurance carried by the association;

      (c) The condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and

      (d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the State Forester Firewarden.

      4.  A board of county commissioners may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of county commissioners the results of any such delegated evaluation.

      5.  The board of county commissioners, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.

      6.  The provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.

      Sec. 3.5. 1.  The State Forester Firewarden shall adopt regulations governing a rangeland fire protection association established pursuant to section 3 of this act setting forth:

      (a) The requirements for the formation of such a rangeland fire protection association, including the governance and management structure of an association;

      (b) The scope of the operations which may be conducted by such an association;

      (c) The training requirements for the members of such an association;

      (d) The amount of liability insurance that must be carried by such an association; and

      (e) Any financial requirements for the formation and operation of such an association.

      2.  The State Forester Firewarden shall develop recommendations concerning the formation, operation and training of the members of a rangeland fire protection association established pursuant to section 7.5 or 7.7 of this act. Such recommendations must address the topics set forth in subsection 1.

      Sec. 4. NRS 472.050 is hereby amended to read as follows:

      472.050  1.  The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, rangeland fire protection associations and other organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.

 


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ê2015 Statutes of Nevada, Page 1998 (Chapter 357, AB 163)ê

 

the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.

      2.  Any federal money allotted to the State of Nevada under the terms of the federal agreements and such other money as may be received by the State for the management and protection of forests and watershed areas therein shall be deposited in the Division of Forestry Account in the State General Fund.

      Sec. 5. NRS 472.060 is hereby amended to read as follows:

      472.060  Any fire protection district and board or boards of county commissioners of the State of Nevada may:

      1.  Enter into cooperative agreements with the State Forester Firewarden subject to the approval of the Director of the State Department of Conservation and Natural Resources, acting for the State, and with other counties, rangeland fire protection associations and other organizations and individuals, to prevent and suppress outdoor fires.

      2.  Appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression , [;] for the purchase, construction and maintenance of forest protection improvements and equipment [;] and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the Division of Forestry incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.

      Sec. 6. NRS 472.070 is hereby amended to read as follows:

      472.070  The State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, [and] other fire protection agencies [,] and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the agency or association concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

      Sec. 7. Chapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 7.2, 7.5 and 7.7 of this act.

      Sec. 7.2. As used in this chapter, unless the context otherwise requires, the term “rangeland fire protection association” has the meaning ascribed to it in section 2 of this act.

      Sec. 7.5. 1.  Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a county fire protection district organized pursuant to NRS 474.010 to 474.450, inclusive, may establish a rangeland fire protection association by petitioning the board of directors of the county fire protection district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.

 


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ê2015 Statutes of Nevada, Page 1999 (Chapter 357, AB 163)ê

 

      2.  The board of directors of a county fire protection district may approve a petition submitted pursuant to subsection 1 if the petitioners:

      (a) Meet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

      (b) Provide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association complies with the recommendations developed by the State Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.

      3.  The board of directors of a county fire protection district, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:

      (a) The governance and management structure of the association;

      (b) The adequacy of any policy of liability insurance carried by the association;

      (c) The condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and

      (d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the county fire protection district.

      4.  The board of directors of a county fire protection district may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of directors of the county fire protection district the results of any such delegated evaluation.

      5.  The board of directors of a county fire protection district, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.

      6.  The provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.

      Sec. 7.7. 1.  Any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a district organized pursuant to NRS 474.460 may establish a rangeland fire protection association by petitioning the board of fire commissioners of the district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.

      2.  The board of fire commissioners of the district may approve a petition submitted pursuant to subsection 1 if the petitioners:

      (a) Meet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.

      (b) Provide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association complies with the recommendations developed by the State Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.

 


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ê2015 Statutes of Nevada, Page 2000 (Chapter 357, AB 163)ê

 

Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.

      3.  The board of fire commissioners of a district organized pursuant to NRS 474.460, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:

      (a) The governance and management structure of the association;

      (b) The adequacy of any policy of liability insurance carried by the association;

      (c) The condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and

      (d) The training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the district.

      4.  The board of fire commissioners of a district organized pursuant to NRS 474.460 may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of fire commissioners the results of any such delegated evaluation.

      5.  The board of fire commissioners of a district organized pursuant to NRS 474.460, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.

      6.  The provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.

      Sec. 8. NRS 474.163 is hereby amended to read as follows:

      474.163  1.  The board of directors of a county fire protection district may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the district and perform such other duties as may be designated by the board of directors. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other fire protection agencies [.] and rangeland fire protection associations.

      2.  In lieu of or in addition to the provisions of subsection 1, the board of directors may:

      (a) Provide fire protection to the county fire protection district by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 277.180 and 472.060 to 472.090, inclusive, for the furnishing of such protection to the district; or

      (b) Support volunteer fire departments within the county fire protection district for the furnishing of such protection to the district.

 


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ê2015 Statutes of Nevada, Page 2001 (Chapter 357, AB 163)ê

 

      Sec. 8.5. NRS 474.470 is hereby amended to read as follows:

      474.470  The board of fire commissioners shall:

      1.  Manage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460.

      2.  Adopt and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection thereto, which may include regulations relating to emergency medical services and fire prevention. The regulations may include provisions that are designed to protect life and property from:

      (a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and

      (b) Hazardous conditions relating to the use or occupancy of any premises.

Ê Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.

      3.  Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.

      4.  Provide for the payment of salaries to the personnel of those fire companies or fire departments.

      5.  Provide for payment from the proper fund of all the debts and just claims against the districts.

      6.  Employ agents and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.

      7.  Acquire real or personal property necessary for the purposes of the districts and dispose of the property if no longer needed.

      8.  Construct any necessary structures.

      9.  Acquire, hold and possess, by donation or purchase, any land or other property necessary for the purpose of the districts.

      10.  Eliminate and remove fire hazards from the districts if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

      11.  Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive [.] , and section 7.7 of this act.

      Sec. 9. NRS 474.500 is hereby amended to read as follows:

      474.500  1.  The board of fire commissioners may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the territory of the county described by NRS 474.460 and perform such other duties as may be designated by the board of fire commissioners and the State Forester Firewarden. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other existing fire protection agencies and rangeland fire protection associations and with the State Forester Firewarden for the standardization of equipment and facilities.

 


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ê2015 Statutes of Nevada, Page 2002 (Chapter 357, AB 163)ê

 

      2.  In lieu of or in addition to the provisions of subsection 1, the board of fire commissioners may:

      (a) Provide the fire protection required by NRS 474.460 to 474.540, inclusive, and section 7.7 of this act to the districts by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 472.060 to 472.090, inclusive, and 277.180, for the furnishing of such protection to the districts; or

      (b) Support volunteer fire departments within districts organized under the provisions of NRS 474.460 to 474.540, inclusive, and section 7.7 of this act for the furnishing of such protection to the districts.

      Sec. 10.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      2.  For all other purposes, on the earlier of:

      (a) January 1, 2016; or

      (b) The date on which the State Forester Firewarden adopts a temporary regulation, an emergency regulation or a permanent regulation pursuant to chapter 233B of NRS and section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.

________

CHAPTER 358, AB 473

Assembly Bill No. 473–Committee on Ways and Means

 

CHAPTER 358

 

[Approved: June 4, 2015]

 

AN ACT relating to governmental administration; requiring the appointment of an additional Deputy Director of the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the State Department of Conservation and Natural Resources, consisting of a Director who is appointed by the Governor and several divisions and commissions. (NRS 232.050, 232.090) Under existing law, the Director is required to appoint one Deputy Director of the Department and to assign his or her duties. (NRS 232.055) This bill requires the Director to appoint two Deputy Directors, rather than one, and to assign each of their duties.

 

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 232.055 is hereby amended to read as follows:

      232.055  1.  The Director shall appoint [one] two Deputy [Director] Directors of the Department and shall assign each Deputy Director his or her duties.

 


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ê2015 Statutes of Nevada, Page 2003 (Chapter 358, AB 473)ê

 

      2.  [The] Each Deputy Director is in the unclassified service of the State.

      3.  Except as otherwise provided in NRS 284.143, [the] each Deputy Director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.

      Sec. 2.  As soon as practicable after July 1, 2015, the Director of the State Department of Conservation and Natural Resources shall appoint one additional Deputy Director of the Department pursuant to NRS 232.055, as amended by section 1 of this act.

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

________

CHAPTER 359, SB 50

Senate Bill No. 50–Committee on Commerce, Labor and Energy

 

CHAPTER 359

 

[Approved: June 4, 2015]

 

AN ACT relating to contractors; deleting the requirement that the State Contractors’ Board establish an advisory committee concerning the classification of licensure of persons who install or maintain building shell insulation or thermal system insulation; revising the circumstances under which a natural person may qualify on behalf of another for more than one active contractor’s license; requiring such a person to possess good character; expanding the acts which constitute cause for disciplinary action against a licensee to include certain international codes; expanding the circumstances under which an injured person is not eligible for recovery from the Recovery Fund; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that the State Contractors’ Board establish an advisory committee to make recommendations to the Board concerning the licensure of persons who install and maintain building shell or thermal system installation. (NRS 624.100) Section 1 of this bill deletes this requirement.

      Existing law requires an applicant for a license as a contractor to demonstrate certain experience or knowledge. Existing law also provides that an applicant may qualify in regard to such knowledge and experience by the appearance of another person on behalf of the applicant. (NRS 624.260) Section 2 of this bill authorizes the Board to inquire into and consider that other person’s previous experience and certain legal actions against them. Section 2 also allows a natural person to qualify on behalf of more than one licensee if the licensee is a corporation for public benefit.

      Existing law requires that the Board establish the financial responsibility of an applicant or licensee seeking renewal. (NRS 624.236) Section 3 of this bill allows the Board to inquire into and consider the financial responsibility of a person who qualifies on behalf of the applicant or licensee in making a determination of financial responsibility. Existing law requires that the Board establish the good character of an applicant or licensee seeking renewal. (NRS 624.265) Section 4 of this bill allows the Board to request certain information from any person who qualifies on behalf of an applicant or licensee in making a determination of good character.

 


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ê2015 Statutes of Nevada, Page 2004 (Chapter 359, SB 50)ê

 

      Existing law provides that workmanship by a licensee that is not commensurate with certain codified standards is grounds for disciplinary action. (NRS 624.3017) Section 5 of this bill adds certain international building codes to those standards.

      Existing law provides that, subject to certain exceptions, certain persons who suffer actual damages as a result of the acts or omissions of a licensee may be eligible to recover damages from the Recovery Fund maintained by the Board. (NRS 624.510) Section 6 of this bill adds certain exceptions to the eligibility to recover from the Recovery Fund.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 624.100 is hereby amended to read as follows:

      624.100  1.  The Board may appoint such committees and make such reasonable bylaws, rules of procedure and regulations as are necessary to carry out the provisions of this chapter.

      2.  [Except as otherwise provided in subsection 3, the] The Board may establish advisory committees composed of its members or employees, homeowners, contractors or other qualified persons to provide assistance with respect to fraud in construction, or in any other area that the Board considers necessary.

      3.  [The Board shall establish an advisory committee to make recommendations to the Board concerning the classification of licensure of persons who install or maintain building shell insulation or thermal system insulation, including, without limitation, recommendations relating to training and continuing education.

      4.]  If an advisory committee is established, the Board shall:

      (a) Select five members for the committee from a list of volunteers approved by the Board; and

      (b) Adopt rules of procedure for informal conferences of the committee.

      [5.] 4.  If an advisory committee is established, the members:

      (a) Serve at the pleasure of the Board.

      (b) Serve without compensation, but must be reimbursed for travel expenses necessarily incurred in the performance of their duties. The rate must not exceed the rate provided for state officers and employees generally.

      (c) Shall provide a written summary report to the Board, within 15 days after the final informal conference of the committee, that includes recommendations with respect to actions that are necessary to reduce and prevent the occurrence of fraud in construction, or on such other issues as requested by the Board.

      [6.] 5.  The Board is not bound by any recommendation made by an advisory committee.

      [7.  As used in this section:

      (a) “Building shell insulation” means a product that is used as part of the building which insulates a boundary between indoor and outdoor space or conditioned and unconditioned space, including, without limitation, walls, ceilings or floors.

      (b) “Thermal system insulation” means a product that is used in a heating, ventilating, cooling, plumbing or refrigeration system to insulate any hot or cold surface, including, without limitation, a pipe, duct, valve, boiler, flue or tank, or equipment on or in a building.]

 


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ê2015 Statutes of Nevada, Page 2005 (Chapter 359, SB 50)ê

 

      Sec. 2. NRS 624.260 is hereby amended to read as follows:

      624.260  1.  The Board shall require an applicant or licensee to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the administrative principles of the contracting business as the Board deems necessary for the safety and protection of the public.

      2.  An applicant or licensee may qualify in regard to his or her experience and knowledge in the following ways:

      (a) If a natural person, the applicant or licensee may qualify by personal appearance or by the appearance of his or her responsible managing employee.

      (b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.

Ê If an applicant or licensee intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensee shall submit to the Board such information as the Board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant or licensee relating to construction.

      3.  The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he or she is a bona fide member or employee of that person or firm and when his or her principal or employer is actively engaged as a contractor shall exercise authority in connection with the principal or employer’s contracting business in the following manner:

      (a) To make technical and administrative decisions;

      (b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or herself or through others, or effectively to recommend such action on behalf of the principal or employer; and

      (c) To devote himself or herself solely to the principal or employer’s business and not to take any other employment which would conflict with his or her duties under this subsection.

      4.  If, pursuant to subsection 2, an applicant or licensee intends to qualify by the appearance of another person, the Board may inquire into and consider any previous business experience of, and any prior and pending lawsuits, liens and judgments against, the other person.

      5.  A natural person may not qualify on behalf of another for more than one active license unless:

      (a) One person owns at least 25 percent of each licensee for which the person qualifies; [or]

      (b) One licensee owns at least 25 percent of the other licensee [.] ; or

      (c) One licensee is a corporation for public benefit as defined in NRS 82.021.

      [5.]6.  Except as otherwise provided in subsection 6, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the 10 years immediately preceding the filing of the application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which the applicant is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.

 


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equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.

      [6.]7.  If the applicant who is applying for licensure has previously qualified for a contractor’s license in the same classification in which the applicant is applying for licensure, the experience required pursuant to subsection 5 need not be accrued within the 10 years immediately preceding the application.

      [7.]8.  As used in this section, “journeyman” means a person who:

      (a) Is fully qualified to perform, without supervision, work in the classification in which the person is applying for licensure; or

      (b) Has successfully completed:

             (1) A program of apprenticeship for the classification in which the person is applying for licensure that has been approved by the State Apprenticeship Council; or

             (2) An equivalent program accepted by the Board.

      Sec. 3. NRS 624.263 is hereby amended to read as follows:

      624.263  1.  The financial responsibility of a licensee or an applicant for a contractor’s license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant [,] or any person who qualifies on behalf of the licensee or applicant pursuant to subsection 2 of NRS 624.260, but the financial responsibility of [any owners or managing officers of the licensee or applicant] the following persons may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant [.] :

      (a) Any owner of the licensee or applicant;

      (b) Any managing officer of the licensee or applicant; or

      (c) Any person who qualifies on behalf of the licensee or applicant pursuant to subsection 2 of NRS 624.260.

      2.  The financial responsibility of an applicant for a contractor’s license or of a licensed contractor may be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

      (a) Amount of net worth.

      (b) Amount of liquid assets.

      (c) Amount of current assets.

      (d) Amount of current liabilities.

      (e) Amount of working capital.

      (f) Ratio of current assets to current liabilities.

      (g) Fulfillment of bonding requirements pursuant to NRS 624.270.

      (h) Prior payment and credit records.

      (i) Previous business experience.

      (j) Prior and pending lawsuits.

      (k) Prior and pending liens.

      (l) Adverse judgments.

      (m) Conviction of a felony or crime involving moral turpitude.

      (n) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.

      (o) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:

 

 


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             (1) A composition, arrangement or reorganization proceeding;

             (2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this State or the United States; or

             (3) The making of an assignment for the benefit of creditors.

      (p) Form of business organization, corporate or otherwise.

      (q) Information obtained from confidential financial references and credit reports.

      (r) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

      3.  A licensed contractor shall, as soon as it is reasonably practicable, notify the Board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (o) of subsection 2. The written notice must be accompanied by:

      (a) A copy of the petition or application filed with the court; and

      (b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.

      4.  Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the Board may require the applicant or licensee to establish financial responsibility by submitting to the Board:

      (a) A financial statement that is:

             (1) Prepared by a certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

      5.  In addition to the requirements set forth in subsection 4, the Board may require a licensee to establish financial responsibility at any time.

      6.  An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating financial responsibility to the Board, if the Board requests the applicant or licensee to do so.

      Sec. 4. NRS 624.265 is hereby amended to read as follows:

      624.265  1.  An applicant for a contractor’s license or a licensed contractor , [and] each officer, director, partner and associate thereof , and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, [or] any officer, director, partner or associate thereof, or any person who qualifies on behalf of the applicant has:

      (a) Committed any act which would be grounds for the denial, suspension or revocation of a contractor’s license;

      (b) A bad reputation for honesty and integrity;

      (c) Entered a plea of guilty, guilty but mentally ill or nolo contendere to, been found guilty or guilty but mentally ill of, or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his or her unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

 


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or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his or her unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

      (d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.

      2.  Upon the request of the Board, an applicant for a contractor’s license, [and] any officer, director, partner or associate of the applicant [,] and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicant’s fingerprints may be taken by an agent of the Board or an agency of law enforcement.

      3.  Except as otherwise provided in NRS 239.0115, the Board shall keep the results of the investigation confidential and not subject to inspection by the general public.

      4.  The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      5.  The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

      (a) Arrests;

      (b) Guilty and guilty but mentally ill pleas;

      (c) Sentencing;

      (d) Probation;

      (e) Parole;

      (f) Bail;

      (g) Complaints; and

      (h) Final dispositions,

Ê for the investigation of a licensee or an applicant for a contractor’s license.

      Sec. 5. NRS 624.3017 is hereby amended to read as follows:

      624.3017  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the [Uniform Building Code,] Uniform Plumbing Code , [or] National Electrical Code , International Building Code or International Residential Code in the form of the code most recently approved by the Board. The Board shall review each edition of the [Uniform Building Code,] Uniform Plumbing Code , [or] National Electrical Code , International Building Code or International Residential Code that is published after the 1996 edition to ensure its suitability.

 


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suitability. Each new edition of the code shall be deemed approved by the Board unless the edition is disapproved by the Board within 60 days of the publication of the code.

      2.  Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.

      3.  Advertising projects of construction beyond the scope of the license.

      Sec. 6. NRS 624.510 is hereby amended to read as follows:

      624.510  1.  Except as otherwise provided in NRS 624.490 and subsection 2, an injured person is eligible for recovery from the account if the Board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto.

      2.  An injured person is not eligible for recovery from the account if:

      (a) The injured person is [the spouse of] cohabitating with the licensee, is related to the licensee by marriage [the licensee,] or by blood in the first or second degree of consanguinity, or is a personal representative of [the spouse of] a person cohabitating with the licensee or related to the licensee by marriage [the licensee;] or by blood in the first or second degree of consanguinity;

      (b) The injured person was associated in a business relationship with the licensee other than the contract at issue; [or]

      (c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300 [.] ;

      (d) The injured person:

             (1) Applied for and obtained any building permit for the single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account; or

             (2) Constructed the residence as the owner-builder of the residence;

      (e) The claim submitted by the injured person for recovery from the account contains:

             (1) A false or misleading statement; or

             (2) A forged or altered receipt or other document which includes an improvement, upgrade or work that exceeds the scope of the contract at issue;

      (f) The injured person is a lien claimant who has not filed a lien in accordance with the provisions of NRS 108.221 to 108.246, inclusive; or

      (g) The single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account was constructed, remodeled, repaired or improved with the intent of renting, leasing or selling the residence within 1 year after the date of completion of the construction, remodeling, repair or improvement. The offering of the residence for rent, lease or sale within 1 year after that date creates a rebuttable presumption that the construction, remodeling, repair or improvement was performed with the intent to rent, lease or sell the residence.

      3.  If the Board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or NRS 624.490, the Board or its designee may pay out of the account:

 


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      (a) The amount of actual damages suffered, but not to exceed $35,000; or

      (b) If a judgment was obtained as set forth in NRS 624.490, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $35,000.

      4.  The decision of the Board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.

      5.  If the injured person has recovered a portion of his or her loss from sources other than the account, the Board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

      6.  To the extent of payments made from the account, the Board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The Board and the Attorney General shall promptly enforce all subrogation claims.

      7.  The amount of recovery from the account based upon claims made against any single contractor must not exceed $400,000.

      8.  As used in this section, “actual damages” includes attorney’s fees or costs in contested cases appealed to the appellate court of competent jurisdiction. The term does not include any other attorney’s fees or costs.

      Sec. 7.  1.  This section and section 1 of this act become effective upon passage and approval.

      2.  Sections 2 to 6, inclusive, of this act become effective on October 1, 2015.

________

CHAPTER 360, AB 451

Assembly Bill No. 451–Committee on Taxation

 

CHAPTER 360

 

[Approved: June 5, 2015]

 

AN ACT relating to public improvements; extending the prospective dissolution of the University of Nevada, Las Vegas, Campus Improvement Authority; extending the terms of the members of the Board of Directors of the Authority; enlarging the boundaries of the Authority area; revising the date on which the Board of Directors must submit for transmittal to the Legislature a report of the study concerning the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Assembly Bill No. 335 of the 2013 Legislative Session creates the University of Nevada, Las Vegas, Campus Improvement Authority as a political subdivision of this State. Assembly Bill No. 335 prescribes the boundaries of the Authority area and provides the qualifications and the procedure for the appointment of the members of the Board of Directors of the Authority. The duties of the Board of Directors include: (1) studying the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements in the Authority area; and (2) preparing and submitting for transmittal to the Legislature a report of the study, including any recommendations for legislation.

 


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report of the study, including any recommendations for legislation. Assembly Bill No. 335 provides for the dissolution of the Authority on October 1, 2015. (Chapter 507, Statutes of Nevada 2013, p. 3299) Section 1 of this bill enlarges the boundaries of the Authority area to include all parcels of property that are located not more than 1 1/2 miles from any property currently located within the boundaries of the Authority area. Section 6 of this bill extends the prospective dissolution of the Authority from October 1, 2015, to October 1, 2017. Section 2 of this bill extends the terms of the members of the Board of Directors from 2 years to 4 years. Section 4 of this bill retroactively extends the date by which the Board of Directors is required to submit its report for transmittal to the Legislature from September 30, 2014, to September 30, 2016. Section 3 of this bill authorizes the Board of Directors to hold its meetings in the county in which the Authority area is located.

 

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. Section 4.5 of chapter 507, Statutes of Nevada 2013, at page 3300, is hereby amended to read as follows:

       Sec. 4.5.  “Authority area” means the area that consists of:

       1.  All of the property within the area bounded by Maryland Parkway, Tropicana Avenue, Swenson Street and Flamingo Avenue in Clark County which is either:

       (a) Owned by the System or a related entity on the effective date of this act; or

       (b) Being leased to the System or a related entity on the effective date of this act under a lease with a term of at least 20 years remaining after the effective date of this act;

       2.  All other parcels of property that are administered by the University or constitute a part of the campus of the University which are:

       (a) Contiguous, except for any public or utility rights-of-way, to the property described in subsection 1; and

       (b) Either:

             (1) Owned by the System or a related entity on the effective date of this act; or

             (2) Being leased to the System or a related entity on the effective date of this act under a lease with a term of at least 20 years remaining after the effective date of this act; [and]

       3.  Any public or utility rights-of-way located within or immediately adjacent to any of the property described in subsections 1 and 2 [.] ; and

       4.  All other parcels of property any portion of which is located not more than 1 1/2 miles from any property described in subsections 1, 2 and 3.

      Sec. 2. Section 18 of chapter 507, Statutes of Nevada 2013, at page 3302, is hereby amended to read as follows:

       Sec. 18.  1.  On or before August 31, 2013, the Board of Regents may appoint four of the members of the Board of Directors pursuant to paragraph (a) of subsection 1 of section 17 of this act to terms that commence on October 1, 2013, and expire on September 30, [2015.] 2017. The provisions of this subsection do not require the Board of Regents to make the appointments authorized by this subsection.

 


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this subsection. Any determination by the Board of Regents to make those appointments is in the sole discretion of the Board of Regents.

       2.  If the Board of Regents makes the appointments authorized by subsection 1:

       (a) The Governor shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (b) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, [2015;] 2017;

       (b) The Majority Leader of the Senate shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (c) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, [2015;] 2017;

       (c) The Speaker of the Assembly shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (d) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, [2015;] 2017;

       (d) The Board of County Commissioners of the County shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (e) of subsection 1 of section 17 of this act to an initial term that commences on October 1, 2013, and expires on September 30, [2015;] 2017; and

       (e) The County Fair and Recreation Board of the County shall, on or before September 30, 2013:

             (1) Appoint the member of the Board of Directors pursuant to paragraph (f) of subsection 1 of section 17 of this act to an initial term that commences on October 1, 2013, and expires on September 30, [2015;] 2017; and

             (2) Prepare a list of not less than two nominees to be appointed pursuant to paragraph (g) of subsection 1 of section 17 of this act and submit the list to the members of the Board of Directors appointed pursuant to subsection 1 and paragraphs (a) to (d), inclusive, of subsection 2.

       3.  The members of the Board of Directors appointed pursuant to subsection 1 and paragraphs (a) to (e), inclusive, of subsection 2 shall, on or before October 31, 2013, appoint two of the members of the Board of Directors pursuant to paragraph (g) of subsection 1 of section 17 of this act to an initial term that expires on September 30, [2015.] 2017.

      Sec. 3. Section 19 of chapter 507, Statutes of Nevada 2013, at page 3303, is hereby amended to read as follows:

       Sec. 19.  1.  The Board of Directors shall hold an organizational meeting during October of 2013. At that meeting:

       (a) The members of the Board appointed pursuant to paragraphs (a) to (f), inclusive, of subsection 1 of section 17 of this act shall appoint any other members required to be appointed by those members; and

       (b) After the provisions of paragraph (a) have been carried out, the Board shall appoint:

             (1) One of its members as Chair;

             (2) One of its members as Vice Chair; and

 


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             (3) A Secretary and a Treasurer, who may be members of the Board and may be one person.

       2.  The Vice Chair of the Board of Directors shall serve as Chair when the position of Chair is vacant or when the Chair is absent from any meeting.

       3.  The Board of Directors shall meet regularly in the county in which the Authority area is located at such times and places as it designates. Special meetings may be held at the call of the Chair, upon notice to each member of the Board, as often as the needs of the Board require.

       4.  Except as otherwise provided in subsection 5 of NRS 281A.420:

       (a) Eight of the members of the Board of Directors constitute a quorum at any meeting of the Board.

       (b) The Board of Directors may take action only by a motion or resolution adopted with the approval of at least eight members of the Board.

       5.  The Board of Directors constitutes a public body for the purposes of chapter 241 of NRS.

      Sec. 4. Section 24.5 of chapter 507, Statutes of Nevada 2013, at page 3304, is hereby amended to read as follows:

       Sec. 24.5.  The Board of Directors:

       1.  Shall study the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements in the Authority area.

       2.  Upon determination pursuant to subsection 1 that a large events center is needed and feasible, the Board may develop recommendations for such a large events center including, without limitation, the type and general design of the center and the approximate seats to be included in the center. To the extent money is available for this purpose, the Board may also calculate a preliminary cost for construction of such a center and other required infrastructure and supporting improvements, basing such a calculation on the use of the State Public Works Board as the building official having jurisdiction over the project.

       3.  May study the need for, feasibility of and financing alternatives for any other undertaking.

       4.  Shall prepare a report which provides the results, conclusions and recommendations of its study or studies conducted pursuant to subsections 1 and 2. The report must be submitted to the Director of the Legislative Counsel Bureau by September 30, [2014,] 2016, for transmittal to and consideration by the [78th] 79th Session of the Nevada Legislature. The report may include recommendations for legislation to carry out the recommendations of the Board.

       5.  May, if so provided in an agreement with the System, assist the System in planning and designing any improvements to the Thomas and Mack Center that are financed:

       (a) Wholly or in part with state general obligation bonds payable from the tax on slot machines imposed by NRS 463.385; and

       (b) Before the dissolution of the Authority.

       6.  May accept gifts, grants and other contributions from any source, including, without limitation, the Federal Government, the State and any local government for the purposes of carrying out the provisions of this section and defraying the expenses of the Board.

 


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State and any local government for the purposes of carrying out the provisions of this section and defraying the expenses of the Board. If so provided in an agreement between the Authority and the System, contributions pursuant to this subsection may be made through a university foundation which is organized to support the University pursuant to NRS 396.405.

      Sec. 5. Section 35 of chapter 507, Statutes of Nevada 2013, at page 3305, is hereby amended to read as follows:

       Sec. 35.  1.  Except as otherwise provided in subsection 2, the Board of Directors shall wind up the affairs of the Authority and dissolve the Authority on September 30, [2015.] 2017.

       2.  The Board of Directors may, by an affirmative vote of at least eight members, wind up the affairs of the Authority and dissolve the Authority before September 30, [2015,] 2017, if the Authority has no outstanding obligations as of the date of dissolution.

       3.  Upon the dissolution of the Authority:

       (a) All money and other assets of the Authority, to the extent such money and other assets are not needed to satisfy outstanding obligations of the Authority, become the property of the System.

       (b) All obligations of the Authority that cannot be satisfied with the money and other assets of the Authority on the date of its dissolution are void as of the date of dissolution and are not liabilities of the System or this State.

      Sec. 6. Section 40 of chapter 507, Statutes of Nevada 2013, at page 3306, is hereby amended to read as follows:

       Sec. 40.  [1.]  This act becomes effective upon passage and approval [.

       2.  Except as otherwise provided in subsection 3, this act] and expires by limitation on October 1, [2015.

       3.  This act expires by limitation on August 31, 2013, unless, on or before that date, the Board of Regents of the University of Nevada makes the appointments authorized by subsection 1 of section 18 of this act.] 2017.

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

________

CHAPTER 361, AB 8

Assembly Bill No. 8–Committee on Judiciary

 

CHAPTER 361

 

[Approved: June 5, 2015]

 

AN ACT relating to children; revising provisions concerning advertisements for the placement of children for adoption or permanent free care; prohibiting the use of restraints on children during court proceedings under certain circumstances unless ordered by the court; prohibiting certain transfers of children; prohibiting the trafficking of children; providing a penalty; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law provides that any person or organization, other than an agency which provides child welfare services or a licensed child-placing agency, who advertises in any periodical or newspaper, or by radio or other public medium, that the person or organization will place children for adoption or accept, supply, provide or obtain children for adoption is guilty of a misdemeanor. (NRS 127.310) Section 1 of this bill specifically applies this prohibition to a person or organization who advertises through a computerized communication system, including, without limitation, electronic mail, an Internet website or an Internet account.

      Section 3.5 of this bill prohibits the use of an instrument of restraint on a child during a court proceeding, unless the restraint is necessary to prevent the child from inflicting harm on himself or herself or another person or to prevent the child from escaping the courtroom. Section 3.5 further requires the court to hold a hearing under certain circumstances to determine whether the use of an instrument of restraint on a child is necessary and to consider certain factors in making its determination. Under section 3.5, the court must make specific findings of fact and conclusions of law to support its determination.

      Section 4 of this bill enacts provisions prohibiting the trafficking of children. Section 4 provides that a person shall not recruit, transport, transfer, harbor, provide, obtain, maintain or solicit a child in furtherance of a transaction, or advertise or facilitate a transaction, pursuant to which a parent of a child or a person with custody of a child places the child in the physical custody of another person who is not related to the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child. Section 4 further provides that certain placements of a child are not prohibited, including, without limitation, the placement of a child with a relative or stepparent, the placement of a child with or by a licensed child-placing agency or agency which provides child welfare services and the placement of a child with a person that is approved by a court of competent jurisdiction. A person who violates section 4 is guilty of a category C felony, and section 5 of this bill requires a court to order that a person convicted of a violation of section 4 pay restitution to the victim of the crime.

 

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 127.310 is hereby amended to read as follows:

      127.310  1.  Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than an agency which provides child welfare services who, without holding a valid unrevoked license to place children for adoption issued by the Division:

      (a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or

      (b) Advertises [in any periodical or newspaper, or by radio or other public medium,] that he or she will place children for adoption [,] or permanent free care, or accept, supply, provide or obtain children for adoption [,] or permanent free care, or causes any advertisement to be [published in or by any public medium] disseminated soliciting, requesting or asking for any child or children for adoption [,] or permanent free care,

Ê is guilty of a misdemeanor.

      2.  Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280, 127.2805 and 127.2815 is guilty of a misdemeanor.

 


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      3.  A periodical, newspaper, radio station , Internet website or other public medium is not subject to any criminal penalty or civil liability for [publishing or broadcasting] disseminating an advertisement that violates the provisions of this section.

      4.  A child-placing agency shall include in any advertisement concerning its services [published in any periodical or newspaper or by radio or other public medium] a statement which:

      (a) Confirms that the child-placing agency holds a valid, unrevoked license issued by the Division; and

      (b) Indicates any license number issued to the child-placing agency by the Division.

      5.  As used in this section:

      (a) “Advertise” or “advertisement” means a communication that originates within this State by any public medium, including, without limitation, a newspaper, periodical, telephone book listing, outdoor advertising, sign, radio, television or a computerized communication system, including, without limitation, electronic mail, an Internet website or an Internet account.

      (b) “Internet account” means an account created within a bounded system established by an Internet-based service that requires a user to input or store information in an electronic device in order to view, create, use or edit the account information, profile, display, communications or stored data of the user.

      Secs. 2 and 3. (Deleted by amendment.)

      Sec. 3.5.  Chapter 62D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An instrument of restraint may be used on a child during a court proceeding only if the restraint is necessary to prevent the child from:

      (a) Inflicting physical harm on himself or herself or another person; or

      (b) Escaping from the courtroom.

      2.  Whenever practical, the judge shall provide the:

      (a) Child and his or her attorney an opportunity to be heard regarding the use of an instrument of restraint before the judge orders the use of an instrument of restraint.

      (b) Prosecuting attorney an opportunity to be heard regarding whether the use of an instrument of restraint is necessary pursuant to subsection 1.

      3.  In making a determination pursuant to subsection 2 as to whether an instrument of restraint is necessary pursuant to subsection 1, the court shall consider the following factors:

      (a) Any previous escapes or attempted escapes by the child.

      (b) Evidence of a present plan of escape by the child.

      (c) A credible threat by the child to harm himself or herself or another person.

      (d) A history of self-destructive tendencies by the child.

      (e) Any credible threat of an attempt to escape by a person not in custody.

      (f) Whether the child is subject to a proceeding:

             (1) That is not in the jurisdiction of the juvenile court pursuant to subsection 3 of NRS 62B.330; or

             (2) For transfer or certification for criminal proceedings as an adult pursuant to NRS 62B.335, 62B.390 or 62B.400.

 


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      (g) Any other factor that is relevant in determining whether the use of an instrument of restraint on the child is necessary pursuant to subsection 1.

      4.  The determination of the judge pursuant to subsection 2 must contain specific findings of fact and conclusions of law supporting the determination.

      5.  If an instrument of restraint is used on a child, the restraint must allow the child limited movement of his or her hands to hold any document or writing necessary to participate in the proceeding.

      6.  As used in this section, “instrument of restraint” includes, without limitation, handcuffs, chains, irons and straightjackets.

      Sec. 4.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a person shall not:

      (a) Recruit, transport, transfer, harbor, provide, obtain, maintain or solicit a child in furtherance of a transaction, or advertise or facilitate a transaction, pursuant to which a parent of the child or a person with custody of the child places the child in the physical custody of another person who is not a relative of the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child.

      (b) Sell, transfer or arrange for the sale or transfer of a child to another person for money or anything of value or receive a child in exchange for money or anything of value.

      2.  The provisions of subsection 1 do not apply to:

      (a) A placement of a child with a relative, stepparent, child-placing agency or an agency which provides child welfare services;

      (b) A placement of a child by a child-placing agency or an agency which provides child welfare services;

      (c) A temporary placement of a child with another person by a parent of the child or a person with legal or physical custody of the child, with an intent to return for the child, including, without limitation, a temporary placement of a child while the parent of the child or the person with legal or physical custody of the child is on vacation, incarcerated, serving in the military, receiving medical treatment or incapacitated;

      (d) A placement of a child in accordance with NRS 127.330, 159.205 or 159.215;

      (e) A placement of a child that is approved by a court of competent jurisdiction; or

      (f) Delivery of a child to a provider of emergency services pursuant to NRS 432B.630.

      3.  A person who violates the provisions of subsection 1 is guilty of trafficking in children and shall be punished for a category C felony as provided in NRS 193.130.

      4.  As used in this section:

      (a) “Advertise” has the meaning ascribed to it in NRS 127.310.

      (b) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (c) “Child” means a person who is less than 18 years of age.

      (d) “Child-placing agency” has the meaning ascribed to it in NRS 127.220.

 


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      Sec. 5. NRS 200.469 is hereby amended to read as follows:

      200.469  1.  In addition to any other penalty, the court may order a person convicted of violation of any provision of NRS 200.467 or 200.468 or section 4 of this act to pay restitution to the victim as provided in subsection 2.

      2.  Restitution ordered pursuant to this section may include, without limitation:

      (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;

      (b) The cost of transportation, temporary housing and child care;

      (c) The return of property, the cost of repairing damaged property or the full value of the property if it is destroyed or damaged beyond repair;

      (d) Expenses incurred by a victim in relocating away from the defendant or his or her associates, if the expenses are verified by law enforcement to be necessary for the personal safety of the victim;

      (e) The cost of repatriation of the victim to his or her home country, if applicable; and

      (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 200.467 or 200.468 [.] or section 4 of this act.

      3.  The return of the victim to his or her home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.

      4.  As used in this section, “victim” means any person:

      (a) Against whom a violation of any provision of NRS 200.467 or 200.468 or section 4 of this act has been committed; or

      (b) Who is the surviving child of such a person.

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ê2015 Statutes of Nevada, Page 2019ê

 

CHAPTER 362, AB 51

Assembly Bill No. 51–Committee on Judiciary

 

CHAPTER 362

 

[Approved: June 5, 2015]

 

AN ACT relating to securities; requiring broker-dealers and investment advisers to provide training to certain persons concerning identifying the suspected exploitation of an older person or vulnerable person; requiring certain persons who work for broker-dealers and investment advisers to report the suspected or known exploitation of an older person or vulnerable person; authorizing the Administrator of the Securities Division of the Office of the Secretary of State to adopt regulations relating to the federal Jumpstart Our Business Startups Act; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Uniform Securities Act which sets forth provisions governing the sale and purchase of securities in this State in a manner consistent with federal laws and regulations. (Chapter 90 of NRS) Sections 9.2-9.9 of this bill require broker-dealers and investment advisers to provide training to certain persons concerning the identification and reporting of suspected exploitation of older persons and vulnerable persons. “Older person” is defined in existing law as a person who is 60 years of age or older. “Vulnerable person” is defined in existing law as a person who is 18 years of age or older who: (1) suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or (2) has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living. (NRS 200.5092) Section 9.8 specifies which sales representatives, representatives of an investment adviser and officers and employees of broker-dealers or investment advisers must receive the training, when the training must be provided and the content of the training. Section 9.8 further requires those persons to report incidents that reasonably appear to be exploitation of an older person or vulnerable person. Section 9.9 requires each broker-dealer and investment adviser to designate a person to whom such reports must be made. The person so designated is then responsible for determining when a formal report must be reported to the appropriate agency.

      Existing law authorizes the imposition or granting of certain actions and penalties against a person who has violated any provision of state law or a regulation or order of the Administrator of the Securities Division of the Office of the Secretary of State relating to securities, including civil penalties, restitution and costs of investigation and prosecution of such a violation. (NRS 90.630, 90.640, 90.650) Sections 11-13 of this bill revise those provisions to include, if the violation was committed against an older person or vulnerable person, the imposition or granting of civil penalties, restitution and costs of investigation and prosecution in amounts equal to twice the amounts that would otherwise have been imposed or granted.

      Section 10 of this bill authorizes the Administrator to adopt regulations consistent with the federal Jumpstart Our Business Startups Act (Pub. L. No. 112-106), including regulations relating to the creation and oversight of funding portals for the purchase of securities.

 


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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. Chapter 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Secs. 2-9.  (Deleted by amendment.)

      Sec. 9.2. As used in sections 9.2 to 9.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9.3 to 9.7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 9.3. “Designated reporter” means a person designated by a broker-dealer or investment adviser to receive reports of known or suspected exploitation of an older person or vulnerable person pursuant to section 9.9 of this act.

      Sec. 9.4. “Exploitation” has the meaning ascribed to it in subsection 2 of NRS 200.5092.

      Sec. 9.5. “Older person” has the meaning ascribed to it in subsection 5 of NRS 200.5092.

      Sec. 9.6. “Reasonable cause to believe” has the meaning ascribed to it in NRS 200.50925.

      Sec. 9.7. “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 9.8. 1.  Each broker-dealer and investment adviser shall provide training concerning the identification and reporting of the suspected exploitation of an older person or vulnerable person to each sales representative, representative of the investment adviser and officer and employee of the broker-dealer or investment adviser who may:

      (a) As part of his or her regular duties for the broker-dealer or investment adviser, come into direct contact with an older person or vulnerable person;

      (b) Review or approve the financial documents, records or transactions of an older person or vulnerable person in connection with the offer, sale or purchase of securities; or

      (c) Offer advice as to the value or advisability of investing in, purchasing or selling securities to an older person or vulnerable person.

      2.  The training required pursuant to subsection 1:

      (a) Must be provided as soon as reasonably practicable, but not later than 6 months after the sales representative, representative of the investment adviser or officer or employee is employed by the broker-dealer or investment adviser; and

      (b) May be part of any existing continuing education or training program required to be completed by the sales representative, representative of the investment adviser or officer or employee of the broker-dealer or investment adviser.

      3.  The training required pursuant to subsection 1 must include, without limitation:

      (a) An explanation of the conduct which constitutes exploitation of an older person or vulnerable person;

      (b) The manner in which exploitation of an older person or vulnerable person may be recognized;

 


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      (c) Information concerning the manner in which reports of exploitation of an older person or vulnerable person are investigated; and

      (d) Instruction concerning when and how to report known or suspected exploitation of an older person or vulnerable person.

      4.  A sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser who has observed or has knowledge of an incident that is directly related to a transaction or matter which is within his or her scope of practice and which reasonably appears to be exploitation of an older person or vulnerable person shall report the known or suspected exploitation to a designated reporter pursuant to section 9.9 of this act.

      Sec. 9.9. 1.  Each broker-dealer and investment adviser shall designate a person or persons to whom a sales representative, representative of the investment adviser or officer or employee of the broker-dealer or investment adviser must report known or suspected exploitation of an older person or vulnerable person.

      2.  If a sales representative, representative of an investment adviser or officer or employee of the broker-dealer or investment adviser reports known or suspected exploitation of an older person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected exploitation occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of an older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the agency alleged to have committed the act or omission.

      4.  If a sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of a vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the agency alleged to have committed the act or omission.

 


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law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the agency alleged to have committed the act or omission.

      6.  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any fact or information that forms the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      7.  A sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser and a designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report pursuant to this section in good faith.

      Sec. 10.  1.  The Administrator may adopt, by regulation or order, any filing requirements, registration exemptions and licensing requirements which are consistent with the Jumpstart Our Business Startups Act, Public Law 112-106, and any regulation adopted pursuant thereto by the United States Securities and Exchange Commission, including, without limitation, regulations relating to the creation and oversight of funding portals.

      2.  As used in this section, “funding portal” has the meaning ascribed to it in section 3(a)(80) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. §§ 78a et seq.

      Sec. 11. NRS 90.630 is hereby amended to read as follows:

      90.630  1.  If the Administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that:

      (a) The sale of a security is subject to registration under this chapter and the security is being offered or has been offered or sold by the issuer or another person in violation of NRS 90.460; or

      (b) A person is acting as a broker-dealer or investment adviser in violation of NRS 90.310 or 90.330,

Ê the Administrator, in addition to any specific power granted under this chapter and subject to compliance with the requirements of NRS 90.820, may issue, without a prior hearing, a summary order against the person engaged in the prohibited activities, directing the person to desist and refrain from further activity until the security is registered or the person is licensed under this chapter. The summary order to cease and desist must state the section of this chapter or regulation or order of the Administrator under this chapter which the Administrator reasonably believes has been or is being violated.

      2.  If the Administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that a person has violated this chapter or a regulation or order of the Administrator under this chapter, the Administrator, in addition to any specific power granted under this chapter, after giving notice by registered or certified mail and conducting a hearing in an administrative proceeding, unless the right to notice and hearing is waived by the person against whom the sanction is imposed, may:

 


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      (a) Issue an order against the person to cease and desist;

      (b) Censure the person if he or she is a licensed broker-dealer, sales representative, investment adviser or representative of an investment adviser;

      (c) Bar or suspend the person from association with a licensed broker-dealer or investment adviser in this State;

      (d) Issue an order against an applicant, licensed person or other person who willfully violates this chapter, imposing a civil penalty of not more than $25,000 for each violation [;] or , if the violation was committed against an older person or vulnerable person, a civil penalty equal to twice the amount of the civil penalty that would otherwise have been imposed pursuant to this paragraph, not to exceed $50,000 for each violation; or

      (e) Initiate one or more of the actions specified in NRS 90.640.

      3.  If the person to whom the notice is addressed pursuant to subsection 2 does not request a hearing within 45 days after receipt of the notice, the person waives the right to a hearing and the Administrator shall issue a permanent order. If a hearing is requested, the Administrator shall set the matter for hearing not less than 15 days nor more than 60 days after the Administrator receives the request for a hearing. The Administrator shall promptly notify the parties by registered or certified mail of the time and place set for the hearing.

      4.  Imposition of the sanctions under this section is limited as follows:

      (a) If the Administrator revokes the license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser or bars a person from association with a licensed broker-dealer or investment adviser under this section or NRS 90.420, the imposition of that sanction precludes imposition of a civil penalty under subsection 2; and

      (b) The imposition by the Administrator of one or more sanctions under subsection 2 with respect to a specific violation precludes the Administrator from later imposing any other sanctions under paragraphs (a) to (d), inclusive, of subsection 2 with respect to the violation.

      5.  For the purposes of determining any sanction to be imposed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, the Administrator shall consider, among other factors, the frequency and persistence of the conduct constituting a violation of this chapter, or a regulation or order of the Administrator under this chapter, the number of persons adversely affected by the conduct and the resources of the person committing the violation.

      6.  If a sanction is imposed pursuant to this section, reimbursement for the costs of the proceeding, including investigative costs and attorney’s fees incurred, may be ordered and recovered by the Administrator. Money recovered for reimbursement of the investigative costs and attorney’s fees must be deposited in the State General Fund for credit to the Secretary of State’s Operating General Fund Budget Account.

      7.  As used in this section:

      (a) “Exploitation” has the meaning ascribed to it in subsection 2 of NRS 200.5092.

      (b) “Older person” has the meaning ascribed to it in subsection 5 of NRS 200.5092.

      (c) “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 12. NRS 90.640 is hereby amended to read as follows:

      90.640  1.  Upon a showing by the Administrator that a person has violated or is about to violate this chapter, or a regulation or order of the Administrator under this chapter, the appropriate district court may grant or impose one or more of the following appropriate legal or equitable remedies:

 


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ê2015 Statutes of Nevada, Page 2024 (Chapter 362, AB 51)ê

 

Administrator under this chapter, the appropriate district court may grant or impose one or more of the following appropriate legal or equitable remedies:

      (a) Upon a showing that a person has violated this chapter, or a regulation or order of the Administrator under this chapter, the court may singly or in combination:

             (1) Issue a temporary restraining order, permanent or temporary prohibitory or mandatory injunction or a writ of prohibition or mandamus;

             (2) Impose a civil penalty of not more than $25,000 for each violation [;] or, if the violation was committed against an older person or vulnerable person, a civil penalty equal to twice the amount of the civil penalty that would otherwise have been imposed pursuant to this subparagraph, not to exceed $50,000 for each violation;

             (3) Issue a declaratory judgment;

             (4) Order restitution to investors [;] which, if the violation was committed against an older person or vulnerable person, must be in an amount equal to twice the amount of restitution that would otherwise have been ordered pursuant to this subparagraph;

             (5) Provide for the appointment of a receiver or conservator for the defendant or the defendant’s assets;

             (6) Order payment of the Division’s investigative costs [; or] which, if the violation was committed against an older person or vulnerable person, must be in an amount equal to twice the amount of the Division’s investigative costs that would otherwise have been ordered for payment pursuant to this subparagraph; or

             (7) Order such other relief as the court deems just.

      (b) Upon a showing that a person is about to violate this chapter, or a regulation or order of the Administrator under this chapter, a court may issue:

             (1) A temporary restraining order;

             (2) A temporary or permanent injunction; or

             (3) A writ of prohibition or mandamus.

      2.  In determining the appropriate relief to grant, the court shall consider enforcement actions taken and sanctions imposed by the Administrator under NRS 90.630 in connection with the transactions constituting violations of this chapter or a regulation or order of the Administrator under this chapter. If a remedial action is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Administrator.

      3.  The court shall not require the Administrator to post a bond in an action under this section.

      4.  Upon a showing by the administrator or securities agency of another state that a person has violated the securities act of that state or a regulation or order of the administrator or securities agency of that state, the appropriate district court may grant, in addition to any other legal or equitable remedies, one or more of the following remedies:

      (a) Appointment of a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant’s assets located in this State; or

      (b) Other relief as the court deems just.

      5.  As used in this section:

      (a) “Exploitation” has the meaning ascribed to it in subsection 2 of NRS 200.5092.

 


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      (b) “Older person” has the meaning ascribed to it in subsection 5 of NRS 200.5092.

      (c) “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 13. NRS 90.650 is hereby amended to read as follows:

      90.650  1.  A person who willfully violates:

      (a) A provision of this chapter, except NRS 90.600, or who violates NRS 90.600 knowing that the statement made is false or misleading in any material respect;

      (b) A regulation adopted pursuant to this chapter; or

      (c) An order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator pursuant to this chapter,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, or by a fine of not more than $500,000, or by both fine and imprisonment, for each violation. In addition to any other penalty, the court shall order the person to pay restitution and may order the person to repay the costs of investigation and prosecution incurred by the Division and the Office of the Attorney General. If the violation was committed against an older person or vulnerable person, any restitution and costs of investigation and prosecution imposed by the court must be in an amount equal to twice the amount that would otherwise have been imposed by the court. Money recovered for reimbursement of the costs of investigation and prosecution must be deposited in the State General Fund for credit to the Secretary of State’s Operating General Fund Budget Account.

      2.  A person convicted of violating a regulation or order under this chapter may be fined, but must not be imprisoned, if the person proves lack of knowledge of the regulation or order.

      3.  This chapter does not limit the power of the State to punish a person for conduct which constitutes a crime under other law.

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

________

CHAPTER 363, AB 121

Assembly Bill No. 121–Assemblymen Wheeler, Ellison, Jones; Dickman, Moore, O’Neill and Oscarson

 

CHAPTER 363

 

[Approved: June 5, 2015]

 

AN ACT relating to education; prohibiting a school from disciplining certain pupils for simulating a firearm or dangerous weapon or wearing clothing or accessories that depict a firearm or dangerous weapon or express certain opinions except in certain circumstances; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 2026 (Chapter 363, AB 121)ê

 

Legislative Counsel’s Digest:

      Existing law requires a school to suspend or expel a pupil for possessing a firearm or dangerous weapon while on the premises of any public school, attending an activity sponsored by a public school or on any school bus. (NRS 392.466) This bill prohibits a school from disciplining a pupil enrolled in kindergarten or grades 1 to 8, inclusive, for simulating a firearm or dangerous weapon while playing or for wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms except in certain circumstances.

 

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

      1.  Except as otherwise provided in subsection 3, a pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:

      (a) Simulating a firearm or dangerous weapon while playing; or

      (b) Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms, unless it substantially disrupts the educational environment.

      2.  Simulating a firearm or dangerous weapon includes, without limitation:

      (a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

      (b) Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;

      (c) Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;

      (d) Using a finger or hand to simulate a firearm or dangerous weapon;

      (e) Drawing a picture or possessing an image of a firearm or dangerous weapon; and

      (f) Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.

      3.  A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:

      (a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

      (b) Causes bodily harm to another person; or

      (c) Places another person in reasonable fear of bodily harm.

      4.  Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.

      5.  The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 392.415.

      6.  As used in this section:

      (a) “Dangerous weapon” has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 392.466.

 


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ê2015 Statutes of Nevada, Page 2027 (Chapter 363, AB 121)ê

 

      (b) “Firearm” has the meaning ascribed to it in paragraph (c) of subsection 7 of NRS 392.466.

      Sec. 2.  1.  Any policy, ordinance or regulation adopted by a local government existing on the effective date of this act which conflicts with any provision of section 1 of this act is void and must not be given effect to the extent of the conflict.

      2.  As used in this section, “local government” means any political subdivision of this State, including, without limitation, a county, city, town or school district.

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

________

CHAPTER 364, AB 138

Assembly Bill No. 138–Committee on Judiciary

 

CHAPTER 364

 

[Approved: June 5, 2015]

 

AN ACT relating to juvenile justice; requiring the juvenile court to suspend a case if doubt arises as to whether a child is competent; requiring the juvenile court to appoint certain experts to evaluate a child and provide a written report on the competence of the child if the juvenile court suspends a case to determine whether the child is competent; requiring the juvenile court to hold an expedited hearing to determine whether a child is competent upon receipt of the written reports of all appointed experts; providing that a statement made by a child during an evaluation by an appointed expert is not admissible as evidence in certain proceedings unless the child introduces the statement as evidence first; requiring the juvenile court to conduct a periodic review of a child determined to be incompetent; authorizing the juvenile court to terminate its jurisdiction in certain circumstances if a child has not attained competence and will be unable to attain competence in the foreseeable future; providing that a child determined to be incompetent may not be adjudicated a delinquent child or a child in need of supervision or placed under the supervision of the juvenile court during the period that the child remains incompetent; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill enacts a juvenile competency standard. Section 3 of this bill provides that any time after a petition is filed and before the final disposition of a case, if doubt arises as to whether a child is competent, the juvenile court is required to suspend the case until the question of competence is determined. Section 4 of this bill requires a person who makes a motion for the evaluation of a child for the purpose of determining whether the child is competent to: (1) certify that the motion is being made in good faith and is based on reasonable grounds to believe that the child is incompetent; and (2) specify facts that support the motion. Section 5 of this bill provides that if the juvenile court suspends a case to determine whether a child is competent, the juvenile court must appoint one or more able and qualified experts, at least one of whom is a psychologist or psychiatrist, to evaluate the child and provide a written report on the competence of the child. Section 6 of this bill sets forth certain considerations an expert must take into account as part of his or her evaluation, as well as certain other considerations an expert must take into account if appropriate, and section 7 of this bill sets forth certain requirements relating to the written report of an expert.

 


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well as certain other considerations an expert must take into account if appropriate, and section 7 of this bill sets forth certain requirements relating to the written report of an expert.

      Section 8 of this bill requires the juvenile court to hold an expedited hearing to determine whether a child is competent upon receipt of the required written reports from all experts appointed by the juvenile court. Section 9 of this bill authorizes the juvenile court to consider information relevant to the determination of the competence of a child and information elicited from the child only for certain purposes. Section 9 also provides that any statement made by a child during the course of an evaluation by an expert appointed by the juvenile court is not admissible as evidence: (1) on the issue of guilt in a delinquency proceeding, unless the child introduces the statement as evidence on the issue of guilt first; or (2) in any criminal proceeding, unless the child introduces the statement as evidence first. Under section 10 of this bill, after the juvenile court considers the written reports of the appointed experts, any additional written reports, and testimony and other evidence presented at the hearing, the juvenile court must determine whether the child is competent. If the juvenile court determines that the child is incompetent, the juvenile court is required to make certain additional determinations and issue all necessary and appropriate recommendations and orders.

      Section 11 of this bill requires that if the juvenile court determines that a child is incompetent, the juvenile court must conduct a periodic review to determine whether the child has attained competence. After a periodic review is conducted, if the juvenile court determines that the child: (1) has attained competence, the juvenile court is required to proceed with the case; (2) has not attained competence, the juvenile court is required to order appropriate treatment; and (3) has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court is required to hold a hearing to consider the best interests of the child and the safety of the community and determine whether to dismiss any petitions pending before the juvenile court and terminate its jurisdiction.

      Section 12 of this bill provides that if the juvenile court determines that a child is incompetent, the child may not, during the period that the child remains incompetent, be: (1) adjudicated a delinquent child or a child in need of supervision; or (2) placed under the supervision of the juvenile court.

 

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 62D of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, “incompetent” means a child does not have the present ability to:

      1.  Understand the nature of the allegations of delinquency or, if the child is a child in need of supervision, the allegations against the child;

      2.  Understand the nature and purpose of the court proceedings; or

      3.  Aid and assist the child’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.

      Sec. 3. 1.  Any time after a petition is filed and before the final disposition of a case, if doubt arises as to the competence of a child, the juvenile court shall suspend the case until the question of competence is determined.

      2.  During the period when the competence of a child is being determined, the juvenile court shall consider the appropriate placement of the child and any services or other care to be provided to the child that are necessary for the well-being of the child or for public safety, and may issue any necessary orders.

 


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the child and any services or other care to be provided to the child that are necessary for the well-being of the child or for public safety, and may issue any necessary orders.

      3.  The period in which the juvenile court is required to make its final disposition of a case, as set forth in NRS 62D.310, is tolled during the period when the competence of a child is being determined.

      Sec. 4. A person who makes a motion for the evaluation of a child for the purpose of determining whether the child is incompetent shall:

      1.  Certify that the motion is being made in good faith and is based on reasonable grounds to believe that the child is incompetent and cannot proceed in the case; and

      2.  Specify facts that support the motion, including, without limitation, any nonprivileged observations of or statements made by the child.

      Sec. 5. 1.  If the juvenile court suspends a case pursuant to section 3 of this act, the juvenile court shall appoint one or more experts, at least one of whom is a psychologist or psychiatrist, to evaluate the child and report on the competence of the child.

      2.  Before appointing an expert to evaluate and report on the competence of the child, the juvenile court shall consider the following factors to determine the ability and qualification of the expert to provide such an evaluation and report:

      (a) The training and experience of the expert in child psychology, child and adolescent psychiatry or child forensic psychiatry;

      (b) The licensure or professional certification of the expert; and

      (c) Any other factor the juvenile court deems appropriate in making the appointment.

      3.  An expert appointed by the juvenile court to evaluate and report on the competence of a child must:

      (a) Be deemed by the juvenile court to be able and qualified to evaluate and report on the competence of the child pursuant to subsection 2; and

      (b) Prepare and provide a written report to the juvenile court and the parties not later than 14 days after the juvenile court enters an order appointing the expert, unless the juvenile court provides an extension for good cause shown.

      4.  The appointment of an expert pursuant to this section does not preclude the district attorney or the child from calling any other expert witness to testify concerning the competence of the child at an adjudicatory hearing, a hearing on a violation of juvenile probation or parole or a hearing to determine whether the child is incompetent. Any such expert witness must be allowed to evaluate the child and examine all relevant records and documents.

      Sec. 6. 1.  An expert who is appointed by the juvenile court pursuant to section 5 of this act shall evaluate the child as specified in the court order appointing the expert.

      2.  An expert shall consider as part of his or her evaluation the child’s ability to:

      (a) Appreciate the allegations against the child;

      (b) Appreciate the range and nature of possible penalties that may be imposed upon the child, if applicable;

      (c) Understand the adversary nature of the legal process;

      (d) Disclose to the child’s counsel facts pertinent to the case;

      (e) Display appropriate courtroom behavior; and

 


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      (f) Testify regarding relevant issues.

      3.  An expert shall also consider as part of his or her evaluation, if appropriate, the following circumstances of a child:

      (a) The age and developmental maturity of the child;

      (b) Whether the child has a mental illness or disability or a developmental disorder;

      (c) Whether the child has any other disability that affects the competence of the child; and

      (d) Any other factor that affects the competence of the child.

      Sec. 7. 1.  A written report submitted by an expert pursuant to subsection 3 of section 5 of this act must:

      (a) Identify the specific matters referred to the expert by the juvenile court for evaluation;

      (b) Describe the procedures, techniques and tests used in the evaluation of the child and the purposes of each;

      (c) Describe the considerations taken into account by the expert pursuant to section 6 of this act;

      (d) State any clinical observations, findings and opinions of the expert on each issue referred to the expert for evaluation by the juvenile court and specifically indicate any issues on which the expert was unable to give an opinion;

      (e) Identify the sources of information used by the expert and present the factual basis for any clinical observations, findings and opinions of the expert; and

      (f) State any recommended counseling, treatment, education or therapy to assist the child with behavioral, emotional, psychological or psychiatric issues, if ordered by the juvenile court to provide such recommendations.

      2.  In addition to the requirements set forth in subsection 1, if an expert believes that a child is incompetent, the expert shall also include in the report:

      (a) Any recommended treatment or education for the child to attain competence;

      (b) The likelihood that the child will attain competence under the recommended treatment or education;

      (c) An assessment of the probable duration of the treatment or education required to attain competence;

      (d) The probability that the child will attain competence in the foreseeable future; and

      (e) If the expert recommends treatment for the child to attain competence, a recommendation as to whether services can best be provided to the child as an outpatient or inpatient, or by commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160.

      Sec. 8. 1.  Upon receipt of the required written reports from all experts appointed by the juvenile court, the juvenile court shall hold an expedited hearing to determine whether the child is incompetent.

      2.  The parties may waive the presence of witnesses and submit the issue of competence to the juvenile court on the written reports of the experts who evaluated the child.

      3.  The party who made the motion to determine whether the child is competent has the burden of proof to rebut the presumption of competence by a preponderance of the evidence.

 


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      4.  Unless the parties stipulate or the juvenile court orders otherwise, the parties shall disclose all witnesses, reports and documents at least 10 days before the scheduled day of the hearing.

      5.  During the hearing, the parties may:

      (a) Introduce other evidence, including, without limitation, evidence related to treatment, competence and the possibility of ordering the involuntary administration of medicine; and

      (b) Cross-examine witnesses.

      Sec. 9. 1.  Except as otherwise provided in this section, the juvenile court may consider any information that is relevant to the determination of the competence of the child and any information elicited from the child pursuant to sections 2 to 13, inclusive, of this act only for the purpose of:

      (a) Determining whether the child is incompetent; and

      (b) Making a disposition of the case in juvenile court.

      2.  The provisions of subsection 1 do not apply if a child whose competence is being determined presents any information to the juvenile court for a purpose other than those set forth in subsection 1.

      3.  Any statement made by a child during the course of an evaluation by an expert who is appointed by the juvenile court pursuant to section 5 of this act, regardless of whether the child consented to the evaluation, is not admissible as evidence:

      (a) On the issue of guilt in a delinquency proceeding, unless the child introduces the statement as evidence on the issue of guilt first; or

      (b) In any criminal proceeding, unless the child introduces the statement as evidence first.

      Sec. 10. 1.  After the juvenile court considers the written reports of all the experts appointed by the juvenile court, any additional written reports, and testimony and other evidence presented at the hearing, the juvenile court shall determine whether the child is incompetent.

      2.  If the juvenile court determines that the child is competent, the juvenile court shall proceed with the case.

      3.  If the juvenile court determines that the child is incompetent, the juvenile court shall determine whether:

      (a) The child is a danger to himself or herself or society;

      (b) Providing services to the child will assist the child in attaining competence and further the policy goals set forth in NRS 62A.360; and

      (c) Any services provided to the child can best be provided to the child as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.

      4.  After the juvenile court makes the determinations set forth in subsection 3, the juvenile court shall issue all necessary and appropriate recommendations and orders.

      5.  Any treatment ordered by the juvenile court must provide the level of care, guidance and control that will be conducive to the child’s welfare and the best interests of this State.

      Sec. 11. 1.  If the juvenile court determines that a child is incompetent pursuant to section 10 of this act, the juvenile court shall conduct a periodic review to determine whether the child has attained competence. Unless the juvenile court terminates its jurisdiction pursuant to paragraph (c) of subsection 3, such a periodic review must be conducted:

 


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      (a) Not later than 6 months after the date of commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160 or the date treatment ordered by the court commenced, whichever is earlier;

      (b) After any period of extended treatment;

      (c) After the child completes any treatment ordered by the juvenile court;

      (d) After a person ordered by the juvenile court to provide services to the child pursuant to section 10 of this act determines that the child has attained competence or will never attain competence; or

      (e) At shorter intervals as ordered by the juvenile court.

      2.  Before a periodic review is conducted pursuant to subsection 1, any person ordered by the juvenile court to provide services to a child pursuant to section 10 of this act must provide a written report to the juvenile court, the parties, and the department of juvenile services or Youth Parole Bureau, as applicable.

      3.  After a periodic review is conducted pursuant to subsection 1, if the juvenile court determines that the child:

      (a) Is competent, the juvenile court shall enter an order accordingly and proceed with the case.

      (b) Has not attained competence, the juvenile court shall order appropriate treatment, including, without limitation, residential or nonresidential placement in accordance with sections 2 to 13, inclusive, of this act, commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.

      (c) Has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a hearing to consider the best interests of the child and the safety of the community and determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court. In determining whether to dismiss a petition and terminate its jurisdiction pursuant to this paragraph, the juvenile court shall consider:

             (1) The nature and gravity of the act allegedly committed by the child, including, without limitation, whether the act involved violence, the infliction of serious bodily injury or the use of a weapon;

             (2) The date the act was allegedly committed by the child;

             (3) The number of times the child has allegedly committed the act;

             (4) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment;

             (5) The extent to which the child has received education, services or treatment relating to remediating, restoring or attaining competence and the response of the child to any such education, services or treatment;

             (6) Whether any psychological or psychiatric profiles of the child indicate a risk of recidivism;

             (7) The behavior of the child while he or she is subject to the jurisdiction of the juvenile court, including, without limitation, during any period of confinement;

             (8) The extent to which counseling, therapy or treatment will be available to the child in the absence of continued juvenile court jurisdiction;

 


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             (9) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness;

             (10) The age, mental attitude, maturity level and emotional stability of the child;

             (11) The extent of family support available to the child;

             (12) Whether the child has had positive psychological and social evaluations; and

             (13) Any other factor the juvenile court deems relevant to the determination of whether continued juvenile court jurisdiction will be conducive to the welfare of the child and the safety of the community.

      Sec. 12. If the juvenile court determines that a child is incompetent pursuant to section 10 of this act, during the period that the child remains incompetent, the child may not be:

      1.  Adjudicated a delinquent child or a child in need of supervision; or

      2.  Placed under the supervision of the juvenile court pursuant to a supervision and consent decree pursuant to NRS 62C.230.

      Sec. 13.  (Deleted by amendment.)

________

CHAPTER 365, AB 178

Assembly Bill No. 178–Assemblymen Thompson; Araujo, Carrillo, Diaz, Joiner, Neal and Stewart

 

Joint Sponsors: Senators Ford and Spearman

 

CHAPTER 365

 

[Approved: June 5, 2015]

 

AN ACT relating to education; revising the circumstances under which a school is required to deem a pupil a habitual disciplinary problem; revising provisions governing the notice provided to a parent or legal guardian concerning a pupil who is deemed a habitual disciplinary problem and the discipline imposed on such a pupil; requiring such notice to be provided each time a pupil is suspended; revising provisions relating to a plan of behavior for a pupil; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a school to suspend or expel a pupil for at least one semester if that pupil is deemed a habitual disciplinary problem under certain circumstances, and requires the pupil to enroll in a private school, a program of independent study or be homeschooled for the period of suspension or expulsion. (NRS 392.466) Existing law further requires a school to notify the parent or legal guardian of a pupil when the pupil is suspended for fighting or commits an act that may cause the pupil to be deemed a habitual disciplinary problem. (NRS 392.4655) Section 1 of this bill instead requires a school to notify the parent or legal guardian of a pupil when the pupil is suspended for any reason. Section 1 also revises the requirements of such notice.

      Existing law authorizes a school to develop a plan of behavior for a pupil who may be deemed a habitual disciplinary problem. (NRS 392.4655) Section 1 authorizes a school to develop such a plan of behavior if a pupil is suspended for any reason.

 


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      Existing law requires a principal of a school to deem a pupil enrolled in the school a habitual disciplinary problem if the pupil: (1) has threatened or extorted, or attempted to threaten or extort, another pupil or employee of the school; (2) has been suspended for initiating at least two fights on school property or in certain other circumstances; or (3) has a record of five suspensions from the school. (NRS 392.4655) Section 1 instead requires the principal of a school to designate a pupil as a habitual disciplinary problem if: (1) the pupil has threatened or extorted, or attempted to threaten or extort, another pupil or employee of the school two or more times, or the pupil has a record of five suspensions from the school; and (2) the pupil has not entered into and participated in a plan of behavior.

      Section 2 of this bill removes the requirement that a pupil who is deemed a habitual disciplinary problem be suspended or expelled for at least one semester and instead authorizes the school to suspend the pupil from school for a period not to exceed one semester if the pupil is deemed a habitual disciplinary problem or expel the pupil from school under extraordinary circumstances. Section 2 further requires that a pupil enroll in a private school, a program of independent study or be homeschooled if the pupil is expelled or for the period of suspension only if the suspension is for one semester.

 

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 392.4655 is hereby amended to read as follows:

      392.4655  1.  Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

      (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school [;

      (b) The pupil has been suspended for initiating at least two fights on school property, at an activity sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or end of a school day, on the pupil’s way to or from school; or

      (c) The] two or more times or the pupil has a record of five suspensions from the school for any reason [.] ; and

      (b) The pupil has not entered into and participated in a plan of behavior pursuant to subsection 5.

      2.  At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

      3.  If a pupil is suspended , [for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives one suspension on the pupil’s record,] the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:

 


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initiated during that school year, or if a pupil receives one suspension on the pupil’s record,] the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:

      (a) A description of the [acts] act committed by the pupil and the [dates] date on which [those acts were] the act was committed;

      (b) An explanation that [if the pupil is suspended for initiating one additional fight or] if the pupil receives five suspensions on his or her record during the current school year [,] and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;

      (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem [must] may be [suspended or expelled] :

             (1) Suspended from school for a period [equal to at least one school semester;] not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

             (2) Expelled from school under extraordinary circumstances as determined by the principal of the school;

      (d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection [6] 7 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

      (e) [If applicable, a] A summary of the provisions of subsection [4.] 5.

[Ê]

      4.  A school shall provide the notice required by [this] subsection 3 for each suspension on the record of a pupil during a school year. [A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.

      4.]  Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.

      5.  If a pupil is suspended , [for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives four suspensions on the pupil’s record within 1 school year,] the school in which the pupil is enrolled may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation : [, a voluntary agreement by:]

      (a) [The] A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.

      (b) Information regarding schools with a mission to serve pupils who have been:

             (1) Expelled or suspended from a public school, including, without limitation, a charter school; or

             (2) Deemed to be a habitual disciplinary problem pursuant to this section.

      (c) A voluntary agreement by the parent or legal guardian to attend school with his or her child.

      [(b) The]

 


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      (d) A voluntary agreement by the pupil and the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

      [(c) The]

      (e) A voluntary agreement by the pupil and the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

[Ê]

      6.  If [the] a pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she enters into a plan of behavior [,] pursuant to subsection 5, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.

      [5.  If a pupil commits an act the commission of which qualifies the pupil to be deemed a habitual disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal guardian of the pupil that contains:

      (a) A description of the qualifying act and any previous such acts committed by the pupil and the dates on which those acts were committed;

      (b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;

      (c) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

      (d) If applicable, a summary of the provisions of subsection 6.

Ê The school shall provide the notice at least 7 days before the school deems the pupil a habitual disciplinary problem. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.

      6.  Before a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:

      (a) The parent or legal guardian to attend school with his or her child.

      (b) The pupil and the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

      (c) The pupil and the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

Ê If the pupil violates the conditions of the plan or commits the same act for which notice was provided pursuant to subsection 5 after he or she enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.]

 


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      7.  A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

      8.  The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      Sec. 2. NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although the pupil may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

Ê The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.

      3.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil [must] may be [suspended or expelled] :

      (a) Suspended from the school for a period [equal to at least one semester for that school. For] not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

 


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ê2015 Statutes of Nevada, Page 2038 (Chapter 365, AB 178)ê

 

      (b) Expelled from school under extraordinary circumstances as determined by the principal of the school.

      4.  If the pupil is expelled, or the period of the pupil’s suspension [or expulsion,] is for one school semester, the pupil must:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      [4.]5.  This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      [5.]6.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      [6.]7.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented or who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      [7.]8.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      [8.]9.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

 


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ê2015 Statutes of Nevada, Page 2039 (Chapter 365, AB 178)ê

 

provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

________

CHAPTER 366, AB 191

Assembly Bill No. 191–Assemblymen Paul Anderson and Kirkpatrick

 

Joint Sponsors: Senators Hammond and Roberson

 

CHAPTER 366

 

[Approved: June 5, 2015]

 

AN ACT relating to taxation; revising provisions relating to the imposition by certain counties of additional taxes on fuels for motor vehicles; providing that the boards of county commissioners of certain larger counties may continue the imposition of certain additional taxes on fuels for motor vehicles if a ballot question authorizing such additional taxes is approved by a majority of the voters in the county; providing for the imposition by the boards of county commissioners of certain counties of additional taxes on fuels for motor vehicles if a ballot question authorizing such additional taxes is approved by a majority of the voters in the county; requiring the approval by voters of additional ballot measures to continue the imposition of the additional taxes; providing that money collected from certain of the additional taxes must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected; repealing certain provisions relating to a ballot question providing for the imposition by the State of certain additional taxes on fuels for motor vehicles; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes counties to impose certain taxes on motor vehicle fuels and special fuels used in motor vehicles. (Chapter 373 of NRS) Existing law authorizes the board of county commissioners of a county whose population is 700,000 or more and in which a regional transportation commission has been created and a county tax is imposed on motor vehicle fuel (currently Clark County) to impose, upon approval by a two-thirds majority of the members of the board, additional taxes on motor vehicle fuel and various special fuels used in motor vehicles. Existing law also authorizes the board of county commissioners to provide for annual increases in these taxes, for the period beginning on January 1, 2014, and ending on December 31, 2016. Existing law provides that for the period beginning on January 1, 2017: (1) the board of county commissioners must not impose any additional increases in certain taxes authorized by that provision of existing law; and (2) increases in the remainder of the taxes authorized by that provision may not be effectuated unless a majority of the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases. (NRS 373.0663) Section 2 of this bill removes the prohibition on the continued imposition of additional increases in certain taxes, subject to the existing provisions which provide that the additional increases may not be effectuated unless a majority of the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases.

 


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ê2015 Statutes of Nevada, Page 2040 (Chapter 366, AB 191)ê

 

prohibition on the continued imposition of additional increases in certain taxes, subject to the existing provisions which provide that the additional increases may not be effectuated unless a majority of the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases. Section 2 additionally provides that for the period beginning on January 1, 2027, additional annual increases in the taxes on motor vehicle fuel and various special fuels used in motor vehicles may not be effectuated unless a majority of the voters in the county at the general election in November 2026 authorize the board of county commissioners to continue to provide for the annual increases. If the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases, section 1 of this bill provides that any money collected from certain additional taxes imposed on motor vehicle fuel and various special fuels used in motor vehicles after November 8, 2016, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected. Sections 4, 7, 9 and 12 of this bill make conforming changes.

      Upon approval by a majority of the voters in any county, other than Clark or Washoe County, at the general election in November 2016, existing law requires the board of county commissioners of the county to impose additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. Existing law also authorizes the board of county commissioners to provide for annual increases in these taxes, for the period beginning on January 1, 2017, and ending on December 31, 2026. Additionally, existing law provides that, for the period beginning on January 1, 2027, the increases in these taxes may not be effectuated unless a majority of the voters in the county at the general election in November 2026 authorize the board of county commissioners to continue to provide for the annual increases. (NRS 373.0667) Existing law also provides for a statewide ballot measure, approval of which by a majority of the voters in the State at the general election in November 2016 would require the State to impose additional state taxes on motor vehicle fuel and various special fuels used in motor vehicles and to impose annual increases on those taxes. (Section 12 of chapter 540, Statutes of Nevada 2013, p. 3586) Section 18 of this bill repeals the provisions of existing law relating to the statewide ballot measure concerning the imposition by the State of additional state taxes on motor vehicle fuel and various special fuels used in motor vehicles. Sections 3 and 17 of this bill instead require the board of county commissioners of a county other than Clark or Washoe County, upon approval by a majority of the voters in the county at the general election in November 2016, to impose such additional taxes on motor vehicle fuel and various special fuels used in motor vehicles in the same manner as the board is required under existing law to impose the additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. Sections 14.5 and 15 of this bill provide that money collected from certain additional taxes imposed on motor vehicle fuel and various special fuels used in motor vehicles on or after January 1, 2017, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected. Sections 4.5, 5, 6, 7.5, 8, 9.5, 10, 11, 12.5, 13, 14 and 18 of this bill make conforming changes.

 


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ê2015 Statutes of Nevada, Page 2041 (Chapter 366, AB 191)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any other provision of law, money collected from the annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS 373.0663 and imposed by the ordinance after November 8, 2016, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected.

      Sec. 2. NRS 373.0663 is hereby amended to read as follows:

      373.0663  1.  Except as otherwise provided in this section, in a county whose population is 700,000 or more and in which a commission has been created and a tax is imposed pursuant to NRS 373.030:

      (a) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 3.6 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 3.6 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (b) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (c) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1 cent per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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ê2015 Statutes of Nevada, Page 2042 (Chapter 366, AB 191)ê

 

the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1 cent per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (d) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 9 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 9 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (e) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (f) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

 


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ê2015 Statutes of Nevada, Page 2043 (Chapter 366, AB 191)ê

 

percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (g) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in the county in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (h) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (i) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (j) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (g), (h) or (i), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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ê2015 Statutes of Nevada, Page 2044 (Chapter 366, AB 191)ê

 

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (k) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (l) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (m) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (k) or (l), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

 


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ê2015 Statutes of Nevada, Page 2045 (Chapter 366, AB 191)ê

 

      2.  An ordinance authorized by this section must be approved by a two-thirds majority of the members of the board. If the board adopts an ordinance authorized by this section, the ordinance must impose all of the taxes authorized by this section. Upon the adoption of such an ordinance, and except as otherwise provided in subsection 5, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      3.  If the board adopts an ordinance imposing the taxes authorized by this section, the ordinance:

      (a) Must be adopted before October 1, 2013;

      (b) Must become effective on January 1, 2014; and

      (c) Is not affected by any changes in the population of the county which occur after the adoption of the ordinance.

      4.  The applicable percentage specified by the board for the taxes imposed pursuant to this section must be the same percentage for each tax imposed pursuant to this section. Except as otherwise provided in subsection 5, the board may amend the applicable percentage by ordinance from time to time, but any such amendment must not become effective earlier than 90 days after the date of the adoption of the ordinance amending the applicable percentage. Except as otherwise provided in subsection 4 of NRS 373.120, the applicable percentage must not be amended to reduce the applicable percentage at any time that bonds are outstanding which are secured by the taxes imposed pursuant to this section.

      5.  Upon the adoption of an ordinance authorized by this section:

      (a) For the period beginning on January 1, 2014, and ending on December 31, 2016, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      (b) For the period beginning on January 1, 2017 [:

             (1) The board shall not impose any additional annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance after November 8, 2016, but any annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance.

             (2) The] , and ending on December 31, 2026, the annual increases in the taxes authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance may not be effectuated unless a question is placed on the ballot at the general election on November 8, 2016, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2017, the increases authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters voting on the question. If the question is approved by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance after November 8, 2016, but any annual increases in such taxes imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by such taxes imposed by the ordinance.

 


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ê2015 Statutes of Nevada, Page 2046 (Chapter 366, AB 191)ê

 

inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance after November 8, 2016, but any annual increases in such taxes imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by such taxes imposed by the ordinance.

      (c) For the period beginning on January 1, 2027, if the question placed on the ballot pursuant to paragraph (b) is approved by a majority of the registered voters in the county voting on the question, the annual increases in the taxes authorized by this section and imposed by the ordinance may be effectuated if a question is placed on the ballot at the general election on November 3, 2026, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2027, the increases authorized by this section in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters voting on the question. If the question is approved at the general election on November 3, 2026, by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes authorized by this section and imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes authorized by this section and imposed by the ordinance after November 3, 2026, but any annual increases in such taxes imposed by the ordinance on or before November 3, 2026, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by such taxes imposed by the ordinance.

      6.  As used in this section:

      (a) “Adjusted average highway and street construction inflation index” means:

             (1) For the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or

                   (II) If the average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero; and

             (2) For each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the adjusted average highway and street construction inflation index for the immediately preceding fiscal year; or

                   (II) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero.

 


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ê2015 Statutes of Nevada, Page 2047 (Chapter 366, AB 191)ê

 

      (b) “Applicable percentage” means the lesser of 7.8 percent or the percentage specified by the board in any ordinance imposing a tax pursuant to this section.

      (c) “Average highway and street construction inflation index” means for a fiscal year the average percentage increase in the highway and street construction inflation index for the 10 calendar years immediately preceding the beginning of that fiscal year.

      (d) “Highway and street construction inflation index” means:

             (1) The Producer Price Index for Highway and Street Construction until that Index ceased to be published; and

             (2) The Producer Price Index for Other Nonresidential Construction thereafter or, if that Index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of highway and street construction, as determined by the commission.

      (e) “Special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 3. NRS 373.0667 is hereby amended to read as follows:

      373.0667  1.  In addition to any other tax imposed pursuant to this chapter:

      (a) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 3.6 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 3.6 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (b) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (c) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1 cent per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1 cent per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (d) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 9 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 9 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (e) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (f) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

 


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percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      [(f)](g) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in the county in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (h) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (i) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (j) The board shall by ordinance impose:

 


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             (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (g), (h) or (i), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (k) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      [(g)] (l) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      [(h)] (m) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph [(f) or (g),] (k) or (l), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      2.  Upon the adoption of the ordinance required by subsection 1, and except as otherwise provided in subsection 4, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      3.  The applicable percentage specified by the board for the taxes imposed pursuant to this section must be the same percentage for each tax imposed by the board pursuant to this section. Except as otherwise provided in subsection 4, the board may amend the applicable percentage by ordinance from time to time, but any such amendment must not become effective earlier than 90 days after the date of the adoption of the ordinance amending the applicable percentage. Except as otherwise provided in subsection 4 of NRS 373.120, the applicable percentage must not be amended to reduce the applicable percentage at any time that bonds are outstanding which are secured by the taxes imposed pursuant to this section.

      4.  Upon the adoption of an ordinance authorized by this section:

      (a) For the period beginning on January 1, 2017, and ending on December 31, 2026, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      (b) For the period beginning on January 1, 2027, the annual increases in the taxes authorized by this section and imposed by the ordinance may [not] be effectuated [unless] if a question is placed on the ballot at the general election on November 3, 2026, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2027, the increases authorized by this section in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters in the county voting on the question. If the question is approved by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes imposed by the ordinance after November 3, 2026, but any annual increases in the taxes imposed by the ordinance in effect on or before November 3, 2026, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes imposed by the ordinance.

      5.  As used in this section:

      (a) “Adjusted average highway and street construction inflation index” means:

             (1) For the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or

 


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percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or

                   (II) If the average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero; and

             (2) For each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the adjusted average highway and street construction inflation index for the immediately preceding fiscal year; or

                    (II) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero.

      (b) “Applicable percentage” means the lesser of 7.8 percent or the percentage specified by the board in any ordinance imposing a tax pursuant to this section.

      (c) “Average highway and street construction inflation index” means for a fiscal year the average percentage increase in the highway and street construction inflation index for the 10 calendar years immediately preceding the beginning of that fiscal year.

      (d) “Highway and street construction inflation index” means:

             (1) The Producer Price Index for Highway and Street Construction until that index ceased to be published; and

             (2) The Producer Price Index for Other Nonresidential Construction thereafter or, if that index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of highway and street construction, as determined by the commission.

      (e) “Special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 4. NRS 373.067 is hereby amended to read as follows:

      373.067  1.  Any ordinance that imposes a tax pursuant to:

      (a) The provisions of paragraph (a) of subsection 1 of NRS 373.066 or paragraph (a) of subsection 1 of NRS 373.0663 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.

      (b) The provisions of paragraph (b) of subsection 1 of NRS 373.066 or paragraph (b) of subsection 1 of NRS 373.0663 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.

      (c) The provisions of paragraph (c) of subsection 1 of NRS 373.066 or paragraph (c) of subsection 1 of NRS 373.0663 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.

      (d) Any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must, except as otherwise required by subsection 6 of NRS 373.140, and section 1 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

 


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subsection 1 of NRS 373.0663 must, except as otherwise required by subsection 6 of NRS 373.140, and section 1 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

      2.  Any ordinance adopted pursuant to NRS 373.066 or 373.0663 must:

      (a) Include a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066 or 373.0663, and must not apply to any tax imposed pursuant to any other ordinance.

      (b) Require the commission:

             (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                   (I) The amount of that increase and the accuracy of its calculation;

                   (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                   (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                   (IV) Any other information relevant to the effect of the annual increases on the public; and

             (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      Sec. 4.5. NRS 373.067 is hereby amended to read as follows:

      373.067  1.  Any ordinance that imposes a tax pursuant to:

      (a) The provisions of paragraph (a) of subsection 1 of NRS 373.066, paragraph (a) of subsection 1 of NRS 373.0663 or paragraph (a) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.

      (b) The provisions of paragraph (b) of subsection 1 of NRS 373.066, paragraph (b) of subsection 1 of NRS 373.0663 or paragraph (b) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.

      (c) The provisions of paragraph (c) of subsection 1 of NRS 373.066, paragraph (c) of subsection 1 of NRS 373.0663 or paragraph (c) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.

      (d) Any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must, except as otherwise required by subsection 6 of NRS 373.140, and section 14.5 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

 


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NRS 373.140, and section 14.5 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

      2.  Any ordinance adopted pursuant to NRS 373.066, 373.0663 or 373.0667 must:

      (a) Include a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066, 373.0663 or 373.0667 and must not apply to any tax imposed pursuant to any other ordinance.

      (b) Require the commission:

             (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                   (I) The amount of that increase and the accuracy of its calculation;

                   (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                   (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                   (IV) Any other information relevant to the effect of the annual increases on the public; and

             (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      Sec. 5. NRS 373.067 is hereby amended to read as follows:

      373.067  1.  Any ordinance that imposes a tax pursuant to:

      (a) The provisions of paragraph (a) of subsection 1 of NRS 373.066, paragraph (a) of subsection 1 of NRS 373.0663 or paragraph (a) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.

      (b) The provisions of paragraph (b) of subsection 1 of NRS 373.066, paragraph (b) of subsection 1 of NRS 373.0663 or paragraph (b) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.

      (c) The provisions of paragraph (c) of subsection 1 of NRS 373.066, paragraph (c) of subsection 1 of NRS 373.0663 or paragraph (c) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.

      (d) Any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must, except as otherwise required by subsection 6 of NRS 373.140, and section 15 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

 


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NRS 373.140, and section 15 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

      2.  Any ordinance adopted pursuant to NRS 373.066, 373.0663 or 373.0667 must:

      (a) Include a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066, 373.0663 or 373.0667 and must not apply to any tax imposed pursuant to any other ordinance.

      (b) Require the commission:

             (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                   (I) The amount of that increase and the accuracy of its calculation;

                   (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                   (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                   (IV) Any other information relevant to the effect of the annual increases on the public; and

             (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      Sec. 6. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066, paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (a) to [(e),] (f), inclusive, of subsection 1 of NRS 373.0667, does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs [(f), (g) and (h)] (g) to (m), inclusive, of subsection 1 of NRS 373.0667, does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066, 373.0663 or 373.0667 is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

 


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subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 7. NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of any county fuel tax:

      1.  Imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, and section 1 of this act, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

      2.  Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065, paragraph (a), (b) or (c) of subsection 1 of NRS 373.066 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.0663 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 7.5. NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of any county fuel tax:

      1.  Imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, and section 14.5 of this act, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

 


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      2.  Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065, paragraph (a), (b) or (c) of subsection 1 of NRS 373.066, paragraph (a), (b) or (c) of subsection 1 of NRS 373.0663 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 8. NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of any county fuel tax:

      1.  Imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, and section 15 of this act, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

      2.  Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065, paragraph (a), (b) or (c) of subsection 1 of NRS 373.066, paragraph (a), (b) or (c) of subsection 1 of NRS 373.0663 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 9. NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, and except as otherwise provided in section 1 of this act, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663, that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 9.5. NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, and except as otherwise provided in section 14.5 of this act, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating.

 


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or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 10. NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, and except as otherwise provided in section 15 of this act, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 11. NRS 373.131 is hereby amended to read as follows:

      373.131  1.  Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 277A.210 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter and chapter 277A of NRS, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  The board or, in a county whose population is 100,000 or more, a commission, may, after the enactment of any ordinance authorized or required by the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, issue revenue bonds and other revenue securities, on the behalf and in the name of the county or the commission, as the case may be:

      (a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;

 


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(d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;

      (b) Which must not be general obligations of the county or the commission or a charge on any real estate within the county; and

      (c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county or a commission as provided in subsection 2 is authorized to issue bonds or other securities without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.

      4.  Subject to the provisions of this chapter and chapter 277A of NRS, for any project authorized therein, the board of any county may, on the behalf and in the name of the county, or, in a county whose population is 100,000 or more, a commission may, on behalf and in the name of the commission, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county or commission securities, and in connection with the undertaking or project, the board or the commission, as the case may be, may otherwise proceed as provided in the Local Government Securities Law.

      5.  All such securities constitute special obligations payable from the net receipts of the fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.

      6.  Except for:

      (a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;

      (b) Any interim debentures which are funded with the proceeds of bonds;

      (c) Any temporary bonds which are exchanged for definitive bonds;

      (d) Any bonds which are reissued or which are refunded; and

      (e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,

Ê all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to the provisions of paragraphs (a) and (b) of subsection 1 of NRS 373.065, paragraphs (a) and (b) of subsection 1 of NRS 373.066, paragraphs (a) and (b) of subsection 1 of NRS 373.0663 and paragraphs (a) and (b) of subsection 1 of NRS 373.0667 may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. Such taxes may also be used by a commission in a county whose population is 100,000 or more for the payment of bonds or other securities issued pursuant to the provisions of this chapter and may be pledged therefor if the board of the county consents to such use. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.

 


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and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.

      7.  The ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing the issuance of any bond or other revenue security under this section must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board or commission, as the case may be, of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified, if such bond or other security is issued by the county and not the commission.

      8.  Notwithstanding any other provision of this chapter, no commission has authority to issue bonds or other securities pursuant to this chapter unless the commission has executed an interlocal agreement with the county relating to the issuance of bonds or other securities by the commission. Any such interlocal agreement must include an acknowledgment of the authority of the commission to issue bonds and other securities and contain provisions relating to the pledge of revenues for the repayment of the bonds or other securities, the lien priority of the pledge of revenues securing the bonds or other securities, and related matters.

      Sec. 12. NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must first be submitted to the commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663, except as otherwise provided in section 1 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131.

 


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subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663, except as otherwise provided in section 1 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      6.  The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.

      Sec. 12.5. NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must first be submitted to the commission.

 


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of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must first be submitted to the commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, except as otherwise provided in section 14.5 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

 


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      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      6.  The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.

      Sec. 13. NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must first be submitted to the commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, except as otherwise provided in section 15 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project.

 


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The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      6.  The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.

      Sec. 14. NRS 373.160 is hereby amended to read as follows:

      373.160  1.  The ordinance or ordinances, or the resolution or resolutions, providing for the issuance of any bonds or other securities issued under this chapter payable from the receipts from the fuel excise taxes designated in this chapter may at the discretion of the board or, in the case of bonds or other securities issued by a commission, the commission, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued under this chapter.

      2.  If the board or, in the case of bonds or other securities issued by a commission, the commission, determines in any ordinance or resolution authorizing the issuance of any bonds or other securities under this chapter that the proceeds of the taxes levied and collected pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board or, in the case of bonds or other securities issued by a commission, the commission with the consent of the board as provided in subsection 6 of NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

 


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NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

      3.  The pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any fuel so long as any bonds or other securities issued under this chapter remain outstanding and are not limited to any type or types of fuel in use when the bonds or other securities are issued.

      Sec. 14.5. Section 1 of this act is hereby amended to read as follows:

      Section 1.  Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any other provision of law, money collected from the annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS [373.0663] 373.0667 and imposed by the ordinance on or after [November 8, 2016,] January 1, 2017, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected.

      Sec. 15. Section 1 of this act is hereby amended to read as follows:

       Section 1.  Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any other provision of law, money collected from [the] :

      1.  The annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS 373.0663 and imposed by the ordinance after November 8, 2016 [,] ; or

      2.  The annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS 373.0667 and imposed by the ordinance on or after January 1, 2017,

Ê must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected.

      Sec. 16. Section 14 of chapter 540, Statutes of Nevada 2013, at page 3587, is hereby amended to read as follows:

       Sec. 14.  [1.]  This section and sections 1, 1.1, 1.7, 1.75, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 11.5 of this act become effective upon passage and approval.

       [2.  Section 12 of this act becomes effective on October 1, 2013, if and only if a board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013.

 


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       3.  Section 13 of this act becomes effective on October 1, 2013, if and only if a board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013.

       4.  Sections 1.2, 1.5, 3.2 and 8.2 of this act become effective on January 1, 2017, if:

       (a) A board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;

       (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is approved by a majority of the registered voters in this State voting on the question; and

       (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is not approved by a majority of the registered voters in every county in this State voting on the question.

       5.  Sections 1.2, 1.3, 1.5, 1.8, 1.85, 2.3, 3.1, 4.3, 5.3, 6.3, 7.3, 8.1, 9.3, 10.3 and 11.1 of this act become effective on January 1, 2017, if:

       (a) A board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;

       (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is approved by a majority of the registered voters in this State voting on the question; and

       (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

       6.  Sections 1.3, 1.8, 1.85, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, 8.3, 9.3, 10.3 and 11.1 of this act become effective on January 1, 2017, if:

       (a) A board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;

       (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is not approved by a majority of the registered voters in this State voting on the question; and

       (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

       7.  Sections 1.2, 1.5, 3.7 and 8.7 of this act become effective on January 1, 2017, if:

       (a) A board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;

       (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is approved by a majority of the registered voters in this State voting on the question; and

       (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is not approved by a majority of the registered voters in every county in this State voting on the question.

 


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ê2015 Statutes of Nevada, Page 2067 (Chapter 366, AB 191)ê

 

       8.  Sections 1.2, 1.3, 1.5, 1.9, 1.95, 2.7, 3.5, 4.7, 5.7, 6.7, 7.7, 8.5, 9.7, 10.7 and 11.3 of this act become effective on January 1, 2017, if:

       (a) A board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;

       (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is approved by a majority of the registered voters in this State voting on the question; and

       (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

       9.  Sections 1.3, 1.9, 1.95, 2.7, 3.9, 4.7, 5.7, 6.7, 7.7, 8.9, 9.7, 10.7 and 11.3 of this act become effective on January 1, 2017, if:

       (a) A board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;

       (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is not approved by a majority of the registered voters in this State voting on the question; and

       (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

       10.  Sections 1.1, 1.7, 1.75, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this act expire by limitation on October 1, 2013, if a board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013.]

      Sec. 17.  A question must be placed on the ballot at the general election on November 8, 2016, in each county in this State other than Clark County and Washoe County, which asks the voters in the county whether to authorize the board of county commissioners of the county to impose, for the period beginning on January 1, 2017, and ending on December 31, 2026, the taxes authorized by NRS 373.0667, as amended by section 3 of this act, and the additional annual increases in those taxes authorized by that section.

      Sec. 18.  1.  NRS 373.0665 and 373.165 are hereby repealed.

      2.  Sections 1.9, 1.95, 2.7, 3.1, 3.2, 3.5, 3.7, 3.9, 4.7, 5.7, 6.7, 7.7, 8.1, 8.2, 8.5, 8.7, 8.9, 9.7, 10.7, 11.3, 12 and 13 of chapter 540, Statutes of Nevada 2013, at pages 3549, 3550, 3552, 3554, 3555, 3557, 3558, 3561, 3562, 3563, 3564, 3565, 3567, 3569, 3570, 3571, 3576, 3581, 3584 and 3586, are hereby repealed.

      Sec. 19.  Sections 1.3, 1.8, 1.85, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, 8.3, 9.3, 10.3 and 11.1 of chapter 540, Statutes of Nevada 2013, become effective on January 1, 2017, if the question placed on the ballot at the general election on November 8, 2016, pursuant to section 17 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

      Sec. 20.  1.  This section and sections 2 and 16 to 19, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1, 4, 7, 9 and 12 of this act become effective on November 9, 2016, if the question placed on the ballot at the general election on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is approved by a majority of the registered voters in Clark County voting on the question.

 


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ê2015 Statutes of Nevada, Page 2068 (Chapter 366, AB 191)ê

 

on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is approved by a majority of the registered voters in Clark County voting on the question.

      3.  Sections 3, 4.5, 6, 7.5, 9.5, 11, 12.5, 14 and 14.5 of this act become effective on January 1, 2017, if:

      (a) The question placed on the ballot at the general election on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is not approved by a majority of the registered voters in Clark County voting on the question; and

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to section 17 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

      4.  Sections 3, 5, 6, 8, 10, 11, 13, 14 and 15 of this act become effective on January 1, 2017, if:

      (a) The question placed on the ballot at the general election on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is approved by a majority of the registered voters in Clark County voting on the question; and

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to section 17 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

________

CHAPTER 367, AB 206

Assembly Bill No. 206–Assemblymen Spiegel, Swank; Carrillo, Joiner, Kirkpatrick, Ohrenschall, Oscarson, Sprinkle and Thompson

 

CHAPTER 367

 

[Approved: June 5, 2015]

 

AN ACT relating to education; requiring a principal at a public school to provide certain information to the parent or guardian of a pupil who was included in a report of bullying or who school authorities believe has certain issues relating to his or her health regarding resources that may be available in the community for the pupil; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the principal of a public school or his or her designee to provide written notice to the parent or legal guardian of any pupil involved in a bullying or cyber-bullying incident on the premises of the school, at an activity sponsored by the school or on a school bus. (NRS 388.135, 388.1351) Section 1 of this bill requires the principal of a public school or his or her designee to provide a list of any resources that may be available in the community to assist a pupil to each parent or legal guardian of a pupil to whom written notice was provided, if such information is available.

      Existing law also requires public school authorities to notify the parent or guardian of a child who is found or believed to have scoliosis, any visual or auditory problems or any gross physical defect. (NRS 392.420) Section 2 of this bill requires any written notice required pursuant to these provisions to include a list of any resources that may be available in the community to provide appropriate medical attention, if such information is available.

 


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ê2015 Statutes of Nevada, Page 2069 (Chapter 367, AB 206)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 388.1351 is hereby amended to read as follows:

      388.1351  1.  A teacher or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall verbally report the violation to the principal or his or her designee on the day on which the teacher or other staff member witnessed the violation or received information regarding the occurrence of a violation.

      2.  The principal or his or her designee shall initiate an investigation not later than 1 day after receiving notice of the violation pursuant to subsection 1. The principal or the designee shall provide written notice of a reported violation of NRS 388.135 to the parent or legal guardian of each pupil involved in the reported violation. The notice must include, without limitation, a statement that the principal or the designee will be conducting an investigation into the reported violation and that the parent or legal guardian may discuss with the principal or the designee any counseling and intervention services that are available to the pupil.

      3.  The investigation conducted pursuant to subsection 2 must be completed within 10 days after the date on which the investigation is initiated and, if a violation is found to have occurred, include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      [3.] 4.  The parent or legal guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the principal or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      5.  To the extent that information is available, the principal or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.

      Sec. 2. NRS 392.420 is hereby amended to read as follows:

      392.420  1.  In each school at which a school nurse is responsible for providing nursing services, the school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

 


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ê2015 Statutes of Nevada, Page 2070 (Chapter 367, AB 206)ê

 

      (a) For visual and auditory problems:

            (1) Before the completion of the first year of initial enrollment in elementary school;

             (2) In at least one additional grade of the elementary schools; and

             (3) In one grade of the middle or junior high schools and one grade of the high schools; and

      (b) For scoliosis, in at least one grade of schools below the high schools.

Ê Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.

      2.  If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, the child must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

      3.  A special examination for a possible visual or auditory problem must be provided for any child who:

      (a) Is enrolled in a special program;

      (b) Is repeating a grade;

      (c) Has failed an examination for a visual or auditory problem during the previous school year; or

      (d) Shows in any other way that the child may have such a problem.

      4.  The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it. Any written notice provided to the parent or guardian of a child pursuant to this subsection must include, to the extent that information is available, a list of any resources that may be available in the community to provide such medical attention, including, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring that the pupil receives such resources.

      5.  In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.

      6.  The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:

      (a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and

      (b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.

 


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ê2015 Statutes of Nevada, Page 2071 (Chapter 367, AB 206)ê

 

      7.  The school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if the child’s parent or guardian files with the teacher a written statement objecting to the examination.

      8.  Each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he or she is responsible for providing services to the Chief Medical Officer in the format prescribed by the Chief Medical Officer. Each such report must exclude any identifying information relating to a particular child. The Chief Medical Officer shall compile all such information the Officer receives to monitor the health status of children and shall retain the information.

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

________

CHAPTER 368, AB 234

Assembly Bill No. 234–Assemblymen Munford, Hickey, Diaz, Thompson, Flores; Elliot Anderson, Araujo, Benitez-Thompson, Bustamante Adams, Joiner, Kirkpatrick, Neal, Ohrenschall, Sprinkle, Swank and Wheeler

 

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

 

CHAPTER 368

 

[Approved: June 5, 2015]

 

AN ACT relating to education; requiring the standards of content and performance for a course of study in social studies established by the Council to Establish Academic Standards for Public Schools to include multicultural education; requiring certain licensed teachers to complete a course in multicultural education for renewal of their license; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for certain courses of study, including social studies. (NRS 389.520) Section 1.5 of this bill requires: (1) the standards of content and performance for social studies to include multicultural education; and (2) the Council to consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.

      Section 2 of this bill requires a licensed teacher who is initially licensed on or after July 1, 2015, to submit with his or her first application for renewal of his or her license proof of the completion of a course in multicultural education. If the teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license. Section 2 also requires the Commission on Professional Standards in Education to prescribe the contents and credits required for such a course in multicultural education.

 


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ê2015 Statutes of Nevada, Page 2072 (Chapter 368, AB 234)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. (Deleted by amendment.)

      Sec. 1.5. NRS 389.520 is hereby amended to read as follows:

      389.520  1.  The Council shall:

      (a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection [3,] 4, based upon the content of each course, that is expected of pupils for the following courses of study:

             (1) English, including reading, composition and writing;

             (2) Mathematics;

             (3) Science;

             (4) Social studies, which includes only the subjects of history, geography, economics and government;

             (5) The arts;

             (6) Computer education and technology;

             (7) Health; and

             (8) Physical education.

      (b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the examinations administered pursuant to NRS 389.550.

      (c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

      2.  The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:

      (a) The ethical use of computers and other electronic devices, including, without limitation:

             (1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and

             (2) Methods to ensure the prevention of:

                   (I) Cyber-bullying;

                   (II) Plagiarism; and

                   (III) The theft of information or data in an electronic form;

      (b) The safe use of computers and other electronic devices, including, without limitation, methods to:

             (1) Avoid cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;

             (2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and

             (3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;

      (c) The secure use of computers and other electronic devices, including, without limitation:

 


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ê2015 Statutes of Nevada, Page 2073 (Chapter 368, AB 234)ê

 

             (1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;

             (2) The necessity for secure passwords or other unique identifiers;

             (3) The effects of a computer contaminant;

             (4) Methods to identify unsolicited commercial material; and

             (5) The dangers associated with social networking Internet sites; and

      (d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.

      3.  The standards for social studies must include multicultural education, including, without limitation, information relating to contributions made by men and women from various racial and ethnic backgrounds. The Council shall consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.

      4.  The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

      [4.]5.  The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:

      (a) Adopt the standards for each course of study, as submitted by the Council; or

      (b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.

      [5.]6.  If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:

      (a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and

      (b) Return the standards or the revised standards, as applicable, to the State Board.

Ê The State Board shall adopt the standards of content and performance or the revised standards, as applicable.

      [6.]7.  The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 389.550.

      [7.]8.  As used in this section:

      (a) “Computer contaminant” has the meaning ascribed to it in NRS 205.4737.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Electronic communication” has the meaning ascribed to it in NRS 388.124.

      Sec. 2. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

 


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ê2015 Statutes of Nevada, Page 2074 (Chapter 368, AB 234)ê

 

      1.  Any licensed teacher who is initially licensed on or after July 1, 2015, except for a teacher who is licensed only as a substitute teacher, must submit with his or her first application for renewal of his or her license to teach proof of the completion of a course in multicultural education. If the licensed teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license to teach.

      2.  The Commission shall adopt regulations:

      (a) That prescribe the required contents of a course in multicultural education which must be completed pursuant to this section;

      (b) That prescribe the number of credits which must be earned by a licensed teacher in a course in multicultural education; and

      (c) As otherwise necessary to carry out the requirements of this section.

      Sec. 3.  On or before January 1, 2016, the Commission on Professional Standards in Education shall adopt regulations to carry out the provisions of section 2 of this act.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $8,406 for the costs of programming changes to the licensure system of the Department and the adoption of regulations related to multicultural education as required by the amendatory provisions of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2017, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2017.

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

________

 

 

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