[Rev. 10/12/2015 2:08:58 PM]

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ê2015 Statutes of Nevada, Page 2189ê

 

CHAPTER 387, SB 227

Senate Bill No. 227–Senators Kieckhefer, Kihuen; Harris and Woodhouse

 

CHAPTER 387

 

[Approved: June 8, 2015]

 

AN ACT relating to education; creating the Silver State Opportunity Grant Program; providing for the calculation and award of grants under the Program to qualified students enrolled in community colleges and state colleges of the Nevada System of Higher Education; requiring the Board of Regents of the University of Nevada to submit to the Legislature a biennial report on the Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Silver State Opportunity Grant Program. Under the Program, the Board of Regents of the University of Nevada is required to award grants to eligible students who are enrolled in community colleges and state colleges that are part of the Nevada System of Higher Education to pay for a portion of the cost of education at such institutions. Section 3 of this bill sets forth the criteria for eligibility for such a grant. Section 4 of this bill requires the Board of Regents or a designee of the Board to: (1) calculate the maximum amount of the grant which a student is eligible to receive; (2) determine the actual amount each eligible student will receive; and (3) make grants to all eligible students. Section 4 provides that any money awarded under the Program must be used only to pay the cost of education of a student and not for any other purpose. Section 5 of this bill requires the Board of Regents to adopt regulations prescribing the procedures and standards for determining eligibility, the methodology for calculating the financial need of a student and the process by which a student may meet certain requirements for eligibility for a grant. Section 6 of this bill authorizes the Board of Regents to accept gifts, grants, bequests and donations to fund grants awarded under the Program.

      Section 7 of this bill requires the Board of Regents to submit a biennial report on the Program to the Legislature. The report must include information regarding: (1) the number of grants awarded under the Program; (2) the average amount of each grant; and (3) the percentage of students awarded grants who remained in school and who eventually earned a degree or certificate.

 

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

      Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “Program” means the Silver State Opportunity Grant Program created by section 3 of this act.

      Sec. 3. 1.  The Silver State Opportunity Grant Program is hereby created for the purpose of awarding grants to eligible students to pay for a portion of the cost of education at a community college or state college within the System.

      2.  The Board of Regents shall administer the Program.

 


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ê2015 Statutes of Nevada, Page 2190 (Chapter 387, SB 227)ê

 

      3.  In administering the Program, the Board of Regents shall for each semester, subject to the limits of money available for this purpose, award a grant to each eligible student to pay for a portion of the cost of education at a community college or state college within the System.

      4.  To be eligible for a grant awarded under the Program, a student must:

      (a) Be enrolled, or accepted to be enrolled, during a semester in at least 15 credit hours at a community college or state college within the System;

      (b) Be enrolled in a program of study leading to a recognized degree or certificate;

      (c) Demonstrate proficiency in English and mathematics sufficient for placement into college-level English and mathematics courses pursuant to regulations adopted by the Board of Regents for such placement;

      (d) Be a bona fide resident of the State of Nevada for the purposes of determining pursuant to NRS 396.540 whether the student is assessed a tuition charge; and

      (e) Complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.

      Sec. 4. 1.  For each eligible student, the Board of Regents or a designee thereof shall:

      (a) Calculate the maximum amount of the grant which the student is eligible to receive. The maximum amount of such a grant must not exceed the amount equal to the cost of education of the student minus the amounts determined for the student contribution, family contribution and federal contribution to the cost of education of the student.

      (b) Determine the actual amount of the grant which will be awarded to each student, which amount must not exceed the maximum amount calculated pursuant to paragraph (a), but which may be in a lesser amount if the Board of Regents or a designee thereof, as applicable, determines that the amount of money available for all grants for any semester is insufficient to award to all eligible students the maximum amount of the grant which each student is eligible to receive.

      (c) Award to each eligible student a grant in the amount determined pursuant to paragraph (b).

      2.  Money received from a grant awarded under the Program must be used by a student only to pay for the cost of education of the student at a community college or state college within the System and not for any other purpose.

      Sec. 5. 1.  The Board of Regents:

      (a) Shall adopt regulations prescribing the procedures and standards for determining the eligibility of a student for a grant from the Program.

      (b) Shall adopt regulations prescribing the methodology by which the Board of Regents or a designee thereof will calculate:

             (1) The cost of education of a student at each community college and state college within the System, which must be consistent with the provisions of 20 U.S.C. § 1087ll.

             (2) For each student, the amounts of the student contribution, family contribution and federal contribution to the cost of education of the student.

             (3) The maximum amount of the grant for which a student is eligible.

 


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ê2015 Statutes of Nevada, Page 2191 (Chapter 387, SB 227)ê

 

      (c) Shall adopt regulations prescribing the process by which each student may meet the credit-hour requirement described in paragraph (a) of subsection 4 of section 3 of this act for eligibility for a grant awarded under the Program.

      (d) May adopt any other regulations necessary to carry out the Program.

      2.  The regulations prescribed pursuant to this section must provide that:

      (a) In determining the student contribution to the cost of education, the student contribution must not exceed the amount that the Board of Regents determines the student reasonably could be expected to earn from employment during the time the student is enrolled at a community college or state college within the System, including, without limitation, during breaks between semesters. This paragraph and any regulations adopted pursuant to this section must not be construed to require a student to seek or obtain employment as a condition of eligibility for a grant under the Program.

      (b) Determination of the family contribution to the cost of education must be based on the family resources reported in the Free Application for Federal Student Aid submitted by the student.

      (c) Determination of the federal contribution to the cost of education must be equal to the total amount that the student and his or her family are expected to receive from the Federal Government as grants.

      Sec. 6. In addition to any direct legislative appropriation from the State General Fund, the Board of Regents may accept gifts, grants, bequests and donations to fund grants awarded under the Program.

      Sec. 7. On or before February 1 of each odd-numbered year, the Board of Regents shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report on the Program which must include, without limitation, information regarding:

      1.  The number of students during the immediately preceding school year who were awarded grants under the Program.

      2.  The average amount of each grant awarded under the Program for the immediately preceding school year.

      3.  The success of the Program, including, without limitation, information regarding the percentage of students awarded grants since the creation of the Program who have remained enrolled at a community college or state college within the System and the percentage of students awarded grants since the creation of the Program who have been awarded a degree or certificate.

      Sec. 8.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Secs. 9 and 10. (Deleted by amendment.)

      Sec. 11.  This act becomes effective:

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

      2.  On July 1, 2015, for all other purposes.

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ê2015 Statutes of Nevada, Page 2192 (Chapter 387, SB 227)ê

 

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 388, SB 511

Senate Bill No. 511–Senators Roberson, Kieckhefer, Harris and Ford

 

Joint Sponsors: Assemblymen Paul Anderson, Kirkpatrick and Hambrick

 

CHAPTER 388

 

[Approved: June 8, 2015]

 

AN ACT relating to education; making an appropriation to provide grants to universities, colleges and providers of alternative licensure programs in this State to award scholarships to students entering certain teaching programs; prescribing the manner in which such scholarships must be awarded; requiring a college or university that receives a grant to repay a certain amount if a scholarship recipient leaves the teaching program before graduating; providing for the payment of a certain amount to such a college or university if a scholarship recipient graduates on schedule from the teaching program; making an appropriation to provide certain incentives for newly hired teachers who are employed to teach in certain schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 7-10 of this bill establish the Teach Nevada Scholarship Program to provide scholarships to students pursuing teaching degrees at a university, college or other provider of an alternative licensure program in this State. Section 7 establishes the Teach Nevada Scholarship Program Account in the State General Fund to receive money to pay for Teach Nevada Scholarships, and section 11 of this bill makes an appropriation of money to the Account. Section 8 authorizes a university, college or other provider of an alternative licensure program that offers an eligible teaching program in this State to apply to the State Board of Education for a grant of money to fund scholarships. A teaching program is eligible to receive a grant if: (1) completing the program makes a student eligible to obtain a license to teach kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State; or (2) the program allows a student to specialize in the subject area of early childhood education. Section 8 requires the State Board to: (1) establish the number of scholarships available each year based on available money; and (2) review such applications and award such grants. Section 8 allows a student who attends or who has been accepted to a university, college or other provider of alternative licensure that receives a grant to apply for a Teach Nevada Scholarship.

      Section 9 of this bill requires a university, college or other provider of an alternative licensure program that receives such a grant to award scholarships to approved students at the beginning of each semester by: (1) disbursing 75 percent of the scholarship amount for the semester to the scholarship recipient: and (2) placing the remaining 25 percent of the scholarship in a trust account. Section 9 allows a scholarship recipient to claim the money in the trust account if the scholarship recipient: (1) completes the program for which he or she was awarded a scholarship; (2) is employed at a public school in this State as a teacher of pupils in kindergarten or grades 1 through 12 for the 5 school years immediately following graduation; and (3) meets any other requirements prescribed by the State Board. Section 10 of this bill: (1) requires a university, college or other provider of an alternative licensure program that awards a scholarship to repay a certain amount to the State Board if the scholarship recipient leaves the teaching program offered by the university, college or other provider of an alternative licensure program; and (2) requires the State Board, to the extent that money is available, to pay a certain amount to the university, college or other provider of an alternative licensure program that awards a scholarship if the scholarship recipient completes the teaching program offered by the university, college or other provider of an alternative licensure program on schedule.

 


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ê2015 Statutes of Nevada, Page 2193 (Chapter 388, SB 511)ê

 

to the extent that money is available, to pay a certain amount to the university, college or other provider of an alternative licensure program that awards a scholarship if the scholarship recipient completes the teaching program offered by the university, college or other provider of an alternative licensure program on schedule. A university, college or other provider of an alternative licensure program that receives such a payment must use the money to pay costs associated with its teaching program.

      Existing law requires the board of trustees of a school district to establish a program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators. (NRS 391.168) Section 11 of this bill appropriates money to the Account for Programs for Innovation and the Prevention of Remediation in the State General Fund. Section 12 of this bill requires the State Board to award a grant of such money to each board of trustees of a school district that applies for such a grant. Section 12 requires a board of trustees of a school district that receives such a grant to use such money to provide incentives to recruit teachers to certain schools that have a high need for teachers through its program of performance pay and enhanced compensation. Specifically, a board of trustees that receives a grant must use the money to: (1) increase the base salary of newly hired teachers at such schools for their first 2 years of employment; and (2) provide professional development to such teachers during their first 2 years of employment.

 

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

      Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Account” means the Teach Nevada Scholarship Program Account created pursuant to section 7 of this act.

      Sec. 4. “Other provider of an alternative licensure program” means an entity, other than a university or college, which has been approved by the Commission in accordance with regulations adopted pursuant to NRS 391.019 to provide education and training to a student which will lead to an alternative route to licensure for the student.

      Sec. 5. “Scholarship recipient” means the recipient of a Teach Nevada Scholarship awarded pursuant to section 9 of this act.

      Sec. 6. “Teach Nevada Scholarship” means a scholarship awarded by a university, college or other provider of an alternative licensure program to a student pursuant to section 9 of this act.

      Sec. 7. 1.  The Teach Nevada Scholarship Program Account is hereby created in the State General Fund. The Account must be administered by the State Board.

      2.  The interest and income earned on:

      (a) The money in the Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Account.

 


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ê2015 Statutes of Nevada, Page 2194 (Chapter 388, SB 511)ê

 

      3.  Any money remaining in the Account at the end of a fiscal year including, without limitation, any unexpended appropriations made to the Account from the State General Fund does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      4.  The State Board may accept gifts and grants of money from any source for deposit in the Account.

      5.  The money in the Account may only be used to award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Teach Nevada Scholarships pursuant to section 9 of this act.

      Sec. 8. 1.  A public or private university, college or other provider of an alternative licensure program in this State is eligible to apply to the State Board for a grant from the Account to award scholarships to students who attend the university, college or other provider of an alternative licensure program to complete a program offered by the university, college or other provider of an alternative licensure program that has been approved by the State Board and which:

      (a) Upon completion makes a student eligible to obtain a license to teach kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State; or

      (b) Allows a student to specialize in the subject area of early childhood education.

      2.  The State Board shall:

      (a) Establish the number of Teach Nevada Scholarships that will be available each year based upon the amount of money available in the Account.

      (b) Review all applications submitted pursuant to subsection 1 and award a grant of money from the Account to an approved university, college or other provider of an alternative licensure program to the extent that money is available in an amount determined by the State Board.

      3.  The State Board may prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greater number of recipients who:

      (a) Are veterans or the spouses of veterans;

      (b) Intend to teach in public schools in this State which have the highest shortage of teachers;

      (c) Have been economically disadvantaged or belong to a racial or ethnic minority group; or

      (d) Will be eligible to teach in a subject area for which there is a shortage of teachers. Such a subject area may include, without limitation, science, technology, engineering, mathematics, special education or English as a second language.

      4.  A student may apply for a Teach Nevada Scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Account only if the student attends or has been accepted to attend the university, college or other provider of an alternative licensure program to complete a program described in subsection 1.

 


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ê2015 Statutes of Nevada, Page 2195 (Chapter 388, SB 511)ê

 

subsection 1. An application submitted by the student must identify the program to be completed and the date by which the student must complete the program to finish on schedule.

      5.  The State Board may adopt any regulations necessary to carry out the provisions of sections 2 to 10, inclusive, of this act.

      Sec. 9. 1.  Each university, college or other provider of an alternative licensure program that is awarded a grant of money from the Account pursuant to section 8 of this act shall use the money to award Teach Nevada Scholarships to students who will attend the university, college or other provider of an alternative licensure program with the intent to complete a program described in subsection 1 of section 8 of this act. Such students may include, without limitation:

      (a) Recent high school graduates who enroll in a program described in subsection 1 of section 8 of this act;

      (b) Students who are enrolled at a university or college who change their academic program or major to a program described in subsection 1 of section 8 of this act;

      (c) Students who have completed some credits at a university or college and who enroll in a program described in subsection 1 of section 8 of this act;

      (d) Students who possess a bachelor’s degree in a field other than education who pursue an alternative route to licensure as a teacher;

      (e) Veterans and the spouses of veterans; and

      (f) Students who have had some experience working in a classroom, including, without limitation, as a paraprofessional or substitute teacher.

      2.  A university, college or other provider of an alternative licensure program may award a Teach Nevada Scholarship to a scholarship recipient in an amount not to exceed $3,000 per semester or $24,000 in the aggregate.

      3.  A university, college or other provider of an alternative licensure program that awards a Teach Nevada Scholarship shall, at the beginning of each semester:

      (a) Disburse to the scholarship recipient 75 percent of the scholarship money awarded to the scholarship recipient for the semester; and

      (b) Deposit 25 percent of such money into a trust account established for the scholarship recipient.

      4.  A scholarship recipient may only receive the money deposited in the trust account established pursuant to paragraph (b) of subsection 3 if the scholarship recipient:

      (a) Completes the program for which he or she was awarded the scholarship;

      (b) Maintains employment as a teacher at a public school in this State for 5 consecutive school years immediately following completion of the program; and

      (c) Meets any other requirements established by the State Board.

      5.  To receive the money placed into the trust account pursuant to paragraph (b) of subsection 3, a scholarship recipient who meets the requirements set forth in subsection 4 must request the university, college or other provider of an alternative licensure program that established the trust account to withdraw the money within 120 days after the 5-year anniversary of the date on which the scholarship recipient completed the program for which he or she was awarded the scholarship.

 


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ê2015 Statutes of Nevada, Page 2196 (Chapter 388, SB 511)ê

 

anniversary of the date on which the scholarship recipient completed the program for which he or she was awarded the scholarship. Any money in a trust account that is not claimed within that time reverts to the university, college or other provider of an alternative licensure program that established the trust account and must be used only to pay any costs associated with a program described in subsection 1 of section 8 of this act.

      6.  If a scholarship recipient fails to meet the requirements of subsection 4, the university, college or other provider of an alternative licensure program that established the trust account for the scholarship recipient must transfer any money in the trust account to the State Board for credit to the Account.

      Sec. 10. 1.  If a scholarship recipient does not complete the program for which the scholarship was awarded for any reason, including, without limitation, withdrawing from the university, college or other provider of an alternative licensure program or pursuing another course of study, the university, college or other provider of an alternative licensure program that awarded the scholarship must pay to the State Board for credit to the Account:

      (a) Any amount of money placed in a trust account on behalf of the scholarship recipient pursuant to section 9 of this act;

      (b) Any amount of money that the university, college or other provider of an alternative licensure program has received but has not yet disbursed to the scholarship recipient pursuant to section 9 of this act; and

      (c) An amount of money equal to the total amount of money disbursed to the scholarship recipient pursuant to section 9 of this act or $1,000, whichever is less.

      2.  If a scholarship recipient completes the program for which the scholarship was awarded on schedule, as described in the application for the scholarship submitted pursuant to section 8 of this act, to the extent that money is available for this purpose, the State Board shall pay $1,000 to the university, college or other provider of an alternative licensure program that awarded the scholarship. Any money received by a university, college or other provider of an alternative licensure program pursuant to this section must be used to pay costs associated with providing a program described in subsection 1 of section 8 of this act.

      Sec. 11.  1.  There is hereby appropriated from the State General Fund to the Teach Nevada Scholarship Program Account created by section 7 of this act the following sums:

      (a) For the Fiscal Year 2015-2016................................................ $2,500,000

      (b) For the Fiscal Year 2016-2017................................................ $2,500,000

      2.  There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.031 the following sums:

      (a) For the Fiscal Year 2015-2016................................................ $5,000,000

      (b) For the Fiscal Year 2016-2017................................................ $5,000,000

      Sec. 12.  1.  On or before August 31, 2015, the board of trustees of a school district may apply to the State Board of Education for a grant of money from the money appropriated to the Account for Programs for Innovation and the Prevention of Remediation pursuant to section 11 of this act to provide financial incentives to newly hired teachers as described in subsection 2. Each application submitted pursuant to this section must include the number of teachers to whom the board of trustees intends to provide such incentives.

 


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ê2015 Statutes of Nevada, Page 2197 (Chapter 388, SB 511)ê

 

include the number of teachers to whom the board of trustees intends to provide such incentives. On or before October 31, 2015, the State Board shall distribute the money to each board of trustees of a school district that submits an application in proportion to the number of teachers to whom the board of trustees plans to provide incentives.

      2.  Each board of trustees of a school district that receives a grant of money pursuant to subsection 1 must use the money to pay for incentives to newly hired teachers through the program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators established by the board of trustees pursuant to NRS 391.168. A board of trustees of a school district may only use such money to provide incentives to licensed teachers who:

      (a) Were not employed by the board of trustees during the 2014-2015 school year; and

      (b) Are employed full-time to teach in a school that:

             (1) Is a Title I school as defined in NRS 385.3467; or

             (2) Received one of the two lowest possible ratings indicating underperformance of a public school, as determined by the Department of Education pursuant to the statewide system of accountability for public schools, for the 2015-2016 school year.

      3.  An incentive provided pursuant to subsection 2 may be used to increase the base salary of a teacher for the 2015-2016 and 2016-2017 school years in an amount not to exceed $5,000 per school year. A teacher who receives such an incentive is not entitled to continue to receive such an incentive after the 2016-2017 school year, and the board of trustees of a school district is not required to pay such an incentive after that school year.

      4.  The board of trustees of a school district that provides an incentive pursuant to subsection 2 shall provide professional development to each teacher who receives such an incentive for each school year for which the teacher receives the incentive.

      Sec. 13.  This act becomes effective on July 1, 2015.

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CHAPTER 389, SB 432

Senate Bill No. 432–Committee on Finance

 

CHAPTER 389

 

[Approved: June 8, 2015]

 

AN ACT relating to education; providing for the distribution of money to public schools designated as Victory schools because they have high numbers of pupils living in poverty and received a rating indicating underperformance; requiring an assessment of the needs of the pupils at such schools; requiring Victory schools to use the money received to offer certain programs and services; authorizing the State Board of Education to withhold money if a Victory school demonstrates unsatisfactory pupil achievement and school performance; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 2198 (Chapter 389, SB 432)ê

 

Legislative Counsel’s Digest:

      This bill provides for the distribution of money to schools that have high numbers of pupils living in poverty and have received one of the two lowest possible ratings indicating underperformance of a public school, as determined by the Department of Education pursuant to the statewide system of accountability for public schools, for the preceding school year, which are designated as Victory schools. This bill requires each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school to conduct an assessment of the needs of pupils at such schools and submit a comprehensive plan for meeting those needs by a certain date. This bill allows a comprehensive plan to be submitted at a later date if the school district or governing body submits to the Department a letter of intent to meet the educational needs of pupils enrolled in each Victory school operated by the school district or governing body, as applicable. A Victory school is required to use the money distributed to the school to provide certain programs and services.

      Existing law requires the principal of each school to prepare a plan to improve the achievement of the pupils enrolled in the school and submit the plan to various entities, including the Superintendent of Public Instruction and the Department of Education. (NRS 385.357) This bill requires the principal of a Victory school to include in such a plan a description of how the money distributed to the school is being used to meet the needs of the pupils at the school. This bill also requires the board of trustees of each school district in which a Victory school is designated and the governing body of each charter school which is designated as a Victory school to submit a report concerning the programs and services provided using the money distributed to the school.

      This bill requires the Department of Education to contract with an independent evaluator to evaluate the effectiveness of programs and services provided pursuant to this bill and authorizes the State Board of Education to require a Victory school that demonstrates unsatisfactory pupil achievement and school performance to take corrective action. The State Board is also authorized to direct the Department of Education to withhold money if unsatisfactory pupil achievement and school performance continues.

 

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 Legislature finds and declares that:

      1.  It is the public policy of this State to provide each pupil enrolled in a public school with high-quality instruction.

      2.  Pupils who live in poverty benefit from attending a school that has a sustained focus on improving pupil achievement using methods that take into account a variety of factors that influence pupil achievement.

      3.  Pupils who live in poverty should be provided with services and instruction that is designed to address the needs of such pupils so that each such pupil:

      (a) Reads at or above the level of the average pupil in third grade before the pupil completes third grade;

      (b) Is prepared to engage in a rigorous high school curriculum upon completion of eighth grade; and

      (c) Graduates from high school with the skills and attributes necessary to immediately succeed in college or a career.

 


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ê2015 Statutes of Nevada, Page 2199 (Chapter 389, SB 432)ê

 

      4.  The cost of providing additional services to pupils who live in poverty will continue to be studied with the purpose of updating the formula for funding schools as necessary.

      Sec. 2.  1.  The Department of Education shall designate a public school as a Victory school if, relative to other public schools, including charter schools, that are located in the school district in which the school is also located:

      (a) A high percentage of pupils enrolled in the school live in households that have household incomes that are less than the federally designated level signifying poverty, based on the most recent data compiled by the Bureau of the Census of the United States Department of Commerce; and

      (b) The school received one of the two lowest possible ratings indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools, for the immediately preceding school year.

      2.  The Department shall designate each Victory school for the 2015-2016 Fiscal Year on or before June 1, 2015.

      3.  The Department shall transfer money from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.031 to each school district in which a Victory school is designated and each sponsor of a charter school that is designated as a Victory school on a per pupil basis. The amount distributed per pupil must be determined by dividing the amount of money appropriated to the Account by the 2015 Legislature for Victory schools by the total number of pupils who are enrolled in Victory schools statewide. After receiving money from the Account pursuant to this subsection:

      (a) A school district shall distribute the money to each Victory school in the school district on a per pupil basis.

      (b) A sponsor of a charter school shall distribute the money to each Victory school that it sponsors on a per pupil basis.

      4.  The board of trustees of each school district in which a Victory school is located and the governing body of each charter school that is designated as a Victory school shall, as soon as practicable after the school is designated as a Victory school, conduct an assessment of the needs of pupils that attend the school. The assessment must include soliciting input from the community served by the Victory school and identify any barriers to improving pupil achievement and school performance and strategies to meet the needs of pupils at the school.

      5.  Except as otherwise provided in subsection 7, on or before August 15, 2015, the board of trustees of each school district in which a Victory school is designated for the 2015-2016 Fiscal Year and the governing body of each charter school that is designated as a Victory school for the 2015-2016 Fiscal Year shall submit to the Department a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school. The board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall select at least one person who is familiar with the public schools in the school district or with the charter school, respectively, to assist with the development of the plan. The plan must:

 


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ê2015 Statutes of Nevada, Page 2200 (Chapter 389, SB 432)ê

 

      (a) Include appropriate means to determine the effectiveness of the plan;

      (b) Be based on the assessment of the needs of the pupils who attend the school conducted pursuant to subsection 4;

      (c) Analyze available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and other pupil achievement data collected and maintained by the school district or charter school;

      (d) Include a description of the criteria used to select entities to provide programs and services to pupils enrolled in the Victory school;

      (e) Include a description of the manner in which the school district or governing body will collaborate with selected entities so that academic programs and services and nonacademic programs and services, including, without limitation, transportation services, may be offered without charge to support pupils and their families within the region in which the school is located;

      (f) Take into account the number and types of pupils who attend the school and the locations where such pupils reside;

      (g) Provide for the coordination of the existing or planned engagement of other persons who provide services in the region in which the school is located;

      (h) Coordinate all funding available to each school that is subject to the plan;

      (i) Provide for the coordination of all available resources to each school that is subject to the plan, including, without limitation, instructional materials and textbooks;

      (j) Identify, for each school or group of schools subject to the plan, which of the measures described in subsection 8 will be implemented; and

      (k) Identify the person or persons selected pursuant to this subsection who assisted with the development of the plan.

      6.  The Department shall review each plan submitted pursuant to subsection 5 to determine whether, or the extent to which, the plan complies with the requirements of this section and either approve or request revisions to the plan.

      7.  If the board of trustees of a school district in which a Victory school is designated or the governing body of a charter school that is designated as a Victory school does not submit a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school on or before August 15, 2015, as required pursuant to subsection 5, the board of trustees of the school district or the governing body of the charter school, as applicable, may submit to the Department a letter of intent to meet the educational needs of pupils enrolled in each Victory school. The letter must include, without limitation:

      (a) An initial assessment of the needs of the pupils who attend the school which is conducted pursuant to subsection 4;

      (b) An analysis of available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and data collected and maintained by the school district or charter school; and

 


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ê2015 Statutes of Nevada, Page 2201 (Chapter 389, SB 432)ê

 

      (c) A summary of activities that the board of trustees or governing body, as applicable, will take to ensure completion of the comprehensive plan required pursuant to subsection 5 by not later than September 15, 2015.

      8.  A Victory school shall use the majority of the money distributed pursuant to subsection 3 to provide one or more of the following:

      (a) A prekindergarten program free of charge, if such a program is not paid for by another grant.

      (b) An expansion of full-day kindergarten classes, if such classes have not otherwise been paid for through legislative appropriation.

      (c) A summer academy or other instruction for pupils free of charge at times during the year when school is not in session.

      (d) Additional instruction or other learning opportunities free of charge at times of day when school is not in session.

      (e) Professional development for teachers and other educational personnel concerning instructional practices and strategies that have proven to be an effective means to increase pupil achievement in populations of pupils similar to those served by the school.

      (f) Incentives for hiring and retaining teachers and other licensed educational personnel who provide any of the programs or services set forth in this subsection from the list prescribed by the State Board of Education pursuant to subsection 14.

      (g) Employment of paraprofessionals, other educational personnel and other persons who provide any of the programs or services set forth in this subsection.

      (h) Reading skills centers.

      9.  A Victory school may use any money distributed pursuant to subsection 3 that is not used for the purposes described in subsection 8 to:

      (a) Provide evidence-based social, psychological or health care services to pupils and their families, including, without limitation, wrap-around services;

      (b) Provide programs and services designed to engage parents and families;

      (c) Provide programs to improve school climate and culture;

      (d) Provide evidence-based programs and services specifically designed to meet the needs of pupils who attend the school, as determined using the assessment conducted pursuant to subsection 4; or

      (e) Any combination thereof.

      10.  A Victory school shall not use any money distributed pursuant to subsection 3 for a purpose not described in subsection 8 or 9.

      11.  Any programs offered at a Victory school pursuant to subsection 8 or 9 must:

      (a) Be designed to meet the needs of pupils at the school, as determined using the assessment conducted pursuant to subsection 4 and to improve pupil achievement and school performance, as determined using the measures prescribed by the State Board of Education; and

      (b) Be based on scientific research concerning effective practices to increase the achievement of pupils who live in poverty.

      12.  Each plan to improve the achievement of pupils enrolled in a Victory school that is prepared by the principal of the school pursuant to NRS 385.357 must describe how the school will use the money distributed pursuant to subsection 3 to meet the needs of pupils who attend the school, as determined using the assessment described in subsection 4 and the requirements of this section.

 


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ê2015 Statutes of Nevada, Page 2202 (Chapter 389, SB 432)ê

 

pursuant to subsection 3 to meet the needs of pupils who attend the school, as determined using the assessment described in subsection 4 and the requirements of this section.

      13.  The Department shall contract with an independent evaluator to evaluate the effectiveness of programs and services provided pursuant to this section. The evaluation must include, without limitation, consideration of the achievement of pupils who have participated in such programs and received such services. When complete, the evaluation must be provided contemporaneously to the Department and the Legislative Committee on Education.

      14.  The State Board of Education shall prescribe a list of recruitment and retention incentives that are available to the school districts and sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel.

      15.  The State Board shall require a Victory school to take corrective action if pupil achievement and school performance at the school are unsatisfactory, as determined by the State Board. If unsatisfactory pupil achievement and school performance continue, the State Board may direct the Department to withhold any additional money that would otherwise be distributed pursuant to this section.

      16.  On or before November 30, 2016, and November 30, 2017, the board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall submit to the Department and to the Legislative Committee on Education a report, which must include, without limitation:

      (a) An identification of schools to which money was distributed pursuant to subsection 3 for the previous fiscal year;

      (b) The amount of money distributed to each such school;

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

      (d) The number of pupils who participated in such programs or received such services;

      (e) The average expenditure per pupil for each program or service that was funded; and

      (f) Recommendations concerning the manner in which the average expenditure per pupil reported pursuant to paragraph (e) may be used to determine formulas for allocating money from the State Distributive School Account in the State General Fund.

      17.  The Legislative Committee on Education shall consider the evaluations of the independent evaluator received pursuant to subsection 13 and the reports received pursuant to subsection 16 and advise the State Board regarding any action the Committee determines appropriate for the State Board to take based upon that information. The Committee shall also make any recommendations it deems appropriate concerning Victory schools to the next regular session of the Legislature which may include, without limitation, recommendations for legislation.

      18.  The money distributed pursuant to subsection 3:

      (a) Must be accounted for separately from any other money received by Victory schools and used only for the purposes specified in this section;

 


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ê2015 Statutes of Nevada, Page 2203 (Chapter 389, SB 432)ê

 

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

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

      19.  Upon request of the Legislative Commission, a Victory school to which money is distributed pursuant to subsection 3 shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of such money.

      20.  As used in this section:

      (a) “Community” includes any person or governmental entity who resides or has a significant presence in the geographic area in which a school is located or who interacts with pupils and personnel at a school, and may include, without limitation, parents, businesses, nonprofit organizations, faith-based organizations, community groups, teachers, administrators and governmental entities.

      (b) “Evidence-based programs and services” means practices, interventions and services that have been proven, through scientifically based research, as defined in 20 U.S.C. § 7801(37), to be effective in improving outcomes for pupils when implemented with fidelity.

      (c) “Victory school” means a school that is so designated by the Department pursuant to subsection 1.

      (d) “Wrap-around services” means supplemental services provided to a pupil with special needs or the family of such a pupil that are not otherwise covered by any federal or state program of assistance.

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

________

CHAPTER 390, AB 443

Assembly Bill No. 443–Committee on Ways and Means

 

CHAPTER 390

 

[Approved: June 8, 2015]

 

AN ACT making an appropriation to the Legislative Counsel Bureau for the cost of dues and registration for national organizations and one-time building maintenance and information technology purchases; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Counsel Bureau the sum of $2,004,232 to be allocated as follows:

 


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ê2015 Statutes of Nevada, Page 2204 (Chapter 390, AB 443)ê

 

      1.  For the cost of dues and registration for national organizations $776,460

      2.  For one-time building maintenance and information technology purchases    $1,227,772

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2017, by the Legislative Counsel Bureau or any entity to which 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 Legislative Counsel Bureau 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. 3.  This act becomes effective on July 1, 2015.

________

CHAPTER 391, SB 506

Senate Bill No. 506–Committee on Finance

 

CHAPTER 391

 

[Approved: June 8, 2015]

 

AN ACT relating to state financial administration; requiring the transfer of certain money to the State General Fund; revising various provisions relating to the authority for such transfers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1-25 of this bill provide for the transfer of money in various accounts and funds for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State. Sections 26-34 of this bill specifically authorize such transfers in provisions in existing law.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2.  The State Controller shall transfer the sum of $19,680,774 from the account created pursuant to paragraph (a) of subsection 1 of NRS 598.0975 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 3. (Deleted by amendment.)

      Sec. 4.  The State Controller shall transfer the sum of $300,000 from money deposited in the Secretary of State’s Operating General Fund Budget Account pursuant to NRS 90.851 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


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ê2015 Statutes of Nevada, Page 2205 (Chapter 391, SB 506)ê

 

between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 5. (Deleted by amendment.)

      Sec. 6.  The State Controller shall transfer the sum of $7,000,000 from the Catalyst Account created by NRS 231.1573 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 7.  The State Controller shall transfer the sum of $4,000,000 from the Knowledge Account created by NRS 231.1592 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 8.  The State Controller shall transfer the sum of $2,000,000 from the Disaster Relief Account created by NRS 353.2735 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 9.  The State Controller shall transfer the sum of $1,662,010 from the account created pursuant to subsection 2 of NRS 231.360 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 10.  The State Controller shall transfer the sum of $573,449 from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.031 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 11.  The State Controller shall transfer the sum of $4,500,000 from the Grant Fund for Incentives for Licensed Educational Personnel created by NRS 391.166 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 12.  The State Controller shall transfer the sum of $400,000 from the Account for Charter Schools created by NRS 386.576 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 13.  The State Controller shall transfer the sum of $216,260 from the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by NRS 458A.090 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Secs. 14 and 15. (Deleted by amendment.)

      Sec. 16.  The State Controller shall transfer the sum of $500,000 from the Fund for the Care of Sites for the Disposal of Radioactive Waste created by NRS 459.231 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


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ê2015 Statutes of Nevada, Page 2206 (Chapter 391, SB 506)ê

 

projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 17.  The State Controller shall transfer the sum of $45,000 from the Division of Public and Behavioral Health of the Department of Health and Human Services - Behavioral Health Prevention and Treatment to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 18. (Deleted by amendment.)

      Sec. 19.  The State Controller shall transfer the sum of $100,000 from the money collected pursuant to paragraph (d) of subsection 1 of NRS 449.163 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Secs. 20-22. (Deleted by amendment.)

      Sec. 23.  The State Controller shall transfer the sum of $1,100,000 from the Account for the Management of Air Quality created by NRS 445B.590 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Secs. 24 and 25. (Deleted by amendment.)

      Sec. 26. NRS 90.851 is hereby amended to read as follows:

      90.851  1.  All money received by the Administrator as the result of an action for the enforcement of the provisions of this chapter must be deposited in the State General Fund for credit to the Secretary of State’s Operating General Fund Budget Account.

      2.  The money deposited in the Account pursuant to this section may be used:

      (a) To pay the expenses of the Office of the Secretary of State involved in:

             (1) Investigations by the Office involving securities;

             (2) Actions to enforce the provisions of this chapter; and

             (3) Providing educational programs for the public which are related to the operations of the Office.

      (b) For any other purpose , [related to the Office of the Secretary of State,] with the approval of the Legislature or the Interim Finance Committee when the Legislature is not in session.

      3.  The money deposited in the Account pursuant to this section, including money deposited in excess of the amount authorized by the Legislature, is restricted to the uses specified, and the unexpended balance of that money may be carried forward at the end of each fiscal year.

      Sec. 27. NRS 231.250 is hereby amended to read as follows:

      231.250  The Fund for the Promotion of Tourism is hereby created as a special revenue Fund. The money in the Fund is hereby appropriated for the support of the Department [.] or for any other purpose authorized by the Legislature.

      Sec. 28. (Deleted by amendment.)

 


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ê2015 Statutes of Nevada, Page 2207 (Chapter 391, SB 506)ê

 

      Sec. 29. NRS 386.577 is hereby amended to read as follows:

      386.577  1.  Money in the Account for Charter Schools may be expended for the purpose set forth in subsection 2 or for any other purpose authorized by the Legislature.

      2.  After deducting the costs directly related to administering the Account for Charter Schools, the State Public Charter School Authority may use the money available in the Account for Charter Schools, including repayments of principal and interest on loans made from the Account, and interest and income earned on money in the Account, [only] to make loans at or below market rate to charter schools for the costs incurred:

      (a) In preparing a charter school to commence its first year of operation; and

      (b) To improve a charter school that has been in operation.

      [2.] 3.  The total amount of a loan that may be made to a charter school pursuant to subsection [1] 2 must not exceed the lesser of an amount equal to $500 per pupil enrolled or to be enrolled at the charter school or $200,000.

      Sec. 30. NRS 387.031 is hereby amended to read as follows:

      387.031  1.  The Account for Programs for Innovation and the Prevention of Remediation is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2. The interest and income earned on the sum of:

      (a) The money in the Account; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  The money in the Account may only be used for public schools and public education [,] or for any other purpose as authorized by the Legislature.

      Sec. 31. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

      (d) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

 


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ê2015 Statutes of Nevada, Page 2208 (Chapter 391, SB 506)ê

 

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (d) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      4.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and 449.435 to 449.965, inclusive, [and] to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards [.] or for any other purpose authorized by the Legislature.

      Secs. 32 and 33. (Deleted by amendment.)

      Sec. 34. NRS 598.0975 is hereby amended to read as follows:

      598.0975  1.  Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

      (a) In an action brought by the Attorney General, must be deposited in the State General Fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive [.] , or for any other purpose authorized by the Legislature.

      (b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

      2.  Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

      (a) The investigation and prosecution of deceptive trade practices against elderly persons or persons with disabilities; and

      (b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

 

 

 


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ê2015 Statutes of Nevada, Page 2209 (Chapter 391, SB 506)ê

 

      3.  The provisions of this section do not apply to:

      (a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

      (b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Attorney General for distribution to the person for whom the restitution was ordered.

      Sec. 35.  This act becomes effective upon passage and approval.

________

CHAPTER 392, SB 497

Senate Bill No. 497–Committee on Finance

 

CHAPTER 392

 

[Approved: June 8, 2015]

 

AN ACT making appropriations to restore the balances in the Stale Claims Account, Emergency Account, Reserve for Statutory Contingency Account and Contingency Account; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the:

      1.  Stale Claims Account created by NRS 353.097 the sum of $2,000,000 to restore the balance in the Account.

      2.  Emergency Account created by NRS 353.263 the sum of $100,000 to restore the balance in the Account.

      3.  Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $2,500,000 to restore the balance in the Account.

      4.  Contingency Account created by NRS 353.266 the sum of $9,000,000 to restore the balance in the Account.

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

________

 

 


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ê2015 Statutes of Nevada, Page 2210ê

 

CHAPTER 393, SB 467

Senate Bill No. 467–Committee on Finance

 

CHAPTER 393

 

[Approved: June 8, 2015]

 

AN ACT making appropriations from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety to replace fleet vehicles that have exceeded the mileage threshold; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety:

      1.  The sum of $7,679,026 to replace fleet vehicles that have exceeded the mileage threshold; and

      2.  The sum of $326,592 to purchase fleet motorcycles to replace other types of fleet vehicles that have exceeded the mileage threshold.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2017, by the Nevada Highway Patrol Division of the Department of Public Safety or any entity to which money from the appropriations 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 Nevada Highway Patrol Division of the Department of Public Safety or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2017.

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

________

 

 


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ê2015 Statutes of Nevada, Page 2211ê

 

CHAPTER 394, SB 502

Senate Bill No. 502–Committee on Finance

 

CHAPTER 394

 

[Approved: June 8, 2015]

 

AN ACT relating to the Department of Motor Vehicles; temporarily authorizing the Department to collect a technology fee; temporarily increasing the limitation on the percentage of the proceeds of certain fees and charges collected by the Department that are authorized for the Department’s costs of administration associated with the collection of those fees and charges; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 3 of this bill authorizes the Department of Motor Vehicles to assess a $1 technology fee on paid transactions, to be used by the Department to pay the expenses associated with implementing, upgrading and maintaining the platform of information technology used by the Department. Section 7 of this bill authorizes the collection of the technology fee until June 30, 2020.

      Under existing law, all the proceeds from the imposition of any license or registration fee and other charges regarding the operation of a motor vehicle on any public highway, road or street in Nevada, except costs of administering the collection thereof, is required to be used exclusively for the construction, maintenance and repair of the State’s public highways. (Nev. Const. Art. 9, § 5; NRS 408.235) Existing law limits the amount of such proceeds that are authorized to be used for costs of administration to 22 percent of the proceeds collected. (NRS 408.235) Section 5 of this bill temporarily increases this limitation for costs of administration to 27 percent during the period in which the Department is collecting the technology fee.

 

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

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. The Department shall add a nonrefundable technology fee of $1 to the existing fee for any transaction performed by the Department for which a fee is charged. The technology fee must be used to pay the expenses associated with implementing, upgrading and maintaining the platform of information technology used by the Department.

      Sec. 4. NRS 481.079 is hereby amended to read as follows:

      481.079  1.  Except as otherwise provided by section 3 of this act or any other specific statute, all taxes, license fees and money collected by the Department must be deposited with the State Treasurer to the credit of the Motor Vehicle Fund.

      2.  If a check or any other method of payment accepted by the Department in payment of such fees is returned to the Department or otherwise dishonored upon presentation for payment:

 


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ê2015 Statutes of Nevada, Page 2212 (Chapter 394, SB 502)ê

 

      (a) The drawer or any other person responsible for payment of the fee is subject to a fee in the amount established by the State Controller pursuant to NRS 353C.115 in addition to any other penalties provided by law; and

      (b) The Department may require that future payments from the person be made by cashier’s check, money order, traveler’s check or cash.

      3.  The Department may adjust the amount of a deposit made with the State Treasurer to the credit of the Motor Vehicle Fund for any cash shortage or overage resulting from the collection of fees.

      Sec. 5. NRS 408.235 is hereby amended to read as follows:

      408.235  1.  There is hereby created the State Highway Fund.

      2.  Except as otherwise provided by a specific statute, the proceeds from the imposition of any:

      (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and

      (b) Excise tax on gasoline or other motor vehicle fuel,

Ê must be deposited in the State Highway Fund and must, except for costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

      3.  The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.

      4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed [22] 27 percent of the total proceeds so collected.

      5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

      6.  All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his or her warrant therefor upon the State Treasurer.

      7.  The money deposited in the State Highway Fund pursuant to NRS 244A.637 and 354.59815 must be maintained in a separate account for the county from which the money was received. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;

      (b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and

      (c) Must not be used for any costs of administration or to purchase any equipment.

 


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ê2015 Statutes of Nevada, Page 2213 (Chapter 394, SB 502)ê

 

      8.  The money deposited in the State Highway Fund pursuant to NRS 482.313 must be maintained in a separate account. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways as provided for in this chapter; and

      (b) Must not be used for any costs of administration or to purchase any equipment.

      Secs. 6 and 6.5. (Deleted by amendment.)

      Sec. 7.  This act becomes effective on July 1, 2015, and expires by limitation on June 30, 2020.

________

CHAPTER 395, SB 416

Senate Bill No. 416–Senator Hardy

 

CHAPTER 395

 

[Approved: June 8, 2015]

 

AN ACT relating to utilities; requiring an electric utility to identify certain nonproductive assets as surplus; authorizing the Public Utilities Commission of Nevada to classify certain nonproductive electric utility assets as surplus; requiring an electric utility to create a timely plan for the decommissioning and disposal of surplus assets and carry out such a plan; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a public utility to recover the operational costs of all assets from its customers through the payment of rates for utility services. (NRS 704.110) Section 10 of this bill requires any electric utility which owns certain generation assets in this State to provide the Public Utilities Commission of Nevada with a list of certain assets and to identify those assets which are not being used or reasonably planned for future use in generating electricity as surplus. Section 11 of this bill authorizes the Commission to identify certain nonproductive assets of an electric utility as not reasonably held for future use in generating electricity as surplus. Section 12 of this bill requires an electric utility to create a plan for the timely cleanup and disposal of surplus assets. Section 13 of this bill requires the utility to carry out such a plan. Section 15 of this bill authorizes the Division of Environmental Protection of the State Department of Conservation and Natural Resources to oversee the decommissioning of surplus electric utility assets. Section 17 of this bill requires the Governor’s Office of Economic Development to assist an electric utility with the marketing of vacant or decommissioned assets for sale and redevelopment.

      Existing law requires a person who wishes to construct a utility facility in this State to obtain a permit from the Public Utilities Commission of Nevada. (NRS 704.865) Section 16.3 of this bill requires an applicant for such a permit to submit a surplus asset retirement plan for the decommissioning, removal, remediation and disposition of the utility facility to be followed upon the retirement of the utility facility. Section 16.7 of this bill requires the Commission to make certain findings and determinations concerning the surplus asset retirement plan before granting such a permit.

 


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ê2015 Statutes of Nevada, Page 2214 (Chapter 395, SB 416)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 704 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, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Asset” has the meaning ascribed to the term “generation asset” in NRS 704.7575 which contains 50 or more contiguous acres, and of which all real and personal property, including, without limitation, land, structures, equipment and transmission lines and switching stations directly associated with the generation asset, are located wholly or partially within this State.

      Sec. 4. “Decommissioned” means a surplus asset on which all operations have ceased and which has been cleared and environmentally remediated as necessary and which is ready for sale or disposal.

      Sec. 5. “Electric utility” means any public utility that is in the business, on lands within this State, as sole owner or co-owner of an asset that provides sales or service of electricity to customers within or outside of this state.

      Sec. 6. “Operational” means an asset which is actively utilized or operating at full capacity or reduced capacity.

      Sec. 7. “Post-operational reserve” means an asset which was formerly operational that is currently closed or temporarily out-of-service, and held for future energy generation.

      Sec. 8. “Pre-operational reserve” means vacant land held for future energy generation or property in planning or under construction for future energy generation and intended for the creation of a future asset.

      Sec. 9. “Surplus” means an asset that is out-of-service and no longer needed, suitable or reasonably intended to be used to generate electricity.

      Sec. 10. 1.  Each electric utility that is required to file a plan pursuant to NRS 704.741 shall include as part of that plan a list of all assets of the electric utility.

      2.  Each electric utility not specified in subsection 1 which holds a permit issued pursuant to NRS 704.870 shall, on or before January 31 of each year, file with the Commission a list of all assets.

      3.  Each electric utility not specified in subsection 1 or 2 which owns a utility facility, as defined in NRS 704.860, that was permitted by a local authority based on an application filed before July 1, 1971, shall file with the Commission a list of all assets of the electric utility.

      4.  The list of assets required by subsections 1, 2 and 3 must:

      (a) Include a brief description of each asset;

      (b) Include the output capacity of each asset;

      (c) Classify each asset as operational, pre-operational reserve, post-operational reserve, surplus or decommissioned; and

      (d) For each asset classified as pre-operational reserve or post-operational reserve, include a statement in a form approved by the Commission regarding the viability of the future use of the asset for energy generation.

 


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ê2015 Statutes of Nevada, Page 2215 (Chapter 395, SB 416)ê

 

      5.  Any asset with more than one owner must be included on the list of assets of each owner who is required to file a list pursuant to this section.

      Sec. 11. For each asset classified by an electric utility as pre-operational reserve or post-operational reserve pursuant to:

      1.  Subsection 1 of section 10 of this act, the Commission may, after notice and a hearing pursuant to NRS 704.746, reclassify the asset as surplus if the Commission determines that the asset is no longer used or useful to the customers of the electric utility.

      2.  Subsection 2 or 3 of section 10 of this act, the Commission may, after notice and a hearing pursuant to NRS 703.320, reclassify the asset as surplus if the Commission determines that the asset is no longer utilized to produce or transmit electricity and that it is not reasonable to expect that the asset will be used to produce or transmit electricity in the future.

      Sec. 12. 1.  For each asset which has been classified as surplus by an electric utility pursuant to section 10 of this act or reclassified as surplus by the Commission pursuant to section 11 of this act, each electric utility which owns all or part of the asset shall file a surplus asset retirement plan with the Commission within 120 days after the asset has been classified or reclassified as surplus. Such a plan is subject to the approval of the Commission.

      2.  A surplus asset retirement plan must include:

      (a) A brief description of the asset, including without limitation, its generating capacity, its current condition and any details regarding ownership.

      (b) A plan for the decommissioning of the site, including without limitation, the closure of any remaining operational activities, any required environmental remediation, the removal and disposal of any physical assets deemed unsuitable for redevelopment and remediation, as determined by the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to NRS 704.7318, or, if decommissioning is underway or completed, a full description of the decommissioning program.

      (c) A marketing plan for the sale of the asset, prepared in consultation with the Office of Economic Development, which must disclose any environmental issues or other restrictions and emphasize the value of the asset in its marketplace.

      (d) A timeline for implementation of the plan, including without limitation, key dates for completion of benchmarks including a final sale date. To the extent reasonably possible, the timeline must indicate a final sale date that is within 30 months after commencement of the plan.

      Sec. 13.  Except as otherwise provided in this section, each electric utility that owns all or part of an asset which has been classified as surplus by an electric utility pursuant to section 10 of this act or reclassified as surplus by the Commission pursuant to section 11 of this act shall carry out the surplus asset retirement plan filed pursuant to section 12 of this act. The Commission may, for good cause, extend the projected final sale date or otherwise amend the surplus asset retirement plan.

      Sec. 14. (Deleted by amendment.)

      Sec. 15. NRS 704.7318 is hereby amended to read as follows:

      704.7318  1.  To ensure the remediation and, when possible, the reuse of any site used for the production of electricity from a coal-fired electric generating plant , natural gas electric generating plant or renewable energy facility in this State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources has exclusive jurisdiction to supervise and regulate the remediation of such sites, including, without limitation, exclusive authority to regulate and supervise the remediation of surface water and groundwater and solid-waste disposal operations located at such a site.

 


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ê2015 Statutes of Nevada, Page 2216 (Chapter 395, SB 416)ê

 

facility in this State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources has exclusive jurisdiction to supervise and regulate the remediation of such sites, including, without limitation, exclusive authority to regulate and supervise the remediation of surface water and groundwater and solid-waste disposal operations located at such a site.

      2.  The Division of Environmental Protection has exclusive authority to regulate emissions from any electric generating plant constructed on a site previously used for the production of electricity from a coal-fired electric generating plant.

      Sec. 15.5. NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before July 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.

      2.  The Commission shall, by regulation:

      (a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility to:

             (1) Forecast the future demands; and

             (2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and

      (b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the utility to include in its plan:

      (a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources; [and]

      (b) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity [.] ;

      (c) A list of the utility’s assets described in section 10 of this act; and

      (d) A surplus asset retirement plan as required by section 12 of this act.

      4.  The Commission shall require the utility to include in its plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility in meeting the portfolio standard established by NRS 704.7821.

      5.  As used in this section:

      (a) “Carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.

      (b) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

      Sec. 16. NRS 704.7588 is hereby amended to read as follows:

      704.7588  Except as otherwise provided in NRS 704.7311 to 704.7322, inclusive, and 704.7591 [:] and section 12 of this act:

      1.  Before July 1, 2003, an electric utility shall not dispose of a generation asset.

 


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ê2015 Statutes of Nevada, Page 2217 (Chapter 395, SB 416)ê

 

      2.  On or after July 1, 2003, an electric utility shall not dispose of a generation asset unless, before the disposal, the Commission approves the disposal by a written order issued in accordance with the provisions of this section.

      3.  Not sooner than January 1, 2003, an electric utility may file with the Commission an application to dispose of a generation asset on or after July 1, 2003. If an electric utility files such an application, the Commission shall not approve the application unless the Commission finds that the disposal of the generation asset will be in the public interest. The Commission shall issue a written order approving or disapproving the application. The Commission may base its approval of the application upon such terms, conditions or modifications as the Commission deems appropriate.

      4.  If an electric utility files an application to dispose of a generation asset, the Consumer’s Advocate shall be deemed a party of record.

      5.  If the Commission approves an application to dispose of a generation asset before July 1, 2003, the order of the Commission approving the application:

      (a) May not become effective sooner than July 1, 2003;

      (b) Does not create any vested rights before the effective date of the order; and

      (c) For the purposes of NRS 703.373, shall be deemed a final decision on the date on which the order is issued by the Commission.

      Sec. 16.3. NRS 704.870 is hereby amended to read as follows:

      704.870  1.  Except as otherwise provided in subsection 2, a person who wishes to obtain a permit for a utility facility must file with the Commission an application, in such form as the Commission prescribes, containing:

      (a) A description of the location and of the utility facility to be built thereon;

      (b) A summary of any studies which have been made of the environmental impact of the facility; [and]

      (c) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility [.] ; and

      (d) A surplus asset retirement plan as described in subsection 2 of section 12 of this act for the decommissioning, removal, remediation and disposition of the utility facility after it ceases to operate, including a description of the manner in which the plan will be funded.

Ê A copy or copies of the studies referred to in paragraph (b) must be filed with the Commission and be available for public inspection.

      2.  If a person wishes to obtain a permit for a utility facility and a federal agency is required to conduct an environmental analysis of the proposed utility facility, the person must:

      (a) Not later than the date on which the person files with the appropriate federal agency an application for approval for the construction of the utility facility, file with the Commission and each other permitting entity a notice, in such a form as the Commission or other permitting entity prescribes; and

 

 

 


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ê2015 Statutes of Nevada, Page 2218 (Chapter 395, SB 416)ê

 

      (b) Not later than 30 days after the issuance by the appropriate federal agency of either the final environmental assessment or final environmental impact statement, but not the record of decision or similar document, relating to the construction of the utility facility:

             (1) File with the Commission an application that complies with the provisions of subsection 1; and

             (2) File with each other permitting entity an application for a permit, license or other approval for the construction of the utility facility.

      3.  A copy of each application filed with the Commission must be filed with the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      4.  Each application filed with the Commission must be accompanied by:

      (a) Proof of service of a copy of the application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed; and

      (b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice pursuant to paragraph (a) by the publication of a summary of the application in newspapers published and distributed in the area in which the utility facility is proposed to be located.

      5.  Not later than 5 business days after the Commission receives an application pursuant to this section, the Commission shall issue a notice concerning the application. Any person who wishes to become a party to a permit proceeding pursuant to NRS 704.885 must file with the Commission the appropriate document required by NRS 704.885 within the time frame set forth in the notice issued by the Commission pursuant to this subsection.

      Sec. 16.7. NRS 704.890 is hereby amended to read as follows:

      704.890  1.  Except as otherwise provided in subsection 3, the Commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the Commission, to a person unless it finds and determines:

      (a) The nature of the probable effect on the environment;

      (b) If the utility facility emits greenhouse gases and does not use renewable energy as its primary source of energy to generate electricity, the extent to which the facility is needed to ensure reliable utility service to customers in this State;

      (c) That the need for the facility balances any adverse effect on the environment;

      (d) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives;

      (e) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder and the applicant has obtained, or is in the process of obtaining, all other permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances; [and]

      (f) That the surplus asset retirement plan filed pursuant to NRS 704.870:

 

 

 

 


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ê2015 Statutes of Nevada, Page 2219 (Chapter 395, SB 416)ê

 

             (1) Complies with federal, state and local laws;

             (2) Provides for the remediation and reuse of the facility within a reasonable period; and

             (3) Is able to be reasonably completed under the funding plan contained in the application; and

      (g) That the facility will serve the public interest.

      2.  If the Commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification. If the applicant has not obtained all the other permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances as of the date on which the Commission decides to issue a permit, the Commission shall condition its permit upon the applicant obtaining those permits and approvals.

      3.  The requirements set forth in paragraph [(f)] (g) of subsection 1 do not apply to any application for a permit which is filed by a state government or political subdivision thereof.

      4.  As used in this section, “renewable energy” has the meaning ascribed to it in NRS 704.7811.

      Sec. 17. NRS 231.055 is hereby amended to read as follows:

      231.055  Under the direction of the Executive Director, the Office:

      1.  Shall provide administrative and technical support to the Board.

      2.  Shall support the efforts of the Board, the regional development authorities designated by the Executive Director pursuant to subsection 4 of NRS 231.053 and the private sector to encourage the creation and expansion of businesses in Nevada and the relocation of businesses to Nevada.

      3.  Shall coordinate and oversee all economic development programs in this State to ensure that such programs are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053, including, without limitation:

      (a) Coordinating the economic development activities of agencies of this State, local governments in this State and local and regional organizations for economic development to avoid duplication of effort or conflicting efforts;

      (b) Working with local, state and federal authorities to streamline the process for obtaining abatements, financial incentives, grants, loans and all necessary permits and licenses for the creation or expansion of businesses in Nevada or the relocation of businesses to Nevada; and

      (c) Reviewing, analyzing and making recommendations for the approval or disapproval of applications for abatements, financial incentives, development resources, and grants and loans of money provided by the Office.

      4.  Shall, upon request, assist an electric utility with the marketing of vacant or decommissioned assets for sale and redevelopment pursuant to section 12 of this act.

      5.  May:

      (a) Participate in any federal programs for economic development that are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (b) When practicable and authorized by federal law, act as the agency of this State to administer such federal programs.

________

 


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ê2015 Statutes of Nevada, Page 2220ê

 

CHAPTER 396, AB 146

Assembly Bill No. 146–Committee on Transportation

 

CHAPTER 396

 

[Approved: June 8, 2015]

 

AN ACT relating to air pollution; requiring the Advisory Committee on the Control of Emissions From Motor Vehicles to conduct a study concerning the inspection and testing of motor vehicles and systems for the control of emissions from motor vehicles in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the State Environmental Commission, in cooperation with the Department of Motor Vehicles, to adopt regulations to prescribe standards for emissions from motor vehicles. (NRS 445B.760) Existing law also requires the Commission, in cooperation with the Department and any local air pollution control agency, to adopt regulations for the control of emissions from motor vehicles in any county whose population is 100,000 or more (currently Clark and Washoe Counties). In any county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), the Commission is required to adopt such regulations if the Commission makes certain determinations, including that it is feasible and practicable to carry out a program of inspecting and testing motor vehicles and systems for the control of emissions from motor vehicles. (NRS 445B.770)

      This bill requires the Advisory Committee on the Control of Emissions From Motor Vehicles, which has been created by the Department, to conduct a study concerning the inspection and testing of motor vehicles and systems for the control of emissions from motor vehicles in this State. This bill also requires the Committee to submit, on or before June 30, 2016, a report of the results of the study and a proposal for an updated and modernized plan for such inspection and testing to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-6.3. (Deleted by amendment.)

      Sec. 6.4.  1.  The Advisory Committee on the Control of Emissions From Motor Vehicles shall conduct a study concerning the inspection and testing of motor vehicles and systems for the control of emissions from motor vehicles in this State.

      2.  On or before June 30, 2016, the Committee shall submit a report of the results of the study conducted pursuant to subsection 1 and a proposal for an updated and modernized plan for such inspection and testing to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.

      3.  As used in this section, “Advisory Committee on the Control of Emissions From Motor Vehicles” means the advisory committee described in subsection 7 of NRS 445B.830.

      Sec. 6.5.  (Deleted by amendment.)

      Sec. 7.  This act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 2221ê

 

CHAPTER 397, AB 5

Assembly Bill No. 5–Committee on Health and Human Services

 

CHAPTER 397

 

[Approved: June 8, 2015]

 

AN ACT relating to public welfare; requiring the Aging and Disability Services Division of the Department of Health and Human Services to enter into an agreement with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to provide long-term support to persons with intellectual disabilities and persons with related conditions; authorizing the Administrator of the Aging and Disability Services Division to adopt regulations governing the provision of services to certain persons with intellectual disabilities and persons with related conditions; requiring the Aging and Disability Services Division to provide preferences for potential providers of jobs and day training services in issuing certificates authorizing the provision of such services and in entering into agreements concerning the provision of such services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to administer certain programs concerning employment and independent living for persons with disabilities. (NRS 232.945) Existing law also requires the Aging and Disability Services Division of the Department of Health and Human Services to regulate the provision of jobs and day training services and supported living arrangement services to persons with intellectual disabilities and persons with related conditions. (NRS 435.130-435.339) Section 1 of this bill requires the Aging and Disability Services Division to enter into a cooperative agreement with the Rehabilitation Division to provide long-term support to persons with intellectual disabilities and persons with related conditions. Section 1 also authorizes the Administrator of the Aging and Disability Services Division to adopt regulations governing the provision of services to persons with intellectual disabilities and persons with related conditions who are unable or unwilling to be employed.

      Existing law requires a natural person and certain entities to obtain a certificate from the Aging and Disability Services Division before providing jobs and day training services in this State, which are services provided to persons with intellectual disabilities or persons with related conditions to enhance self-sufficiency and success in employment. (NRS 435.176, 435.225) Existing law also authorizes the Aging and Disability Services Division to enter into agreements with public and private agencies as it deems necessary for the provision of jobs and day training services. (NRS 435.220)

      Sections 1.5 and 2 of this bill require the Aging and Disability Services Division to give preference to potential providers of jobs and day training services who will provide persons with intellectual disabilities or persons with related conditions with training and experience leading to employment that: (1) is comparable to employment for persons without intellectual disabilities and persons without related conditions; and (2) pays at or above the state minimum wage. The Aging and Disability Services Division is required to give such a preference when: (1) issuing certificates which authorize the provisions of jobs and day training services; and (2) entering into agreements with public and private agencies for the provision of jobs and day training services. Sections 1.5 and 2 also require each application for the issuance or renewal of such a certificate and each such agreement to include a provision that employment is the primary service option for all adults of working age.

 


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

      1.  The Division shall enter into a cooperative agreement with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to provide long-term support to persons with intellectual disabilities and persons with related conditions, including, without limitation, jobs and day training services and supported living arrangement services. The agreement must include a provision stating that employment is the preferred service option for all adults of working age.

      2.  The Administrator may adopt regulations governing the provision of services to persons with intellectual disabilities and persons with related conditions who are unable or unwilling to be employed.

      Sec. 1.5. NRS 435.220 is hereby amended to read as follows:

      435.220  1.  The Division shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:

      (a) Standards for the provision of quality care and training by providers of jobs and day training services;

      (b) The requirements for the issuance and renewal of a certificate; and

      (c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.

      2.  The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services. Any such agreements must include a provision stating that employment is the preferred service option for all adults of working age.

      3.  For the purpose of entering into an agreement described in subsection 2, if the qualifications of more than one agency are equal, the Division shall give preference to the agency that will provide persons with intellectual disabilities or persons with related conditions with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:

      (a) Is comparable to employment of persons without intellectual disabilities and persons without related conditions; and

      (b) Pays at or above the minimum wage prescribed by regulation of the Labor Commissioner pursuant to NRS 608.250.

      Sec. 2. NRS 435.225 is hereby amended to read as follows:

      435.225  1.  A nonprofit organization, state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

      2.  A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

      3.  For the purpose of issuing a certificate pursuant to this section, if the qualifications of more than one applicant are equal, the Division shall give preference to the natural person who, or the nonprofit organization, state or local government or agency thereof that, will provide persons with intellectual disabilities or persons with related conditions with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:

 


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ê2015 Statutes of Nevada, Page 2223 (Chapter 397, AB 5)ê

 

intellectual disabilities or persons with related conditions with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:

      (a) Is comparable to employment of persons without intellectual disabilities and persons without related conditions; and

      (b) Pays at or above the minimum wage prescribed by regulation of the Labor Commissioner pursuant to NRS 608.250.

      4.  Each application for the issuance or renewal of a certificate issued pursuant to this section must include a provision stating that employment is the preferred service option for all adults of working age.

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

________

CHAPTER 398, AB 34

Assembly Bill No. 34–Committee on Government Affairs

 

CHAPTER 398

 

[Approved: June 8, 2015]

 

AN ACT relating to fire safety; repealing provisions governing certain fire protection districts; reenacting certain of those provisions relating to fire safety; revising the circumstances under which a person, firm, association or agency that caused a fire or other emergency that threatens human life would be charged for the expenses incurred to extinguish the fire or meet the emergency; authorizing a municipal agency to collect those expenses; providing for the issuance of an annual permit to engage in certain activities; authorizing the State Land Registrar to transfer title to certain real property owned by the State of Nevada to certain local fire protection districts and counties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the creation of certain fire protection districts by petition to the State Forester Firewarden. (Chapter 473 of NRS) The functions of those districts are currently being transferred to other local government entities. Accordingly, section 15 of this bill repeals the provisions of chapter 473 of NRS. Certain provisions of that chapter relating to fire safety are reenacted in chapter 472 of NRS by sections 2, 3 and 5 of this bill. Sections 6-10 of this bill make conforming changes.

      Existing law provides that within the boundaries of certain fire protection districts, any person, firm, association or agency responsible for causing any fire or other emergency which threatens human life may, in certain circumstances, be charged with the expenses incurred in extinguishing the fire or meeting the emergency, together with the cost of necessary patrol. (NRS 473.080, 474.550) Section 4 of this bill reenacts NRS 473.080 but: (1) removes the boundary limitation; (2) revises the circumstances under which a person, firm, association or agency would be required to pay those expenses; and (3) authorizes a municipal agency to collect those expenses. Section 8.5 of this bill makes a similar change concerning those expenses with respect to county fire protection districts.

 


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      Existing law provides that it is unlawful within the boundaries of certain fire protection districts for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on the land of the person, firm, association, corporation or agency or on the land of another, or on public land, unless such burning or act is done under a written permit from the State Forester Firewarden or the State Forester Firewarden’s duly authorized agent and in strict accordance with the terms of the permit. Existing law also clarifies that this prohibition does not prevent the issuance of an annual permit to any public utility covering its usual and emergency operation and maintenance work within the district. (NRS 473.090) Section 5: (1) provides that this prohibition also does not prevent the issuance of an annual permit to a person who engages in agricultural production; and (2) defines the term “agricultural production.”

      Existing law authorizes the State Land Registrar to transfer any interest in land owned by the State of Nevada. (NRS 321.003) Sections 11-13 of this bill authorize the State Land Registrar to transfer title to certain real property owned by the State, with certain restrictions, to certain local fire protection districts and counties as the result of the dissolution of the fire protection districts created pursuant to chapter 473 of NRS.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 472 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. 1.  The State Forester Firewarden may prohibit or restrict the following activities on any lands within the jurisdiction of the State Forester Firewarden when a danger to public safety or natural resources exists because of conditions which create a high risk of fire:

      (a) The operation in an area of timber, brush or grass of a motor vehicle or other item of equipment powered by a motor:

             (1) If the motor does not have a spark arrestor as required by law; or

             (2) If the operator does not have in his or her possession an ax, shovel and at least 1 gallon of water;

      (b) The operation in an area of timber, brush or grass of a motor vehicle off an existing paved, gravel or dirt road;

      (c) The smoking of tobacco or other substances in any place other than a motor vehicle or an area cleared of flammable vegetation;

      (d) Setting an open fire in any place other than in a fireplace located in an established picnic area or campground; or

      (e) Other activities, if specified in regulations adopted by the State Forester Firewarden and the prohibition or restriction is related to reducing a high risk of fire,

Ê but these prohibitions and restrictions do not apply in established campgrounds or picnic areas, beaches or places of habitation or to travel on state or federal highways.

      2.  The State Forester Firewarden shall make a public announcement and post signs in any area where the State Forester Firewarden has prohibited or restricted any activities.

 


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ê2015 Statutes of Nevada, Page 2225 (Chapter 398, AB 34)ê

 

      3.  The State Forester Firewarden shall, upon finding that a danger to public safety or to natural resources no longer exists, make known to the public the end of any prohibition or restriction in that area.

      4.  The provisions of this section apply only to specified prohibitions or restrictions and do not confer upon the State Forester Firewarden the power to prohibit access to land.

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

      Sec. 3. Except as otherwise provided in NRS 527.126, any person, firm, association or agency which, personally or through another, willfully, negligently or in violation of the law:

      1.  Sets fire to the property, whether privately or publicly owned, of another;

      2.  Allows fire to be set to the property, whether privately or publicly owned, of another; or

      3.  Allows a fire kindled or attended by the person, firm, association or agency to escape to the property, whether privately or publicly owned, of another,

Ê is liable to the owner of the property for the damages caused by the fire.

      Sec. 4. 1.  Except as otherwise provided in this section or by specific statute, if the State Forester Firewarden determines that a person, firm, association or agency is responsible for willfully or negligently causing any fire or other emergency which threatens human life, the person, firm, association or agency may be charged with the expenses incurred in extinguishing the fire or meeting the emergency, together with the cost of necessary patrol. This charge constitutes a debt of the person, firm, association or agency charged and is collectible by the federal, state, county or municipal agency incurring such expenses in the same manner as in the case of an obligation under a contract, express or implied.

      2.  If the State Forester Firewarden determines that the fire or other emergency which threatens human life was the result of an unavoidable accident, the State Forester Firewarden shall not charge the person, firm, association or agency that caused the fire or emergency the expenses incurred in extinguishing the fire or meeting the emergency.

      Sec. 5. 1.  Except as otherwise provided in this section and NRS 527.126, it is unlawful for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on the land of the person, firm, association, corporation or agency or on the land of another, or on public land, unless the burning or act is done under a written permit from the State Forester Firewarden or the State Forester Firewarden’s duly authorized agent and in strict accordance with the terms of the permit.

      2.  Written permission is not necessary:

      (a) At any time during the year when the State Forester Firewarden determines that no fire hazard exists.

      (b) To burn materials in screened, safe incinerators, or in incinerators approved by the local governmental jurisdiction, the State Forester Firewarden or the State Forester Firewarden’s duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at the fire at all times during its burning.

 


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ê2015 Statutes of Nevada, Page 2226 (Chapter 398, AB 34)ê

 

woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at the fire at all times during its burning.

      3.  This section does not prevent the issuance of an annual permit to any:

      (a) Public utility covering its usual and emergency operation and maintenance work.

      (b) Person who engages in agricultural production.

      4.  This section does not prevent the building of necessary controlled small camp and branding fires if caution is taken to make certain that the fire is extinguished before leaving. In any case where the fire escapes and does injury to the property of another, the escape and injury are prima facie evidence of a violation of this section.

      5.  The provisions of this section apply only to areas of land that are outside of incorporated cities and towns.

      6.  Any person, firm, association, corporation or agency violating any of the provisions of this section is guilty of a misdemeanor.

      7.  As used in this section:

      (a) “Agricultural production” means an activity associated with the production of agricultural products for food, fiber, fuel or any other lawful use, including every process and step necessary and incident to the preparation, production and storage of agricultural products for human or animal consumption. The term includes, without limitation:

             (1) Planting, harvesting or raising agricultural, horticultural, floricultural or viticultural crops, including, without limitation, fruits, vegetables, grains, seeds, nursery stock, plant products, plant by-products and plant compost;

             (2) Breeding, raising, feeding or managing livestock, furbearing animals, fish, bees and any other animal or aquatic species, or any product thereof;

             (3) The construction, expansion, use, maintenance or repair of an agricultural production facility;

             (4) Processing and packaging; and

             (5) Manufacturing feed for animals.

      (b) “Agricultural production facility” means any structure or land that is used for the production of agricultural products, including, without limitation, a structure or land that is privately or publicly owned, leased or operated.

      (c) “Livestock” has the meaning ascribed to it in NRS 569.0085.

      Sec. 6. NRS 472.040 is hereby amended to read as follows:

      472.040  1.  The State Forester Firewarden shall:

      (a) Supervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.

      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

 


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ê2015 Statutes of Nevada, Page 2227 (Chapter 398, AB 34)ê

 

      (d) Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.

      (e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.

      (f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.

      (g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.

      (h) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

      (i) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in counties located within or partially within the Lake Tahoe Basin and the Lake Mead Basin.

      (j) Assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.

      (k) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318 [, 473] or 474 of NRS.

      (l) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to NRS 533.436.

      2.  The State Forester Firewarden in carrying out the provisions of this chapter may:

      (a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.

      (b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.

      (d) Appoint certain paid foresters or firewardens to be arson investigators.

      (e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

      (f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

 


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ê2015 Statutes of Nevada, Page 2228 (Chapter 398, AB 34)ê

 

      (g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.

      (h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

      3.  The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.

      Sec. 7. NRS 472.041 is hereby amended to read as follows:

      472.041  1.  The State Forester Firewarden may [:

      (a) In a district formed pursuant to NRS 473.034; and

      (b) In] , in an area designated pursuant to paragraph (d) of subsection 1 of NRS 472.040, including, without limitation, any land within the 1/2-mile radius surrounding such an area,

[Ê] enforce all regulations relating to the reduction of brush, dense undergrowth and other vegetation around and adjacent to a structure to reduce the exposure of the structure to fire and radiant heat and increase the ability of firefighters to protect the structure.

      2.  The enforcement of these provisions must permit the planting of grass, trees, ornamental shrubbery or other plants used to stabilize the soil and prevent erosion so long as the plants do not form a means of rapidly transmitting fire from native growth to any structure.

      Sec. 8. NRS 474.460 is hereby amended to read as follows:

      474.460  1.  All territory in each county or consolidated municipality not included in any other fire protection district, except incorporated areas other than consolidated municipalities, may be organized by ordinance by the board of county commissioners of the county in which that territory lies into as many fire protection districts as necessary to provide for the prevention and extinguishment of fires in the county, until such time as that territory may be included in another fire protection district formed in accordance with the provisions of [chapter 473 of NRS or] NRS 474.010 to 474.450, inclusive.

      2.  Each such district:

      (a) Is a political subdivision of the State; and

      (b) Has perpetual existence unless dissolved as provided in this chapter.

      3.  Each such district may:

      (a) Sue and be sued, and be a party to suits, actions and proceedings;

      (b) Arbitrate claims; and

      (c) Contract and be contracted with.

      4.  The board of county commissioners organizing each such district is ex officio the governing body of each such district. The governing body must be known as the board of fire commissioners.

      5.  The chair of the board of county commissioners is ex officio the chair of each such district.

      6.  The county clerk is ex officio the clerk of each such district.

 


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ê2015 Statutes of Nevada, Page 2229 (Chapter 398, AB 34)ê

 

      7.  Unless the board of fire commissioners employs a treasurer, the county treasurer is ex officio the treasurer of each such district.

      Sec. 8.5. NRS 474.550 is hereby amended to read as follows:

      474.550  1.  Except as otherwise provided in this section and NRS 527.126, within the boundaries of any fire protection district created pursuant to this chapter, any person, firm, association or agency which willfully or negligently causes a fire or other emergency which threatens human life may be charged with the expenses incurred in extinguishing the fire or meeting the emergency and the cost of necessary patrol. Such a charge constitutes a debt which is collectible by the federal, state, county or district agency incurring the expenses in the same manner as an obligation under a contract, express or implied.

      2.  If it is determined that the fire or other emergency which threatens human life was the result of an unavoidable accident, the person, firm, association or agency that caused the fire or emergency may not be charged the expenses incurred in extinguishing the fire or meeting the emergency.

      Sec. 9. NRS 332.015 is hereby amended to read as follows:

      332.015  For the purpose of this chapter, unless the context otherwise requires, “local government” means:

      1.  Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, [473,] 474, 539, 541, 543 and 555 of NRS.

      2.  The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.

      3.  County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive.

      4.  District boards of health created pursuant to the provisions of NRS 439.362 or 439.370.

      5.  The Nevada Rural Housing Authority.

      Sec. 10. NRS 354.760 is hereby amended to read as follows:

      354.760  1.  All invoices or other notices issued by a local government to collect an account receivable must state that if the debtor wishes to pay by check or other negotiable instrument, such negotiable instrument must name as payee:

      (a) The local government; or

      (b) The title of the governmental official charged by law with the collection of such accounts.

Ê In no event may the invoice or other notice state that a check or other negotiable instrument may name a natural person as payee.

      2.  Notwithstanding the provisions of subsection 1, a local government may deposit into the appropriate account a check or other negotiable instrument which it determines is intended as payment for an account receivable.

      3.  As used in this section, “local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including, without limitation, counties, cities, towns, boards, authorities, school districts and other districts organized pursuant to chapters 244, 244A, 309, 318, 379, 439, 450, [473,] 474, 539, 541, 543 and 555 of NRS.

 


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ê2015 Statutes of Nevada, Page 2230 (Chapter 398, AB 34)ê

 

      Sec. 11.  The State Land Registrar may transfer to:

      1.  The Elko County Fire Protection District, without consideration, all the interest of the State of Nevada in the real property described in subsection 1 of section 13 of this act. If the real property is transferred pursuant to this subsection, the Elko County Fire Protection District shall pay the costs relating to the transfer of the real property.

      2.  The Truckee Meadows Fire Protection District, without consideration, all the interest of the State of Nevada in the real property described in subsection 2 of section 13 of this act. If the real property is transferred pursuant to this subsection, the Truckee Meadows Fire Protection District shall pay the costs relating to the transfer of the real property.

      3.  Clark County, without consideration, all the interest of the State of Nevada in the real property described in subsection 3 of section 13 of this act. If the real property is transferred pursuant to this subsection, Clark County shall pay the costs relating to the transfer of the real property.

      4.  The Storey County Fire Protection District, without consideration, all the interest of the State of Nevada in the real property described in subsection 4 of section 13 of this act. If the real property is transferred pursuant to this subsection, the Storey County Fire Protection District shall pay the costs relating to the transfer of the real property.

      Sec. 12.  If real property is transferred pursuant to section 11 of this act, the deed from the State of Nevada to the fire protection district or county, as applicable, must, subject to any easement, condition or other encumbrance of record:

      1.  Include restrictions:

      (a) Requiring that the use of the property be for the provision of services for fire protection and related public safety services; and

      (b) Prohibiting the fire protection district or county receiving the real property or any successor in title from transferring the property without the consent of the State of Nevada.

      2.  Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in subsection 1.

      Sec. 13.  1.  The real property that may be transferred to the Elko County Fire Protection District pursuant to subsection 1 of section 11 of this act contains approximately 1.25 acres and is commonly known as the Independence Valley Volunteer Fire Station. Such real property may be described as follows:

 

The north half (N 1/2) of the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) of the southwest quarter (SW 1/4) of section 3, Township 39 North, Range 52 East, M.D.B. & M.

 

 

 

 

 

 

 


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      2.  The real property that may be transferred to the Truckee Meadows Fire Protection District pursuant to subsection 2 of section 11 of this act contains approximately 1.875 acres and is commonly known as the Mount Rose Fire Station. Such real property may be described as follows:

 

The west half (W 1/2) of the southwest quarter (SW 1/4) of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) and the west half (W 1/2) of the east half (E 1/2) of the southwest quarter (SW 1/4) of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of section 26, Township 18 North, Range 19 East, M.D.B. & M.

 

      3.  The real property that may be transferred to Clark County pursuant to subsection 3 of section 11 of this act contains approximately 0.25 acres and is commonly known as the Mount Charleston Fire Station. Such real property may be described as follows:

 

That portion of the northwest quarter (NW 1/4) of the northeast quarter (NE 1/4) of section 36, Township 19 South, Range 56 East, M.D.B. & M., as described in Grant, Bargain and Sale Deeds recorded on January 12, 1962, as Document Number 272260 in Book 337 and on August 20, 1962, as Document Number 307631 in Book 381 in the Recorder’s Office of Clark County, Nevada.

 

      4.  The real property that may be transferred to the Storey County Fire Protection District pursuant to subsection 4 of section 11 of this act contains approximately 1 acre and is commonly known as the Virginia City Highlands Fire Station Site. Such property may be described as follows:

 

That portion of the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of section 8, Township 17 North, Range 21 East, M.D.B. & M., as described in the Grant, Bargain and Sale Deed recorded on November 20, 1979, as Document Number 45784 in Book 20 at page 179 in the Recorder’s Office of Storey County, Nevada.

      Sec. 14.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 15. NRS 473.010, 473.020, 473.030, 473.031, 473.032, 473.033, 473.034, 473.035, 473.0355, 473.036, 473.040, 473.050, 473.060, 473.065, 473.070, 473.080, 473.090, 473.100, 474.530 and 474.555 are hereby repealed.

      Sec. 16.  This act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 2232ê

 

CHAPTER 399, AB 49

Assembly Bill No. 49–Committee on Judiciary

 

CHAPTER 399

 

[Approved: June 8, 2015]

 

AN ACT relating to crimes; establishing the crime of unlawful dissemination of an intimate image of a person; prohibiting certain acts relating to an intimate image of another person; revising provisions relating to sexual assault and the abuse of a child; setting forth provisions relating to expert testimony in a prosecution for pandering or sex trafficking; revising provisions concerning acts of open or gross lewdness, open and indecent or obscene exposure, lewdness with a child and statutory sexual seduction; setting forth various provisions relating to the admissibility of evidence and expert testimony in criminal and juvenile delinquency actions; prohibiting a court from ordering the victim of or a witness to a sexual offense to take or submit to a psychological or psychiatric examination in certain criminal or juvenile delinquency actions; authorizing the court to exclude in certain circumstances the testimony of a licensed psychologist, psychiatrist or clinical worker; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1-6.5 of this bill establish the crime of unlawful dissemination of an intimate image of a person. Section 3 defines the term “intimate image” generally as a photograph, film, videotape or other recorded image, or any reproduction thereof, which depicts: (1) the fully exposed nipple of the female breast of another person; or (2) one or more persons engaged in sexual conduct. Section 3 also provides that an image which would otherwise constitute an intimate image is not an intimate image if the person depicted in the image: (1) is not clearly identifiable; (2) voluntarily exposed himself or herself in a public or commercial setting; or (3) is a public figure.

      Section 5 provides that a person commits the crime of unlawful dissemination of an intimate image and is guilty of a category D felony when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person: (1) did not give prior consent to the electronic dissemination or sale; (2) had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and (3) was at least 18 years of age when the intimate image was created. Section 5 also sets forth certain exceptions regarding when an intimate image may be lawfully electronically disseminated. Under section 6, a person is guilty of a category D felony if he or she demands payment of money, property, services or anything else of value from a person in exchange for removing an intimate image from public view. Section 6.5 provides that the provisions of sections 1-6 must not be construed to impose liability on an interactive computer service, as that term is defined in federal law, for any content provided by another person.

      Existing law provides that a person who forces another person under certain circumstances to make a sexual penetration on himself or herself or another, or on a beast, is guilty of sexual assault. (NRS 200.366) Section 8 of this bill additionally provides that a person who commits a sexual penetration upon a child under the age of 14 years or causes a child under the age of 14 years to make a sexual penetration on himself or herself or another, or on a beast, is guilty of sexual assault. Section 8 further provides that, except in certain circumstances, such provisions do not apply to a person who commits any such act upon a child under the age of 14 years if the person committing the act is less than 18 years of age and is not more than 2 years older than the person upon whom the act is committed.

 


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      Existing law also provides that a person who commits any act of open or gross lewdness or who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty of a gross misdemeanor for the first offense and a category D felony for any subsequent offense. (NRS 201.210, 201.220) Under sections 13 and 14 of this bill, if a person commits any such offense and he or she has previously been convicted of a sexual offense, or if the person commits any such offense in the presence of a child under the age of 18 years or a vulnerable person, the person is guilty of a category D felony.

      Additionally, under existing law, a person who commits certain acts with a child under the age of 14 years is guilty of lewdness with a child and is guilty of a category A felony. (NRS 201.230) Section 15 of this bill provides that a person is guilty of lewdness with a child if the person: (1) is 18 years of age or older and commits certain acts with a child under the age of 16 years; or (2) is under the age of 18 years and commits certain acts with a child under the age of 14 years. Section 15 also provides that if a person commits lewdness with: (1) a child under the age of 14, he or she is guilty of a category A felony; and (2) a child who is 14 or 15, he or she is guilty of a category B felony.

      Section 7 of this bill revises the definition of the term “statutory sexual seduction,” and section 8.5 of this bill revises the penalties imposed for the crime of statutory sexual seduction.

      Sections 12, 23 and 24 of this bill revise various provisions relating to the admissibility of expert testimony and evidence in certain criminal and juvenile delinquency cases. Section 12 provides that in a prosecution for pandering or sex trafficking, certain expert testimony that is offered by the prosecution or defense is admissible for any relevant purpose, but certain other expert testimony cannot be offered against the defendant to prove the occurrence of an act which forms the basis of a criminal charge against the defendant. Under section 23, expert testimony offered by the prosecution or defense which concerns the behavior of a defendant in preparing a child under the age of 18 or a vulnerable person for sexual abuse by the defendant is admissible for any purpose. Section 24 prohibits a court in a criminal or juvenile delinquency action relating to the commission of a sexual offense from ordering a victim of or witness to a sexual offense to take or submit to a psychological or psychiatric examination. Section 24 also authorizes the court to exclude the testimony of a licensed psychologist, psychiatrist or clinical worker who performed a psychological or psychiatric examination on a victim or witness 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 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 6.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Intimate image”:

      1.  Except as otherwise provided in subsection 2, includes, without limitation, a photograph, film, videotape or other recorded image which depicts:

      (a) The fully exposed nipple of the female breast of another person, including through transparent clothing; or

      (b) One or more persons engaged in sexual conduct.

 


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      2.  Does not include an image which would otherwise constitute an intimate image pursuant to subsection 1, but in which the person depicted in the image:

      (a) Is not clearly identifiable;

      (b) Voluntarily exposed himself or herself in a public or commercial setting; or

      (c) Is a public figure.

      Sec. 4. “Sexual conduct” has the meaning ascribed to it in NRS 200.700.

      Sec. 5. 1.  Except as otherwise provided in subsection 3, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person:

      (a) Did not give prior consent to the electronic dissemination or the sale of the intimate image;

      (b) Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and

      (c) Was at least 18 years of age when the intimate image was created.

      2.  A person who commits the crime of unlawful dissemination of an intimate image is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  The provisions of this section do not apply to the electronic dissemination of an intimate image for the purpose of:

      (a) A legitimate public interest;

      (b) Reporting unlawful conduct;

      (c) Any lawful law enforcement or correctional activity;

      (d) Investigation or prosecution of a violation of this section; or

      (e) Preparation for or use in any legal proceeding.

      4.  A person who commits the crime of unlawful dissemination of an intimate image is not considered a sex offender and is not subject to registration or community notification as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

      Sec. 6. Any person who demands payment of money, property, services or anything else of value from a person in exchange for removing an intimate image from public view is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 6.5. 1.  The provisions of sections 2 to 6.5, inclusive, of this act must not be construed to impose liability on an interactive computer service for any content provided by another person.

      2.  As used in subsection 1, “interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2).

      Sec. 7. NRS 200.364 is hereby amended to read as follows:

      200.364  As used in NRS 200.364 to 200.3784, inclusive, unless the context otherwise requires:

      1.  “Offense involving a pupil” means any of the following offenses:

      (a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

      2.  “Perpetrator” means a person who commits a sexual offense, an offense involving a pupil or sex trafficking.

 


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      3.  “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

      4.  “Sexual offense” means any of the following offenses:

      (a) Sexual assault pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      5.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning. The term does not include any such conduct for medical purposes.

      6.  “Statutory sexual seduction” means [:

      (a) Ordinary] ordinary sexual intercourse, anal intercourse, [cunnilingus or fellatio] or sexual penetration committed by a person 18 years of age or older with a person [under the age of 16 years; or

      (b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.] who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.

      7.  “Victim” means a person who is a victim of a sexual offense, an offense involving a pupil or sex trafficking.

      Sec. 8. NRS 200.366 is hereby amended to read as follows:

      200.366  1.  A person [who subjects] is guilty of sexual assault if he or she:

      (a) Subjects another person to sexual penetration, or [who] forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct [, is guilty of sexual assault.] ; or

      (b) Commits a sexual penetration upon a child under the age of 14 years or causes a child under the age of 14 years to make a sexual penetration on himself or herself or another, or on a beast.

      2.  Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

      (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

             (1) For life without the possibility of parole; or

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.

      (b) If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

      (a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.

      (b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 25 years has been served.

 


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prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 25 years has been served.

      (c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 35 years has been served.

      4.  A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:

      (a) A sexual assault pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      5.  The provisions of this section do not apply to a person who is less than 18 years of age and who commits any of the acts described in paragraph (b) of subsection 1 if the person is not more than 2 years older than the person upon whom the act was committed unless:

      (a) The person committing the act uses force or threatens the use of force; or

      (b) The person committing the act knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.

      6.  For the purpose of this section, “other sexual offense against a child” means any act committed by an adult upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

      (b) Lewdness with a child pursuant to NRS 201.230;

      (c) Sado-masochistic abuse pursuant to NRS 201.262; or

      (d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

      Sec. 8.5. NRS 200.368 is hereby amended to read as follows:

      200.368  [Except under circumstances where a greater penalty is provided in NRS 201.540, a] A person who commits statutory sexual seduction shall be punished:

      1.  If the person is 21 years of age or older [, for a category C felony as provided in NRS 193.130.] at the time of the commission of the offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  [If] Except as otherwise provided in subsection 3, if the person is under the age of 21 years, for a gross misdemeanor.

      3.  If the person is under the age of 21 years and has previously been convicted of a sexual offense, as defined in NRS 179D.097, for a category D felony as provided in NRS 193.130.

      Sec. 9. NRS 200.400 is hereby amended to read as follows:

      200.400  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Strangulation” has the meaning ascribed to it in NRS 200.481.

      2.  A person who is convicted of battery with the intent to commit mayhem, robbery or grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

 


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be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      3.  A person who is convicted of battery with the intent to kill is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

      4.  A person who is convicted of battery with the intent to commit sexual assault shall be punished:

      (a) If the crime results in substantial bodily harm to the victim or is committed by strangulation, for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole; or

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served . [,

Ê as determined by the verdict of the jury, or the judgment of the court if there is no jury.]

      (b) If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole.

      (c) If the crime does not result in substantial bodily harm to the victim and the victim is a child under the age of 16, for a category A felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of life with the possibility of parole.

Ê In addition to any other penalty, a person convicted pursuant to this subsection may be punished by a fine of not more than $10,000.

      Sec. 10. NRS 200.508 is hereby amended to read as follows:

      200.508  1.  A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:

      (a) If substantial bodily or mental harm results to the child:

             (1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

             (2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or

      (b) If substantial bodily or mental harm does not result to the child:

             (1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

             (2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,

 


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punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,

Ê unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

      2.  A person who is responsible for the safety or welfare of a child pursuant to NRS 432B.130 and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:

      (a) If substantial bodily or mental harm results to the child:

             (1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or

      (b) If substantial bodily or mental harm does not result to the child:

             (1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or

             (2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,

Ê unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

      3.  A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.

      4.  As used in this section:

      (a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

      (b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.

      (c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.

      (d) “Physical injury” means:

             (1) Permanent or temporary disfigurement; or

             (2) Impairment of any bodily function or organ of the body.

      (e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior.

 


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      Sec. 11. NRS 200.604 is hereby amended to read as follows:

      200.604  1.  Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:

      (a) Without the consent of the other person; and

      (b) Under circumstances in which the other person has a reasonable expectation of privacy.

      2.  Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1.

      3.  [A] Unless a greater penalty is provided pursuant to section 5 of this act, a person who violates this section:

      (a) For a first offense, is guilty of a gross misdemeanor.

      (b) For a second or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  This section does not prohibit any lawful law enforcement or correctional activity, including, without limitation, capturing, distributing, disclosing, displaying, transmitting or publishing an image for the purpose of investigating or prosecuting a violation of this section.

      5.  If a person is charged with a violation of this section, any image of the private area of a victim that is contained within:

      (a) Court records;

      (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

      (c) Records of criminal history, as that term is defined in NRS 179A.070; and

      (d) Records in the Central Repository for Nevada Records of Criminal History,

Ê is confidential and, except as otherwise provided in subsections 6 and 7, must not be inspected by or released to the general public.

      6.  An image that is confidential pursuant to subsection 5 may be inspected or released:

      (a) As necessary for the purposes of investigation and prosecution of the violation;

      (b) As necessary for the purpose of allowing a person charged with a violation of this section and his or her attorney to prepare a defense; and

      (c) Upon authorization by a court of competent jurisdiction as provided in subsection 7.

      7.  A court of competent jurisdiction may authorize the inspection or release of an image that is confidential pursuant to subsection 5, upon application, if the court determines that:

      (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the inspection or release; and

      (b) Reasonable notice of the application and an opportunity to be heard have been given to the victim.

      8.  As used in this section:

      (a) “Broadcast” means to transmit electronically an image with the intent that the image be viewed by any other person.

      (b) “Capture,” with respect to an image, means to videotape, photograph, film, record by any means or broadcast.

 


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      (c) “Female breast” means any portion of the female breast below the top of the areola.

      (d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.

      (e) “Under circumstances in which the other person has a reasonable expectation of privacy” means:

             (1) Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of his or her private area would be captured; or

             (2) Circumstances in which a reasonable person would believe that his or her private area would not be visible to the public, regardless of whether the person is in a public or private place.

      Sec. 12. Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

      In a prosecution for pandering or sex trafficking pursuant to NRS 201.300, expert testimony concerning:

      1.  The prostitution subculture, including, without limitation, the effect of physical, emotional or mental abuse on the beliefs, behavior and perception of the alleged victim of the pandering or sex trafficking that is offered by the prosecution or defense is admissible for any relevant purpose, including, without limitation, to demonstrate:

      (a) The dynamics of and the manipulation and psychological control measures used in the relationship between a prostitute and a person who engages in pandering or sex trafficking in violation of NRS 201.300; and

      (b) The normal behavior and language used in the prostitution subculture.

      2.  The effect of pandering or sex trafficking may not be offered against a defendant pursuant to subsection 1 to prove the occurrence of an act which forms the basis of a criminal charge against the defendant.

      Sec. 13. NRS 201.210 is hereby amended to read as follows:

      201.210  1.  A person who commits any act of open or gross lewdness is guilty:

      (a) [For] Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For an offense committed in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 7 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

      Sec. 14. NRS 201.220 is hereby amended to read as follows:

      201.220  1.  A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:

      (a) [For] Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

 


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      (c) For an offense committed in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 7 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

      Sec. 15. NRS 201.230 is hereby amended to read as follows:

      201.230  1.  A person [who] is guilty of lewdness with a child if he or she:

      (a) Is 18 years of age or older and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of [14] 16 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child [, is guilty of lewdness with a child.] ; or

      (b) Is under the age of 18 years and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child.

      2.  Except as otherwise provided in [subsection 3,] subsections 4 and 5, a person who commits lewdness with a child under the age of 14 years is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  Except as otherwise provided in subsection 4, a person who commits lewdness with a child who is 14 or 15 years of age is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.

      4.  [A] Except as otherwise provided in subsection 5, a person who commits lewdness with a child and who has been previously convicted of:

      (a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      [4.]5. A person who is under the age of 18 years and who commits lewdness with a child under the age of 14 years commits a delinquent act.

      6.  For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection [5] 6 of NRS 200.366.

      Sec. 16. NRS 201.295 is hereby amended to read as follows:

      201.295  As used in NRS 201.295 to 201.440, inclusive, and section 12 of this act, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older.

      2.  “Child” means a person less than 18 years of age.

 


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      3.  “Induce” means to persuade, encourage, inveigle or entice.

      4.  “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

      5.  “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.

      6.  “Sexual conduct” means any of the acts enumerated in subsection 4.

      7.  “Transports” means to transport or cause to be transported, by any means of conveyance, into, through or across this State, or to aid or assist in obtaining such transportation.

      Sec. 17. NRS 201.520 is hereby amended to read as follows:

      201.520  “Sexual conduct” means:

      1.  Ordinary sexual intercourse;

      2.  Anal intercourse;

      3.  Fellatio, cunnilingus or other oral-genital contact;

      4.  Physical contact by a person with the unclothed genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person;

      5.  Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person;

      6.  Masturbation or the lewd exhibition of unclothed genitals; [or]

      7.  Sado-masochistic abuse [.] ; or

      8.  Any lewd or lascivious act upon or with the body, or any part or member thereof, of another person.

      Sec. 18. NRS 201.540 is hereby amended to read as follows:

      201.540  1.  Except as otherwise provided in subsection [4,] 3, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 16 or 17 years of age and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  [Except as otherwise provided in subsection 4, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

 


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             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.] For the purposes of [subsections] subsection 1 , [and 2,] a person shall be deemed to be or have been employed in a position of authority by a public school or private school or deemed to be or have been volunteering in a position of authority at a public or private school if the person is or was employed or volunteering as:

      (a) A teacher or instructor;

      (b) An administrator;

      (c) A head or assistant coach; or

      (d) A teacher’s aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.

      [4.]3.  The provisions of this section do not apply to a person who is married to the pupil.

      Secs. 19 and 20. (Deleted by amendment.)

      Sec. 21. NRS 48.045 is hereby amended to read as follows:

      48.045  1.  Evidence of a person’s character or a trait of his or her character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:

      (a) Evidence of a person’s character or a trait of his or her character offered by an accused, and similar evidence offered by the prosecution to rebut such evidence;

      (b) Evidence of the character or a trait of character of the victim of the crime offered by an accused, subject to the procedural requirements of NRS 48.069 where applicable, and similar evidence offered by the prosecution to rebut such evidence; and

      (c) Unless excluded by NRS 50.090, evidence of the character of a witness, offered to attack or support his or her credibility, within the limits provided by NRS 50.085.

      2.  Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

      3.  Nothing in this section shall be construed to prohibit the admission of evidence in a criminal prosecution for a sexual offense that a person committed another crime, wrong or act that constitutes a separate sexual offense. As used in this subsection, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      Sec. 22. Chapter 50 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.

      Sec. 23. 1.  In any criminal or juvenile delinquency action, expert testimony offered by the prosecution or defense which concerns the behavior of a defendant in preparing a child under the age of 18 years or a vulnerable person as defined in NRS 200.5092 for sexual abuse by the defendant is admissible for any relevant purpose. Such expert testimony may concern, without limitation:

 


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      (a) The effect on the victim from the defendant creating a physical or emotional relationship with the victim before the sexual abuse; and

      (b) Any behavior of the defendant that was intended to reduce the resistance of the victim to the sexual abuse or reduce the likelihood that the victim would report the sexual abuse.

      2.  As used in this section, “sexual abuse” has the meaning ascribed to it in NRS 432B.100.

      Sec. 24. 1.  In any criminal or juvenile delinquency action relating to the commission of a sexual offense, a court may not order the victim of or a witness to the sexual offense to take or submit to a psychological or psychiatric examination.

      2.  The court may exclude the testimony of a licensed psychologist, psychiatrist or clinical worker who performed a psychological or psychiatric examination on the victim or witness if:

      (a) There is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness by a licensed psychologist, psychiatrist or clinical worker; and

      (b) The victim or witness refuses to submit to an additional psychological or psychiatric examination by a licensed psychologist, psychiatrist or clinical worker.

      3.  In determining whether there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness pursuant to subsection 2, the court must consider whether:

      (a) There is a reasonable basis for believing that the mental or emotional state of the victim or witness may have affected his or her ability to perceive and relate events relevant to the criminal prosecution; and

      (b) Any corroboration of the offense exists beyond the testimony of the victim or witness.

      4.  If the court determines there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness, the court shall issue a factual finding that details with particularity the reasons why an additional psychological or psychiatric examination of the victim or witness is warranted.

      5.  If the court issues a factual finding pursuant to subsection 4 and the victim or witness consents to an additional psychological or psychiatric examination, the court shall set the parameters for the examination consistent with the purpose of determining the ability of the victim or witness to perceive and relate events relevant to the criminal prosecution.

      6.  As used in this section, “sexual offense” includes, without limitation:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

      (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

 


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      (f) Incest pursuant to NRS 201.180;

      (g) Open or gross lewdness pursuant to NRS 201.210;

      (h) Indecent or obscene exposure pursuant to NRS 201.220;

      (i) Lewdness with a child pursuant to NRS 201.230;

      (j) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (k) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section;

      (l) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section;

      (m) Luring a child or a person with mental illness pursuant to NRS 201.560;

      (n) An offense that is found to be sexually motivated pursuant to NRS 175.547 or 207.193;

      (o) Pandering of a child pursuant to NRS 201.300;

      (p) Any other offense that has an element involving a sexual act or sexual conduct with another person; or

      (q) Any attempt or conspiracy to commit an offense listed in this subsection.

      Sec. 25. NRS 50.260 is hereby amended to read as follows:

      50.260  As used in NRS 50.260 to 50.345, inclusive, and section 23 of this act, unless the context otherwise requires, “prohibited substance” has the meaning ascribed to it in NRS 484C.080.

      Sec. 26. NRS 432B.140 is hereby amended to read as follows:

      432B.140  Negligent treatment or maltreatment of a child occurs if a child has been subjected to harmful behavior that is terrorizing, degrading, painful or emotionally traumatic, has been abandoned, is without proper care, control [and] or supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.

      Sec. 27.  1.  The amendatory provisions of sections 1 to 5, inclusive, 6.5 and 11 of this act apply to an intimate image that is electronically disseminated or sold on or after October 1, 2015.

      2.  The amendatory provisions of section 6 of this act apply to an intimate image that is electronically disseminated or sold before, on or after October 1, 2015, if, on or after October 1, 2015, a person:

      (a) Demands payment of money, property, services or anything else of value from a person in exchange for removing the intimate image from public view; or

      (b) Directly or indirectly counsels, hires, commands, induces or otherwise procures another person to demand payment of money, property, services or anything else of value from a person in exchange for removing the intimate image from public view.

      3.  The amendatory provisions of sections 7 to 10, inclusive, 13, 14, 15, 17, 18, 19 and 26 of this act apply to an offense that is committed on or after October 1, 2015.

 


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      4.  The amendatory provisions of sections 12, 16 and 20 to 25, inclusive, of this act apply to a court proceeding that is commenced on or after October 1, 2015.

      5.  As used in this section, “intimate image” has the meaning ascribed to it in section 3 of this act.

      Sec. 28.  (Deleted by amendment.)

________

CHAPTER 400, AB 50

Assembly Bill No. 50–Committee on Judiciary

 

CHAPTER 400

 

[Approved: June 8, 2015]

 

AN ACT relating to solicitation of contributions; requiring certain charitable organizations to register with the Secretary of State before soliciting charitable contributions in this State; requiring the Secretary of State to provide to the public certain information concerning such registered charitable organizations; revising provisions governing the enforcement of certain requirements imposed on certain nonprofit and charitable organizations; revising provisions governing the disclosure of certain information in a solicitation for contributions for or on behalf of a nonprofit or charitable organization; authorizing the imposition of penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law governs the solicitation of charitable contributions within the State by nonprofit corporations. (NRS 82.382-82.417) Section 27 of this bill repeals those provisions of existing law. Sections 2-22 of this bill reenact and revise those repealed sections to provide governance of the solicitation of charitable and other contributions by all charitable organizations and nonprofit organizations in this State.

      Section 14 requires every charitable organization that intends to solicit tax-deductible charitable contributions in this State, other than certain types of charitable organizations exempted by section 15, to register with the Secretary of State by filing certain information and a financial report with the Secretary of State before the charitable organization first solicits a charitable contribution in this State or has a charitable contribution solicited in this State on its behalf by another person and annually thereafter. In certain circumstances, section 14 authorizes a charitable organization to submit a copy of its Form 990 as filed with the Internal Revenue Service for the most recent fiscal year as its financial report. Section 18 requires the Secretary of State to make available the information and financial report on the Secretary of State’s Internet website.

      Section 19 provides that if a charitable organization fails to file the information and financial report as required for registration on or before the due date, the Secretary of State will impose a $50 penalty and notify the organization. If the charitable organization fails to file the information and financial report and pay the penalty within 90 days after receiving notice, section 19 further authorizes the Secretary of State to impose a civil penalty of not more than $1,000 and issue a cease and desist order prohibiting any further solicitation of contributions by the organization. If the charitable organization fails to pay the penalty or comply with the cease and desist order, section 19 authorizes the Secretary of State to: (1) forfeit the right of the charitable organization to transact business in this State; and (2) refer the matter to the Attorney General for a determination of whether to institute the appropriate proceedings in a court of competent jurisdiction.

 


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      Section 20 requires the Secretary of State to provide written notice to a person who is alleged to have violated certain provisions of law governing the solicitation of charitable contributions if the Secretary of State believes such a violation has occurred. Section 20 further authorizes the Secretary of State to refer a violation of certain provisions of law governing the solicitation of charitable contributions to the Attorney General for a determination of whether to institute the appropriate proceedings in a court of competent jurisdiction. Under section 20, in such a proceeding, in addition to any other penalty imposed by law, the Attorney General may seek an injunction or other equitable relief and a civil penalty of not more than $1,000. If the Attorney General prevails in the proceeding, the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, investigation costs and reasonable attorney’s fees.

      Existing law requires a person soliciting a contribution for or on behalf of a charitable organization or nonprofit corporation to make certain disclosures, and provides that under certain circumstances, a failure to make such disclosures is a deceptive trade practice. (NRS 598.1305) Sections 16 and 17 revise the types of charitable and nonprofit organizations to which this requirement applies and exempt certain solicitations from this requirement. Sections 16 and 25 further provide that a failure to make the required disclosures is no longer a deceptive trade practice, and transfer primary jurisdiction for enforcing the disclosure requirement from the Attorney General to the Secretary of State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 7 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 22, 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 attributed to them in those sections.

      Sec. 3. “Alumni association” means an organization whose membership is limited to graduates or former students of a particular university, college or school and which raises funds to support its membership and its activities.

      Sec. 4. “Charitable contribution” means a contribution that is allowable as a tax deductible contribution pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), future amendments to that section and the corresponding provisions of future internal revenue laws.

      Sec. 5. “Charitable organization” means any person who directly or indirectly, solicits contributions, and who the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3). The term does not include an organization that is established for and serving bona fide religious purposes.

      Sec. 6. “Charitable promotion, service or activity” means an advertising or sales campaign conducted by a for-profit entity or business, which represents that the purchase of goods or services or participation in an activity will benefit, in whole or in part, a charitable organization, nonprofit organization or charitable purpose.

 


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      Sec. 7. “Church” means a religious organization which holds property for charitable or religious purposes. The term may include, without limitation, a mosque, synagogue or temple.

      Sec. 8. “Contribution” means the promise or grant of any money or property of any kind or value.

      Sec. 9. “Corporation for Public Broadcasting” means the corporation established pursuant to 47 U.S.C. § 396(b).

      Sec. 10. “Form 990” means the Return of Organization Exempt from Income Tax (Form 990) of the Internal Revenue Service of the United States Department of the Treasury, or any equivalent or successor form of the Internal Revenue Service.

      Sec. 11. “Nonprofit organization” means an organization which qualifies as tax exempt pursuant to section 501(c) of the Internal Revenue Code.

      Sec. 12. “Solicit” means to request a contribution, donation, gift or the like that is made by any means, including, without limitation:

      1.  Mail;

      2.  Commercial carrier;

      3.  Telephone, facsimile, electronic mail or other electronic medium or device;

      4.  A face-to-face meeting; or

      5.  A special event or promotion.

Ê The term includes, without limitation, requesting a contribution, donation, gift or the like from a location outside of this State to persons located in this State.

      Sec. 13. The provisions of this chapter do not apply to a person or other entity that is a unit or an instrumentality of the United States Government.

      Sec. 14. 1.  Except as otherwise provided in section 15 of this act, a charitable organization shall not solicit charitable contributions in this State, or have charitable contributions solicited in this State on its behalf by another person, unless the charitable organization is registered with the Secretary of State pursuant to this section. Each chapter, branch or affiliate of a charitable organization may register separately.

      2.  A charitable organization that wishes to register with the Secretary of State as set forth in subsection 1 must file on a form prescribed by the Secretary of State:

      (a) The information required by subsection 4; and

      (b) A financial report that satisfies the requirements of subsection 5.

      3.  If a charitable organization is:

      (a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the charitable organization must file the information and financial report required by subsection 2 at the time of filing the initial list and at the time of filing each annual list. If the charitable organization did not file the information and financial report required by subsection 2 at the time of filing its initial list or at the time of filing its most recent annual list, it must file the information required by subsection 2 before soliciting charitable contributions in this State, or having charitable contributions solicited in this State on its behalf by another person, and thereafter at the time of filing each annual list.

      (b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the charitable organization must file the information and financial report required by subsection 2 before it solicits charitable contributions in this State, or has charitable contributions solicited in this State on its behalf by another person, and annually thereafter on the last day of the month in which the anniversary date of the initial filing of the information and financial report.

 


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file the information and financial report required by subsection 2 before it solicits charitable contributions in this State, or has charitable contributions solicited in this State on its behalf by another person, and annually thereafter on the last day of the month in which the anniversary date of the initial filing of the information and financial report.

      4.  The form required by subsection 2 must include, without limitation:

      (a) The exact name of the charitable organization as registered with the Internal Revenue Service;

      (b) The federal tax identification number of the charitable organization;

      (c) The name of the charitable organization as registered with the Secretary of State or, in the case of a foreign charitable organization, the name of the foreign charitable organization as filed in its jurisdiction of origin;

      (d) The name or names under which the charitable organization intends to solicit charitable contributions;

      (e) The address and telephone number of the principal place of business of the charitable organization and the address and telephone number of any offices of the charitable organization in this State or, if the charitable organization does not maintain an office in this State, the name, address and telephone number of the custodian of the financial records of the charitable organization;

      (f) The names and addresses, either residence or business, of the executive personnel of the charitable organization;

      (g) The last day of the fiscal year of the charitable organization;

      (h) The jurisdiction and date of the formation of the charitable organization;

      (i) The tax exempt status of the charitable organization;

      (j) If the charitable organization does not file with the Secretary of State articles of incorporation or any other formation document, including, without limitation, a foreign qualification document, as defined in NRS 77.090:

             (1) The purpose for which the charitable organization is organized; and

             (2) The names and addresses, either residence or business, of the officers, directors and trustees of the charitable organization; and

      (k) Any other information deemed necessary by the Secretary of State, as prescribed by regulations adopted by the Secretary of State pursuant to section 22 of this act.

      5.  Except as otherwise provided in this subsection, a financial report must contain the financial information of the charitable organization for the most recent fiscal year. In the discretion of the Secretary of State, the financial report may be a copy of the Form 990 of the charitable organization, with all schedules except the schedules of donors, for the most recent fiscal year. If a charitable organization was first formed within the past year and does not have any financial information or a Form 990 for its most recent fiscal year, the charitable organization must complete the financial report on a form prescribed by the Secretary of State using good faith estimates for its current fiscal year.

 


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      6.  All information and the financial report filed pursuant to this section are public records. The filing of information pursuant to this section is not an endorsement of any charitable organization by the Secretary of State or the State of Nevada.

      Sec. 15. 1.  A charitable organization is not required to be registered with the Secretary of State pursuant to section 14 of this act during any year in which its only solicitations for contributions, donations, gifts or the like are:

      (a) Directed only to a total of fewer than 15 persons annually;

      (b) Directed only to persons who are related within the third degree of consanguinity or affinity to the officers, directors, trustees or executive personnel of the charitable organization;

      (c) Conducted by a church or one or more of its integrated auxiliaries or by a convention or association of churches that is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), and exempt from filing an annual return pursuant to section 6033 of the Internal Revenue Code, 26 U.S.C. § 6033;

      (d) Appeals for funds to benefit a particular person or his or her immediate family named in the solicitation, but only if all the proceeds of the solicitation are given to or expended for the direct benefit of the person or his or her immediate family; or

      (e) Conducted by an alumni association of an accredited institution which solicits only persons who have an established affiliation with the institution, including, without limitation, current and former students, members of the faculty or staff, or persons who are within the third degree of consanguinity or affinity of such persons.

      2.  A charitable organization that believes it is exempt from registration pursuant to this section must, before it solicits a charitable contribution in this State or has a charitable contribution solicited in this State on its behalf by another person, and annually thereafter, file a declaration of exemption on a form prescribed by the Secretary of State.

      Sec. 16. 1.  Except as otherwise provided in this section and section 17 of this act, a solicitation for a contribution by, for or on behalf of a charitable organization or nonprofit organization, including, without limitation, a solicitation by means of electronic mail or other electronic medium or device, must disclose the following information:

      (a) The full legal name of the charitable organization or nonprofit organization as registered with the Secretary of State pursuant to this title;

      (b) If the charitable organization or nonprofit organization is not registered or not required to be registered with the Secretary of State pursuant to this title, the full legal name and the physical address of the principal place of business of the charitable organization or nonprofit organization;

      (c) A published phone number or Internet address of a website for the charitable organization or nonprofit organization;

      (d) A statement or description of the purpose of the charitable organization or nonprofit organization; and

      (e) A statement that the contribution:

             (1) May be tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c); or

             (2) Does not qualify for such a federal tax deduction.

 


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      2.  A solicitation for a contribution by, for or on behalf of a charitable organization or nonprofit organization by means of electronic medium or device, other than electronic mail, is deemed to comply with the requirements of subsection 1 if:

      (a) The information required to be disclosed pursuant to subsection 1 may be obtained from an Internet website maintained by the charitable organization or nonprofit organization;

      (b) The charitable organization or nonprofit organization provides a hyperlink to that Internet website; and

      (c) The statement required by paragraph (e) of subsection 1 is located conspicuously on that Internet website or on the page of that Internet website where the donor commits to the charitable contribution.

      3.  A solicitation or pledge drive conducted by a charitable organization or nonprofit organization as part of a broadcast telethon, radiothon, webcast or any similar form of broadcast communication is not required to provide the disclosure required by this section throughout the broadcast event, but must disclose the information to a prospective donor before the donor commits or pledges to make a contribution.

      4.  A disclosure provided in connection with an appeal for funds to benefit a particular person or his or her immediate family must contain:

      (a) The name of the particular person or family members who are to benefit from the appeal; and

      (b) A statement that a contribution in response to the appeal may not qualify for a federal tax deduction.

      Sec. 17. The requirement to disclose information set forth in section 16 of this act does not apply to a solicitation that is:

      1.  Directed only to a total of fewer than 15 persons annually;

      2.  Directed to persons who are related within the third degree of consanguinity or affinity to the officers, directors, trustees or executive personnel of the charitable organization or nonprofit organization;

      3.  Conducted by an alumni association of an accredited institution which solicits only persons who have an established affiliation with the institution, including, without limitation, current and former students, members of the faculty or staff, or persons who are within the third degree of consanguinity or affinity of such persons;

      4.  Conducted by a public broadcast organization which meets the eligibility requirements established by the Corporation for Public Broadcasting;

      5.  Conducted by a church or one or more of its integrated auxiliaries or by a convention or association of churches that is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), and exempt from filing an annual return pursuant to section 6033 of the Internal Revenue Code, 26 U.S.C. § 6033;

      6.  A charitable promotion, service or activity conducted or facilitated by a for-profit entity or business located in this State if:

      (a) The sale of the goods, services or participation by the for-profit entity or business is incidental to the ordinary transaction of its business; and

      (b) The value of the goods, services or participation acquired by the purchaser or participant is de minimis;

      7.  Direct sales of tangible goods, items or services by a charitable organization or nonprofit organization in which the amount paid for the good, item or service is reasonably proportionate to the current market or face value of the good, item or service; or

 


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ê2015 Statutes of Nevada, Page 2252 (Chapter 400, AB 50)ê

 

good, item or service is reasonably proportionate to the current market or face value of the good, item or service; or

      8.  An application or request for a grant, contract or similar funding from a foundation, corporation, nonprofit organization, governmental agency or similar entity which has an established application and review procedure for consideration of such applications or requests.

      Sec. 18. The Secretary of State shall make available to the public and post on the official Internet website of the Secretary of State the information and financial report filed by each charitable organization pursuant to sections 14 and 15 of this act.

      Sec. 19. 1.  If the Secretary of State finds that a charitable organization which is required to file the information and financial report required for registration pursuant to subsection 2 of section 14 of this act is soliciting charitable contributions in this State, or is having charitable contributions solicited in this State on its behalf by another person, without having filed the information and financial report required for registration on or before the due date for the filing established pursuant to subsection 3 of section 14 of this act, the Secretary of State shall:

      (a) If the charitable organization is required to file an annual list with the Secretary of State pursuant to this title, impose the penalty for default in the filing of an annual list set forth in the provisions of this title applicable to the charitable organization and notify the charitable organization of the violation by providing written notice to its registered agent. The notice:

             (1) Must include a statement that the charitable organization is required to file the information and financial statement required for registration by subsection 2 of section 14 of this act and pay the penalty for default in the filing of an annual list set forth in the provisions of this title applicable to the charitable organization; and

             (2) May be provided electronically.

      (b) If the charitable organization is not required to file an annual list with the Secretary of State pursuant to this title, impose a penalty in the amount of $50 for the failure of the charitable organization to file the information and financial report required for registration as required pursuant to subsection 2 of section 14 of this act and notify the charitable organization of the violation by providing written notice to the charitable organization. The notice:

             (1) Must include a statement indicating that the charitable organization is required to file the information and financial report required for registration by subsection 2 of section 14 of this act and pay the penalty as set forth in this paragraph; and

             (2) May be provided electronically.

      2.  If a charitable organization fails to file the information and financial report required by subsection 2 of section 14 of this act and pay the penalty for default as set forth in this section within 90 days after the charitable organization or its registered agent receives the written notice provided pursuant to subsection 1, the Secretary of State may, in addition to imposing the penalty for default as set forth in this section, take any or all of the following actions:

 


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ê2015 Statutes of Nevada, Page 2253 (Chapter 400, AB 50)ê

 

      (a) Impose a civil penalty of not more than $1,000.

      (b) Issue an order to cease and desist soliciting charitable contributions or having charitable contributions solicited on behalf of the charitable organization by another person.

      3.  An action taken pursuant to subsection 2 is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.

      4.  If a charitable organization fails to pay a civil penalty imposed by the Secretary of State pursuant to subsection 2 or comply with an order to cease and desist issued by the Secretary of State pursuant to subsection 2, the Secretary of State may:

      (a) If the charitable organization is organized pursuant to this title, revoke the charter of the charitable organization. If the charter of the charitable organization is revoked pursuant to this paragraph, the charitable organization forfeits its right to transact business in this State.

      (b) If the charitable organization is a foreign nonprofit charitable organization, forfeit the right of the foreign nonprofit charitable organization to transact business in this State.

      (c) Refer the matter to the Attorney General for a determination of whether to institute proceedings pursuant to section 20 of this act.

      Sec. 20. 1.  If the Secretary of State believes that a person has violated any provision of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of charitable contributions, the Secretary of State shall notify the person in writing of the alleged violation.

      2.  The Secretary of State may refer an alleged violation of any provision of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of charitable contributions to the Attorney General for a determination of whether to institute proceedings in a court of competent jurisdiction to enforce the provisions of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of charitable contributions. The Attorney General may institute and prosecute the appropriate proceedings to enforce the provisions of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of charitable contributions.

      3.  In addition to any other penalty imposed by law, in a proceeding instituted by the Attorney General pursuant to subsection 2, the Attorney General may seek an injunction or other equitable relief and may recover a civil penalty of not more than $1,000 for each violation. If the Attorney General prevails in such a proceeding, the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      Sec. 21. The powers and duties of the Secretary of State and the Attorney General pursuant to the provisions of this chapter are in addition to other powers and duties of the Secretary of State and Attorney General with respect to charitable organizations and nonprofit organizations.

      Sec. 22. The Secretary of State may adopt regulations to administer the provisions of this chapter.

      Sec. 23.  NRS 82.131 is hereby amended to read as follows:

      82.131  Subject to such limitations, if any, as may be contained in its articles, and except as otherwise provided in [NRS 82.392,] section 14 of this act, every corporation may:

 


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      1.  Borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation, issue bonds, promissory notes, drafts, debentures and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or other security, or unsecured, for money borrowed, or in payment for property purchased or acquired, or for any other lawful object.

      2.  Guarantee, purchase, hold, take, obtain, receive, subscribe for, own, use, dispose of, sell, exchange, lease, lend, assign, mortgage, pledge or otherwise acquire, transfer or deal in or with bonds or obligations of, or shares, securities or interests in or issued by any person, government, governmental agency or political subdivision of government, and exercise all the rights, powers and privileges of ownership of such an interest, including the right to vote, if any.

      3.  Issue certificates evidencing membership and issue identity cards.

      4.  Make donations for the public welfare or for community funds, hospital, charitable, educational, scientific, civil, religious or similar purposes.

      5.  Levy dues, assessments and fees.

      6.  Purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, improve, use and otherwise deal in and with real or personal property, or any interest therein, wherever situated.

      7.  Carry on a business for profit and apply any profit that results from the business to any activity in which it may lawfully engage.

      8.  Participate with others in any partnership, joint venture or other association, transaction or arrangement of any kind, whether or not participation involves sharing or delegation of control with or to others.

      9.  Act as trustee under any trust incidental to the principal objects of the corporation, and receive, hold, administer, exchange and expend funds and property subject to the trust.

      10.  Pay reasonable compensation to officers, directors and employees, pay pensions, retirement allowances and compensation for past services, and establish incentive or benefit plans, trusts and provisions for the benefit of its officers, directors, employees, agents and their families, dependents and beneficiaries, and indemnify and buy insurance for a fiduciary of such a benefit or incentive plan, trust or provision.

      11.  Have one or more offices, and hold, purchase, mortgage and convey real and personal property in this State, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia and any foreign countries.

      12.  Do everything necessary and proper for the accomplishment of the objects enumerated in its articles of incorporation, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not the business is similar in nature to the objects set forth in the articles of incorporation of the corporation, except that:

      (a) A corporation does not, by any implication or construction, possess the power of issuing bills, notes or other evidences of debt for circulation of money; and

      (b) This chapter does not authorize the formation of banking corporations to issue or circulate money or currency within this State, or outside of this State, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.

 


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ê2015 Statutes of Nevada, Page 2255 (Chapter 400, AB 50)ê

 

outside of this State, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.

      Sec. 24. NRS 82.5231 is hereby amended to read as follows:

      82.5231  Except as otherwise provided in [NRS 82.392,] section 14 of this act, if a foreign nonprofit corporation has filed the initial or annual list in compliance with NRS 82.523 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign nonprofit corporation constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

      Sec. 25. NRS 598.1305 is hereby amended to read as follows:

      598.1305  1.  [A person representing that he or she is conducting a solicitation for or on behalf of a charitable organization or nonprofit corporation shall disclose:

      (a) The full legal name of the charitable organization or nonprofit corporation as registered with the Secretary of State pursuant to NRS 82.392;

      (b) The state or jurisdiction in which the charitable organization or nonprofit corporation was formed;

      (c) The purpose of the charitable organization or nonprofit corporation; and

      (d) That the contribution or donation may be tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), or that the contribution or donation does not qualify for such a federal tax deduction.

      2.]  A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization or nonprofit corporation, shall not:

      (a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or

      (b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.

      [3.  Any solicitation that is made in writing for or on behalf of a charitable organization or nonprofit corporation, including, without limitation, an electronic communication, must contain the full legal name of the charitable organization or nonprofit corporation as registered with the Secretary of State pursuant to NRS 82.392 and a disclaimer stating that the contribution or donation may be tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), or that the contribution or donation does not qualify for such a federal tax deduction.

      4.] 2.  Notwithstanding any other provisions of this chapter, the Attorney General has primary jurisdiction to investigate and prosecute a violation of this section.

      [5.] 3.  Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      [6.] 4.  As used in this section:

 


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ê2015 Statutes of Nevada, Page 2256 (Chapter 400, AB 50)ê

 

      (a) “Charitable organization” means any person who, directly or indirectly, solicits contributions and who the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code. The term does not include an organization which is established for and serving bona fide religious purposes.

      (b) “Solicitation” means a request for a contribution to a charitable organization or nonprofit corporation that is made by any means, including, without limitation:

             (1) Mail;

             (2) Commercial carrier;

             (3) Telephone, facsimile, electronic mail or other electronic medium or device; or

             (4) A face-to-face meeting.

Ê The term includes , without limitation, solicitations which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State. [For the purposes of subsections 1 and 3, the term does not include solicitations which are directed only to a total of fewer than 15 persons or only to persons who are related within the third degree of consanguinity or affinity to the officers, directors, trustees or executive personnel of the charitable organization or nonprofit corporation.]

      Sec. 26.  Any administrative regulations adopted by the Secretary of State pursuant to a provision of NRS that was amended or repealed by this act remain in force until amended by the Secretary of State.

      Sec. 27. NRS 82.382, 82.387, 82.392, 82.397, 82.402, 82.407, 82.412 and 82.417 are hereby repealed.

      Sec. 28.  This act becomes effective:

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

      2.  On October 1, 2015, for all other purposes.

________

CHAPTER 401, AB 70

Assembly Bill No. 70–Committee on Taxation

 

CHAPTER 401

 

[Approved: June 8, 2015]

 

AN ACT relating to medical marijuana; providing for the administration and enforcement of taxes on the sale of marijuana, edible marijuana products and marijuana-infused products by medical marijuana establishments; eliminating certain duties of the Department of Taxation relating to the rates of such taxes; providing for the collection of a fee by an agency of a local government from a medical marijuana establishment for certain costs of the agency; authorizing an independent contractor to provide labor to a medical marijuana establishment in certain circumstances; providing penalties; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 2257 (Chapter 401, AB 70)ê

 

Legislative Counsel’s Digest:

      Existing law imposes taxes on: (1) the sale of controlled substances, which are defined to exclude marijuana, edible marijuana products and marijuana-infused products; and (2) the wholesale and retail sales of marijuana, edible marijuana products and marijuana-infused products by medical marijuana establishments. (NRS 372A.070, 372A.075) Sections 4-21 of this bill generally provide for the administration and enforcement of the taxes imposed on sales by medical marijuana establishments. Section 10 adopts by reference provisions of general applicability relating to the payment, collection, administration and enforcement of taxes. Sections 11 and 12 require that a taxpayer maintain certain records and provide for the inspection of those records by the Department of Taxation or its authorized representative. Sections 1 and 2 of this bill and sections 13-15 adopt provisions governing penalties for failure to pay, claims for refunds and credits, and the payment of interest on any overpayment of the tax on medical marijuana. Section 16 sets forth the procedure by which the denial of a claim for a refund or credit may be appealed to the Nevada Tax Commission and provides that the Commission’s final decision on an appeal is a final decision for the purposes of judicial review pursuant to the Nevada Administrative Procedure Act. Section 17 denies standing to commence or maintain a proceeding for judicial review to anyone other than the person who made the disputed payment. If judgment is rendered for the claimant in such a proceeding, section 18 provides for the allowance and computation of interest on the amount found to have been erroneously or illegally collected. Section 19 prohibits proceedings to prevent or enjoin the collection of the tax and requires that a timely claim for a refund or credit be made as a prerequisite to any proceeding for the recovery of a refund. Section 20 makes it a gross misdemeanor for any person to file a false or fraudulent return or engage in other conduct with intent to defraud the State or evade payment of the tax. Section 21 provides that the remedies of the State relating to the administration of the tax are cumulative, meaning that the pursuit of one remedy by the Department or the Attorney General does not preclude the pursuit of any other authorized remedy.

      Under existing law, the Department is required regularly to review the rates of the taxes imposed on sales by medical marijuana establishments and make recommendations to the Legislature regarding adjustments of those rates. (NRS 372A.075) Section 23 of this bill eliminates that requirement. With that exception, sections 22-28 of this bill reflect a reorganization of the provisions of chapter 372A of NRS, but make no substantive changes.

      Under existing law, an applicant for the issuance or renewal of a medical marijuana establishment registration certificate must submit proof that it has complied with the zoning restrictions and applicable building requirements of the local governmental authority for the place it will be located. (NRS 453A.322) Additionally, in a local governmental jurisdiction that issues business licenses, the issuance of a medical marijuana establishment registration certificate is provisional until the establishment complies with all applicable local governmental ordinances or rules and receives a business license. (NRS 453A.326) Section 29 of this bill requires an agency of a local government that performs inspections, reviews or other tasks related to ensuring that a medical marijuana establishment complies with all applicable local governmental ordinances or rules to maintain records of: (1) the hours its employees spend on these inspections, reviews and tasks; (2) the rate of pay of such employees; and (3) the share of any costs for equipment for the agency attributable to the establishment. Section 29 requires the agency to provide these records to the establishment within 30 days after performing such inspections, reviews or tasks and requires the establishment to pay a fee to the agency equal to the actual costs of the agency to perform the inspections, reviews and tasks. Section 29 requires that the proceeds of such a fee be expended only to pay the costs to perform such inspections, reviews and tasks and prohibits the proceeds from supplanting other support for the agency.

 


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      Under existing law, a person must register with the Division of Public and Behavioral Health of the Department of Health and Human Services as a medical marijuana establishment agent before volunteering or working at a medical marijuana establishment. (NRS 453A.332) Sections 30, 31 and 33 of this bill allow an independent contractor and its employees to register as medical marijuana establishment agents and provide labor to a medical marijuana establishment.

 

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 360.2937 is hereby amended to read as follows:

      360.2937  1.  Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A or 377C of NRS, any of the taxes provided for in NRS 372A.075, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

      2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

      3.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

      Sec. 2. NRS 360.417 is hereby amended to read as follows:

      360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A, 377C, 444A or 585 of NRS, any of the taxes provided for in NRS 372A.075, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

 


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ê2015 Statutes of Nevada, Page 2259 (Chapter 401, AB 70)ê

 

      Sec. 3. Chapter 372A of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 21, inclusive, of this act.

      Sec. 4. As used in NRS 372A.075 and sections 4 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5. “Cultivation facility” has the meaning ascribed to it in NRS 453A.056.

      Sec. 6. “Excise tax on medical marijuana” means any of the excise taxes imposed by NRS 372A.075.

      Sec. 7. “Facility for the production of edible marijuana products or marijuana-infused products” has the meaning ascribed to it in NRS 453A.105.

      Sec. 8. “Medical marijuana dispensary” has the meaning ascribed to it in NRS 453A.115.

      Sec. 9. “Taxpayer” means a:

      1.  Cultivation facility;

      2.  Facility for the production of edible marijuana products or marijuana-infused products; or

      3.  Medical marijuana dispensary.

      Sec. 10. The provisions of chapter 360 of NRS relating to the payment, collection, administration and enforcement of taxes, including, without limitation, any provisions relating to the imposition of penalties and interest, shall be deemed to apply to the payment, collection, administration and enforcement of the excise tax on medical marijuana to the extent that those provisions do not conflict with the provisions of NRS 372A.075 and sections 4 to 21, inclusive, of this act.

      Sec. 11. 1.  Each person responsible for maintaining the records of a taxpayer shall:

      (a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the provisions of NRS 372A.075 and sections 4 to 21, inclusive, of this act;

      (b) Preserve those records for 4 years or until any litigation or prosecution pursuant to NRS 372A.075 and sections 4 to 21, inclusive, of this act is finally determined, whichever is longer; and

      (c) Make the records available for inspection by the Department upon demand at reasonable times during regular business hours.

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

      Sec. 12. 1.  To verify the accuracy of any return filed by a taxpayer or, if no return is filed, to determine the amount required to be paid, the Department, or any person authorized in writing by the Department, may examine the books, papers and records of any person who may be liable for the excise tax on medical marijuana.

      2.  Any person who may be liable for the excise tax on medical marijuana and who keeps outside of this State any books, papers and records relating thereto shall pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to examine those documents.

 


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plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to examine those documents.

      Sec. 13. If the Department determines that the excise tax on medical marijuana or any penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must, after being credited against any amount then due from the person in accordance with NRS 360.236, be refunded to the person or his or her successors in interest.

      Sec. 14. 1.  Except as otherwise provided in NRS 360.235 and 360.395:

      (a) No refund of the excise tax on medical marijuana may be allowed unless a claim for refund is filed with the Department within 3 years after the last day of the month following the month for which the overpayment was made.

      (b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period.

      2.  Each claim must be in writing and must state the specific grounds upon which the claim is founded.

      3.  The failure to file a claim within the time prescribed in subsection 1 constitutes a waiver of any demand against the State on account of any overpayment.

      Sec. 15. 1.  Except as otherwise provided in subsection 2, NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of the excise tax on medical marijuana at the rate set forth in, and in accordance with the provisions of, NRS 360.2937.

      2.  If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.

      Sec. 16. 1.  Within 30 days after rejecting a claim for refund or credit in whole or in part, the Department shall serve written notice of its action on the claimant in the manner prescribed for service of a notice of deficiency determination. Within 30 days after the date of service of the notice, a claimant who is aggrieved by the action of the Department may file an appeal with the Nevada Tax Commission.

      2.  If the Department fails to serve notice of its action on a claim for refund or credit within 6 months after the claim is filed, the claimant may consider the claim to be disallowed and file an appeal with the Nevada Tax Commission within 30 days after the last day of the 6-month period.

      3.  The final decision of the Nevada Tax Commission on an appeal is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.

      Sec. 17. 1.  A proceeding for judicial review of a decision of the Nevada Tax Commission may not be commenced or maintained by an assignee of the claimant or by any other person other than the person who paid the amount at issue in the claim.

 


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      2.  The failure of a claimant to file a timely petition for judicial review constitutes a waiver of any demand against the State on account of any overpayment.

      Sec. 18. 1.  If judgment is rendered for the claimant in a proceeding for judicial review, any amount found by the court to have been erroneously or illegally collected must first be credited to any tax due from the claimant. The balance of the amount must be refunded to the claimant.

      2.  In any such judgment, interest must be allowed at the rate of 3 percent per annum upon any amount found to have been erroneously or illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.

      Sec. 19. 1.  No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this State or against any officer of the State to prevent or enjoin the collection of the excise tax on medical marijuana or any amount of tax, penalty or interest required to be collected.

      2.  No suit or proceeding, including, without limitation, a proceeding for judicial review, may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed within the time prescribed in section 14 of this act.

      Sec. 20. 1.  A person shall not, with intent to defraud the State or evade payment of the excise tax on medical marijuana or any part of the tax:

      (a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any return or declaration.

      (b) Make, cause to be made or permit to be made any false entry in books, records or accounts.

      (c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts.

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

      Sec. 21. The remedies of the State provided for in NRS 372A.075 and sections 4 to 21, inclusive, of this act are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in those sections.

      Sec. 22. NRS 372A.060 is hereby amended to read as follows:

      372A.060  1.  [This chapter does] The provisions of this section, NRS 372A.070 and 372A.080 to 372A.130, inclusive, do not apply to:

      (a) Any person who is registered or exempt from registration pursuant to NRS 453.226 or any other person who is lawfully in possession of a controlled substance; or

      (b) [Except as otherwise provided in NRS 372A.075, any] Any person who acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana for the medical use of marijuana as authorized pursuant to chapter 453A of NRS.

 


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      2.  Compliance with the provisions of this [chapter] section, NRS 372A.070 and 372A.080 to 372A.130, inclusive, does not immunize a person from criminal prosecution for the violation of any other provision of law.

      Sec. 23.  NRS 372A.075 is hereby amended to read as follows:

      372A.075  1.  An excise tax is hereby imposed on each wholesale sale in this State of marijuana by a cultivation facility to another medical marijuana establishment at the rate of 2 percent of the sales price of the marijuana. The excise tax imposed pursuant to this subsection is the obligation of the cultivation facility.

      2.  An excise tax is hereby imposed on each wholesale sale in this State of edible marijuana products or marijuana-infused products by a facility for the production of edible marijuana products or marijuana-infused products to another medical marijuana establishment at the rate of 2 percent of the sales price of those products. The excise tax imposed pursuant to this subsection is the obligation of the facility for the production of edible marijuana products or marijuana-infused products which sells the edible marijuana products or marijuana-infused products to the other medical marijuana establishment.

      3.  An excise tax is hereby imposed on each retail sale in this State of marijuana, edible marijuana products or marijuana-infused products by a medical marijuana dispensary at the rate of 2 percent of the sales price of the marijuana, edible marijuana products or marijuana-infused products. The excise tax imposed pursuant to this subsection:

      (a) Is the obligation of the medical marijuana dispensary.

      (b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property.

      (c) Must be considered part of the total retail price to which general state and local sales and use taxes apply.

      4.  The revenues collected from the excise taxes imposed pursuant to subsections 1, 2 and 3 must be distributed as follows:

      (a) Seventy-five percent must be paid over as collected to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund.

      (b) Twenty-five percent must be expended to pay the costs of the Division of Public and Behavioral Health of the Department of Health and Human Services in carrying out the provisions of NRS 453A.320 to 453A.370, inclusive.

      5.  [The Department shall review regularly the rates of the excise taxes imposed pursuant to subsections 1, 2 and 3 and make recommendations to the Legislature, as appropriate, regarding adjustments that the Department determines would benefit the residents of this State.

      6.]  As used in this section:

      (a) [“Cultivation facility” has the meaning ascribed to it in NRS 453A.056.

      (b)] “Edible marijuana products” has the meaning ascribed to it in NRS 453A.101.

      [(c) “Facility for the production of edible marijuana products or marijuana-infused products” has the meaning ascribed to it in NRS 453A.105.

      (d)](b) “Marijuana-infused products” has the meaning ascribed to it in NRS 453A.112.

      [(e) “Medical marijuana dispensary” has the meaning ascribed to it in NRS 453A.115.

 


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      (f)](c) “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A.116.

      Sec. 24. NRS 372A.080 is hereby amended to read as follows:

      372A.080  1.  Except as otherwise provided in NRS 239.0115, all information which is submitted to the Department by or on behalf of a dealer in controlled substances pursuant to [this chapter] NRS 372A.060, 372A.070 and 372A.080 to 372A.130, inclusive, and all records of the Department which contain the name, address or any other identifying information concerning a dealer are confidential.

      2.  No criminal prosecution may be initiated on the basis of:

      (a) Information which was submitted to the Department; or

      (b) Evidence derived from information submitted to the Department, pursuant to [this chapter] NRS 372A.060, 372A.070 and 372A.080 to 372A.130, inclusive, or any regulation adopted pursuant thereto.

      3.  No information described in paragraph (a) or (b) of subsection 2 is admissible in a criminal prosecution, unless the prosecution shows that the information:

      (a) Was independently discovered; or

      (b) Inevitably would have been discovered based on independent information.

      4.  This section does not prohibit the Department from publishing statistics that do not disclose the identity of a dealer or the contents of a particular return or report submitted to the Department by a dealer.

      5.  Any person who releases or reveals confidential information in violation of this section is guilty of a gross misdemeanor.

      Sec. 25. NRS 372A.090 is hereby amended to read as follows:

      372A.090  1.  The Department shall:

      (a) Design suitable stamps for the purpose of [this chapter.] NRS 372A.060, 372A.070 and 372A.080 to 372A.130, inclusive.

      (b) Have as many stamps printed as may be required.

      (c) Sell the stamps to dealers in controlled substances who are registered.

      2.  The stamps must be serially numbered and the Department shall maintain a record of the number of each stamp with the name of the dealer to whom it was sold.

      Sec. 26. NRS 372A.110 is hereby amended to read as follows:

      372A.110  1.  All taxes and fees collected by the Department pursuant to [this chapter,] NRS 372A.060, 372A.070 and 372A.080 to 372A.130, inclusive, after deducting the actual cost of producing the stamps and administering [this chapter,] the provisions of those sections, must be deposited with the State Treasurer for credit to the State General Fund and accounted for separately.

      2.  The Governor or his or her designee shall administer the money credited to the State General Fund pursuant to subsection 1. The money may be expended only for grants to county and city law enforcement agencies for the enforcement of chapter 453 of NRS.

      3.  Any civil penalty collected by a district attorney pursuant to NRS 372A.070 must be deposited in the county treasury for the purposes of law enforcement and conducting criminal prosecutions.

      Sec. 27. NRS 372A.120 is hereby amended to read as follows:

      372A.120  1.  The Department shall immediately deliver any controlled substances which come into its possession in the course of administering [this chapter,] NRS 372A.060, 372A.070 and 372A.080 to 372A.130, inclusive, with a full accounting to the Investigation Division of the Department of Public Safety.

 


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administering [this chapter,] NRS 372A.060, 372A.070 and 372A.080 to 372A.130, inclusive, with a full accounting to the Investigation Division of the Department of Public Safety.

      2.  The Investigation Division of the Department of Public Safety and every other law enforcement agency shall notify the Department of each person it discovers having possession of a controlled substance and the serial number of any stamps affixed.

      Sec. 28. NRS 372A.130 is hereby amended to read as follows:

      372A.130  No person may bring suit to enjoin the assessment or collection of any taxes, interest or civil penalties imposed by [this chapter.] NRS 372A.060, 372A.070 and 372A.080 to 372A.130, inclusive.

      Sec. 29. Chapter 453A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each agency of a local government which performs inspections, reviews or other tasks related to ensuring that a medical marijuana establishment is in compliance with all applicable local governmental ordinances or rules pursuant to NRS 453A.326 shall maintain records of the hours its employees spend performing these inspections, reviews and tasks, the rate of pay of each such employee and the share of any costs for equipment for the agency which is attributable to the establishment.

      2.  Each agency of a local government shall provide records maintained pursuant to subsection 1 to the medical marijuana establishment not less than 30 days after the agency performs an inspection, review or other related task.

      3.  Except as otherwise provided in subsection 5:

      (a) A medical marijuana establishment shall pay a fee to an agency of a local government which provides records of its costs to the establishment pursuant to subsection 2 in an amount equal to the actual costs of the agency to perform the inspection, review or other related task.

      (b) If a medical marijuana establishment fails to pay the fee imposed by this subsection within 30 days after receipt of the records provided pursuant to subsection 2, the agency may charge a penalty of $500 and assess interest on the fee at a rate of 7 percent per year commencing 30 days after receipt of the records.

      4.  Any revenue generated from a fee imposed pursuant to subsection 3:

      (a) Must be expended only to pay the costs of the agency of a local government to perform an inspection, review or other task related to ensuring the medical marijuana establishment is in compliance with all applicable local governmental ordinances or rules; and

      (b) Must not supplant any other support provided to the agency of a local government by the local government.

      5.  A medical marijuana establishment may appeal a fee imposed pursuant to subsection 3 to the appropriate local government by submitting a written request to the local government not more than 30 days after the imposition of the fee which includes documentation sufficient to show that the amount of the fee is unsubstantiated or erroneous. The obligation of the medical marijuana establishment to pay the fee is suspended until such an appeal is dismissed or the amount of the fee is redetermined pursuant to subsection 7.

 


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      6.  A local government which receives a written request pursuant to subsection 5 shall administratively dismiss the request if it is not accompanied by documentation sufficient to show that the amount of the fee is unsubstantiated or erroneous.

      7.  A local government shall hold a hearing to determine the appropriate amount of a fee imposed pursuant to subsection 3 if the documentation which accompanies a written request submitted pursuant to subsection 5 shows that the amount of the fee was unsubstantiated or erroneous. The local government may revise the amount of the fee only if it determines that the records maintained by the agency of the local government do not support the amount of the fee imposed.

      Sec. 30. NRS 453A.117 is hereby amended to read as follows:

      453A.117  “Medical marijuana establishment agent” means an owner, officer, board member, employee or volunteer of a medical marijuana establishment [.] , an independent contractor who provides labor relating to the cultivation or processing of marijuana or the production of usable marijuana, edible marijuana products or marijuana-infused products for a medical marijuana establishment or an employee of such an independent contractor.

      Sec. 31. NRS 453A.332 is hereby amended to read as follows:

      453A.332  1.  Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment as a medical marijuana establishment agent unless the person is registered with the Division pursuant to this section.

      2.  A medical marijuana establishment that wishes to retain as a volunteer or employ a medical marijuana establishment agent shall submit to the Division an application on a form prescribed by the Division. The application must be accompanied by:

      (a) The name, address and date of birth of the prospective medical marijuana establishment agent;

      (b) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

      (c) A statement signed by the prospective medical marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card revoked;

      (d) A complete set of the fingerprints and written permission of the prospective medical marijuana establishment agent authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (e) The application fee, as set forth in NRS 453A.344; and

      (f) Such other information as the Division may require by regulation.

      3.  A medical marijuana establishment that wishes to contract with an independent contractor to provide labor as a medical marijuana establishment agent shall submit to the Division an application on a form prescribed by the Division for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a medical marijuana establishment agent. The application must be accompanied by:

 


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      (a) The name, address and, if the prospective medical marijuana establishment agent has a state business license, the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;

      (b) The name, address and date of birth of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent;

      (c) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

      (d) A statement signed by the prospective medical marijuana establishment agent asserting that it has not previously had a medical marijuana establishment agent registration card revoked and that none of its employees who will provide labor as a medical marijuana establishment agent have previously had a medical marijuana establishment agent registration card revoked;

      (e) A complete set of the fingerprints of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent and written permission of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (f) The application fee, as set forth in NRS 453A.344; and

      (g) Such other information as the Division may require by regulation.

      4.  A medical marijuana establishment shall notify the Division within 10 days after a medical marijuana establishment agent ceases to be employed by , [or] volunteer at or provide labor as a medical marijuana establishment agent to the medical marijuana establishment.

      [4.]5.  A person who:

      (a) Has been convicted of an excluded felony offense; or

      (b) Is less than 21 years of age,

Ê shall not serve as a medical marijuana establishment agent.

      [5.]6.  The Division shall submit the fingerprints of an applicant for registration as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      [6.]7.  The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the Division at the time the establishment was registered with the Division.

      [7.]8.  If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Division shall issue to the person and, for an independent contractor, to each person identified in the independent contractor’s application for registration as an employee who will provide labor as a medical marijuana establishment agent, a medical marijuana establishment agent registration card.

 


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ê2015 Statutes of Nevada, Page 2267 (Chapter 401, AB 70)ê

 

establishment agent registration card. If the Division does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Division acts upon the application. A medical marijuana establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:

      (a) Resubmission of the information set forth in this section; and

      (b) Payment of the renewal fee set forth in NRS 453A.344.

      Sec. 32. NRS 453A.340 is hereby amended to read as follows:

      453A.340  The following acts constitute grounds for immediate revocation of a medical marijuana establishment registration certificate:

      1.  Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment, a patient who holds a valid registry identification card or the designated primary caregiver of such a patient.

      2.  Acquiring usable marijuana or mature marijuana plants from any person other than a medical marijuana establishment agent, another medical marijuana establishment, a patient who holds a valid registry identification card or the designated primary caregiver of such a patient.

      3.  Violating a regulation of the Division, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment registration certificate.

      4.  Failure to pay a fee imposed pursuant to section 29 of this act.

      Sec. 33. NRS 453A.344 is hereby amended to read as follows:

      453A.344  1.  Except as otherwise provided in subsection 2, the Division shall collect not more than the following maximum fees:

For the initial issuance of a medical marijuana establishment registration certificate for a medical marijuana dispensary................................................................................... $30,000

For the renewal of a medical marijuana establishment registration certificate for a medical marijuana dispensary........................................................................................................... 5,000

For the initial issuance of a medical marijuana establishment registration certificate for a cultivation facility   3,000

For the renewal of a medical marijuana establishment registration certificate for a cultivation facility   1,000

For the initial issuance of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.... 3,000

For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products................ 1,000

For each person identified in an application for the initial issuance of a medical marijuana establishment agent registration card.................................................................................... 75

For each person identified in an application for the renewal of a medical marijuana establishment agent registration card......................................................................................................... 75

 


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ê2015 Statutes of Nevada, Page 2268 (Chapter 401, AB 70)ê

 

For the initial issuance of a medical marijuana establishment registration certificate for an independent testing laboratory...................................................................................... $5,000

For the renewal of a medical marijuana establishment registration certificate for an independent testing laboratory............................................................................................................ 3,000

 

      2.  In addition to the fees described in subsection 1, each applicant for a medical marijuana establishment registration certificate must pay to the Division:

      (a) A one-time, nonrefundable application fee of $5,000; and

      (b) The actual costs incurred by the Division in processing the application, including, without limitation, conducting background checks.

      3.  Any revenue generated from the fees imposed pursuant to this section:

      (a) Must be expended first to pay the costs of the Division in carrying out the provisions of NRS 453A.320 to 453A.370, inclusive; and

      (b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund.

      Sec. 34. NRS 453A.370 is hereby amended to read as follows:

      453A.370  The Division shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 453A.320 to 453A.370, inclusive. Such regulations are in addition to any requirements set forth in statute and must, without limitation:

      1.  Prescribe the form and any additional required content of registration and renewal applications submitted pursuant to NRS 453A.322 and 453A.332.

      2.  Set forth rules pertaining to the safe and healthful operation of medical marijuana establishments, including, without limitation:

      (a) The manner of protecting against diversion and theft without imposing an undue burden on medical marijuana establishments or compromising the confidentiality of the holders of registry identification cards.

      (b) Minimum requirements for the oversight of medical marijuana establishments.

      (c) Minimum requirements for the keeping of records by medical marijuana establishments.

      (d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.

      (e) Procedures pursuant to which medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that any marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries to end users are tested for content, quality and potency in accordance with standards established by the Division.

 

 

 

 


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      (f) Procedures pursuant to which a medical marijuana dispensary will be notified by the Division if a patient who holds a valid registry identification card has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.

      3.  Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 453A.344 may be reduced over time:

      (a) To ensure that the fees imposed pursuant to NRS 453A.344 are, insofar as may be practicable, revenue neutral; and

      (b) To reflect gifts and grants received by the Division pursuant to NRS 453A.720.

      4.  Set forth the amount of usable marijuana that a medical marijuana dispensary may dispense to a person who holds a valid registry identification card, or the designated primary caregiver of such a person, in any one 14-day period. Such an amount must not exceed the limits set forth in NRS 453A.200.

      5.  As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter.

      6.  In cooperation with the Board of Medical Examiners and the State Board of Osteopathic Medicine, establish a system to:

      (a) Register and track attending physicians who advise their patients that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition;

      (b) Insofar as is possible, track and quantify the number of times an attending physician described in paragraph (a) makes such an advisement; and

      (c) Provide for the progressive discipline of attending physicians who advise the medical use of marijuana at a rate at which the Division and Board determine and agree to be unreasonably high.

      7.  Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may be employed or volunteer [.] or provide labor as a medical marijuana establishment agent.

      8.  Provide for the maintenance of a log by the Division of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200. The Division shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.

      9.  Address such other matters as may assist in implementing the program of dispensation contemplated by NRS 453A.320 to 453A.370, inclusive.

      Sec. 35.  This act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 2270ê

 

CHAPTER 402, AB 85

Assembly Bill No. 85–Committee on Commerce and Labor

 

CHAPTER 402

 

[Approved: June 8, 2015]

 

AN ACT relating to professions; transferring certain duties of the Secretary-Treasurer of the Board of Examiners for Alcohol, Drug and Gambling Counselors to the Executive Director of the Board; authorizing the Executive Director to delegate his or her duties; revising provisions governing alcohol, drug and gambling counselors and interns; repealing the prospective transfer of the authority and duties relating to the certification of detoxification technicians to the Board; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Board of Examiners for Alcohol, Drug and Gambling Counselors and authorizes the Board to license or certify persons engaged in the practice or clinical practice of counseling alcohol and drug abusers and problem gamblers. (Chapter 641C of NRS)

      Section 2 of this bill transfers certain duties of the Secretary-Treasurer of the Board to the Executive Director of the Board. Section 2 also authorizes the Executive Director to delegate certain duties to a designee.

      Sections 3-10 of this bill make various changes regarding the requirements for obtaining and renewing a license or certificate as an alcohol, drug or gambling counselor or intern. Sections 8, 10 and 12 of this bill reduce the duration of certificates for certain counseling interns from 1 year to 6 months.

      Section 13 of this bill authorizes the Board, when determining whether to issue, renew, restore, suspend, revoke or reinstate a license or certificate or imposing disciplinary action upon an existing licensee or certificate holder, to consider any original criminal charges filed against the applicant, licensee or certificate holder, even if that person was convicted of a lesser crime.

      Section 14 of this bill eliminates the 30-day grace period authorizing an otherwise qualified person to engage in the practice of counseling alcohol and drug abusers or problem gamblers without a license or certificate while his or her application is being reviewed. Section 15 of this bill prohibits a person who is not licensed or certified by the Board from engaging in the practice or clinical practice of counseling alcohol and drug abusers and problem gamblers.

      Section 24 of this bill repeals the authority of the Board to provide for the certification of detoxification technicians. (NRS 641C.500) Sections 16-20 of this bill make conforming changes to account for the repeal of NRS 641C.500 regarding the certification of detoxification technicians by the Board. The effect of sections 16-20 and 24 is to leave the authority to certify detoxification technicians with the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to chapter 458 of NRS.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1, 1.1, 1.2, 1.3, 1.4, 1.45, 1.5, 1.6, 1.7, 1.8 and 1.9. (Deleted by amendment.)

 


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      Sec. 1.95. NRS 641C.200 is hereby amended to read as follows:

      641C.200  1.  The Board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:

      (a) The ethical standards for licensed and certified counselors and certified interns; and

      (b) The requirements for continuing education for the renewal, restoration or reinstatement of a license or certificate.

      2.  The Board may adopt regulations that prescribe:

      (a) The contents of a written and oral examination concerning the practice of counseling problem gamblers;

      (b) The grounds for initiating disciplinary action against a certified problem gambling counselor or certified problem gambling counselor intern; and

      (c) Disciplinary procedures for certified problem gambling counselors and certified problem gambling counselor interns, including the suspension, revocation and reinstatement of a certificate as a problem gambling counselor or problem gambling counselor intern.

      3.  Any regulations adopted by the Board pursuant to this section must be consistent with the provisions of chapter 622A of NRS.

      Sec. 2. NRS 641C.210 is hereby amended to read as follows:

      641C.210  The [Secretary-Treasurer] Executive Director of the Board or his or her designee shall prepare and maintain:

      1.  A separate list of the names and addresses of:

      (a) The applicants for a license;

      (b) The applicants for a certificate;

      (c) The licensed counselors;

      (d) The certified counselors; and

      (e) The certified interns.

      2.  A record of each examination conducted by the Board.

      3.  An inventory of:

      (a) The property of the Board; and

      (b) The property of this State that is in the possession of the Board.

      Sec. 3. NRS 641C.290 is hereby amended to read as follows:

      641C.290  1.  Each applicant for a license as a clinical alcohol and drug abuse counselor must pass a written and oral examination concerning his or her knowledge of the clinical practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      2.  Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      3.  Each applicant for a certificate as a problem gambling counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling problem gamblers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      4.  The Board shall:

      (a) Examine applicants at least two times each year.

      (b) Establish the time and place for the examinations.

 


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ê2015 Statutes of Nevada, Page 2272 (Chapter 402, AB 85)ê

 

      (c) Provide such books and forms as may be necessary to conduct the examinations.

      (d) Except as otherwise provided in NRS 622.090, establish, by regulation, the requirements for passing the examination.

      5.  The Board may employ other persons to conduct the examinations.

      Sec. 4. NRS 641C.300 is hereby amended to read as follows:

      641C.300  The Board [shall] may issue a license or certificate without examination to a person who holds a license or certificate as a clinical alcohol and drug abuse counselor or an alcohol and drug abuse counselor in another state, a territory or possession of the United States or the District of Columbia if the requirements of that jurisdiction at the time the license or certificate was issued are deemed by the Board to be substantially equivalent to the requirements set forth in the provisions of this chapter.

      Sec. 5. NRS 641C.310 is hereby amended to read as follows:

      641C.310  1.  The Board may hold hearings and conduct investigations concerning any matter related to an application for a license or certificate. In the hearings and investigations, the Board may require the presentation of evidence.

      2.  The Board may refuse to issue a license or certificate to , or renew the license or certificate of, an applicant if the Board determines that the applicant:

      (a) Is not of good moral character as it relates to the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      (b) Has submitted a false credential to the Board;

      (c) Has been disciplined in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      (d) Has committed an act in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers that would be a violation of the provisions of this chapter if the act were committed in this State; or

      (e) Has failed to comply with any of the requirements for a license or certificate.

      Sec. 6. NRS 641C.320 is hereby amended to read as follows:

      641C.320  1.  The Board may issue:

      (a) A provisional license as a clinical alcohol and drug abuse counselor to a person who has applied to the Board to take the examination for a license as a clinical alcohol and drug abuse counselor and is otherwise eligible for that license pursuant to NRS 641C.330; or

      (b) A provisional license or certificate as an alcohol and drug abuse counselor to a person who has applied to the Board to take the examination for a license or certificate as an alcohol and drug abuse counselor and is otherwise eligible for that license or certificate pursuant to NRS 641C.350 or 641C.390.

      2.  A provisional license or certificate is valid for not more than [1 year] 6 months and may not be renewed.

      Sec. 7. NRS 641C.331 is hereby amended to read as follows:

      641C.331  1.  A license as a clinical alcohol and drug abuse counselor is valid for [1 year] 2 years and may be renewed.

 


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      2.  A licensed clinical alcohol and drug abuse counselor may:

      (a) Engage in the clinical practice of counseling alcohol and drug abusers;

      (b) Diagnose or classify a person as an alcoholic or abuser of drugs; and

      (c) Supervise certified clinical alcohol and drug abuse counselor interns and alcohol and drug abuse counselor interns.

      Sec. 8. NRS 641C.340 is hereby amended to read as follows:

      641C.340  1.  The Board shall issue a certificate as a clinical alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Pays the fees required pursuant to NRS 641C.470;

      (d) Submits proof to the Board that the person has received a master’s degree or doctoral degree in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders; and

      (e) Submits all the information required to complete an application for a certificate.

      2.  A certificate as a clinical alcohol and drug abuse counselor intern is valid for [1 year] 6 months and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified clinical alcohol and drug abuse counselor intern may, under the supervision of a licensed clinical alcohol and drug abuse counselor:

      (a) Engage in the clinical practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 9. NRS 641C.350 is hereby amended to read as follows:

      641C.350  The Board shall issue a license as an alcohol and drug abuse counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits all information required to complete an application for a license.

      2.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is:

             (1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;

 


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             (2) Licensed as a clinical professional counselor pursuant to chapter 641A of NRS;

             (3) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS;

             (4) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university; or

             (5) Licensed as a clinical alcohol and drug abuse counselor pursuant to this chapter;

      (d) Has completed [at least 6 months] 1,000 hours of supervised counseling of alcohol and drug abusers approved by the Board;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits all information required to complete an application for a license.

      Sec. 10. NRS 641C.420 is hereby amended to read as follows:

      641C.420  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) [Has:

             (1) A high school diploma; or

             (2) A general equivalency diploma or an equivalent document;

      (d)] Pays the fees required pursuant to NRS 641C.470;

      [(e)](d) Submits proof to the Board that the person:

             (1) Is enrolled in a program [from] in which he or she [will receive an associate’s degree,] has completed at least 60 hours of credit toward the completion of a bachelor’s degree [,] in a field of social science approved by the Board;

             (2) Is enrolled in a program from which he or she will receive a master’s degree or doctoral degree in a field of social science approved by the Board; or

             [(2)](3) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree that included at least 18 hours of credit specifically related to the practice of counseling alcohol and drug abusers in a field of social science approved by the Board; [and]

      (e) Has completed not less than 30 hours of training specific to alcohol and drug abuse which must:

             (1) Include at least 6 hours of instructions relating to confidentiality and 6 hours of instruction relating to ethics; and

             (2) Be approved by the Board; and

      (f) Submits all information required to complete an application for a certificate.

      2.  A certificate as an alcohol and drug abuse counselor intern is valid for [1 year] 6 months and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified alcohol and drug abuse counselor intern may, under the supervision of a licensed alcohol and drug abuse counselor or licensed clinical alcohol and drug abuse counselor:

 


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      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 11. NRS 641C.430 is hereby amended to read as follows:

      641C.430  The Board may issue a certificate as a problem gambling counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written and oral examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Presents himself or herself when scheduled for an interview at a meeting of the Board;

      (h) Pays the fees required pursuant to NRS 641C.470; and

      (i) Submits all information required to complete an application for a certificate.

      2.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is licensed as:

             (1) A clinical social worker pursuant to chapter 641B of NRS;

             (2) A clinical professional counselor pursuant to chapter 641A of NRS;

             (3) A marriage and family therapist pursuant to chapter 641A of NRS;

             (4) A physician pursuant to chapter 630 of NRS;

             (5) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

             (6) A psychologist pursuant to chapter 641 of NRS;

             (7) An alcohol and drug abuse counselor pursuant to this chapter; or

             (8) A clinical alcohol and drug abuse counselor pursuant to this chapter;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written and oral examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Pays the fees required pursuant to NRS 641C.470; and

      (h) Submits all information required to complete an application for a certificate.

      Sec. 12. NRS 641C.440 is hereby amended to read as follows:

      641C.440  1.  The Board may issue a certificate as a problem gambling counselor intern to a person who:

 


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ê2015 Statutes of Nevada, Page 2276 (Chapter 402, AB 85)ê

 

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Submits proof to the Board that the person:

             (1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or

             (2) Is enrolled in a program at an accredited college or university from which he or she will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;

      (d) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;

      (e) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him or her in a setting approved by the Board;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits all information required to complete an application for a certificate.

      2.  A certificate as a problem gambling counselor intern is valid for [1 year] 6 months and, except as otherwise provided in subsection 3, may be renewed.

      3.  A certificate as a problem gambling counselor intern issued to a person on the basis that the person is enrolled in a program at an accredited college or university from which he or she will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.

      4.  A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:

      (a) Engage in the practice of counseling problem gamblers; and

      (b) Assess and evaluate a person as a problem gambler.

      Secs. 12.3 and 12.7. (Deleted by amendment.)

      Sec. 13. NRS 641C.530 is hereby amended to read as follows:

      641C.530  1.  The Board may use any information included in a report of criminal history that is obtained pursuant to this section or NRS 641C.260 in determining whether:

      (a) To issue, renew, restore, suspend, revoke or reinstate a license or certificate pursuant to this chapter; or

      (b) Any ground for imposing any disciplinary action exists pursuant to NRS 641C.700.

      2.  Before renewing, restoring or reinstating the license or certificate of a licensed counselor, certified counselor or certified intern, the Board may, by regulation, require the licensed counselor, certified counselor or certified intern to submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  [A regulation adopted pursuant to subsection 2 must set forth the circumstances under which the Board will require a detoxification technician to submit fingerprints and written authorization specified in that subsection before renewing, restoring or reinstating a certificate.] Except as otherwise provided in this subsection, in reviewing the information included in a report of criminal history that is obtained pursuant to this section or NRS 641C.260, the Board may consider any original charge filed against an applicant, licensed counselor, certified counselor or certified intern that alleges a particular criminal act regardless of whether the person was convicted of, or entered a plea of guilty or nolo contendere to, a lesser charge.

 


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NRS 641C.260, the Board may consider any original charge filed against an applicant, licensed counselor, certified counselor or certified intern that alleges a particular criminal act regardless of whether the person was convicted of, or entered a plea of guilty or nolo contendere to, a lesser charge. The Board shall not consider a charge filed against an applicant, licensed counselor, certified counselor or certified intern that alleges a particular criminal act for which, in the absence of a plea of guilty or nolo contendere to a lesser charge:

      (a) The applicant, licensed counselor, certified counselor or certified intern was found not guilty; or

      (b) The charges against the applicant, licensed counselor, certified counselor or certified intern were dismissed.

      Secs. 13.3 and 13.7. (Deleted by amendment.)

      Sec. 14. NRS 641C.900 is hereby amended to read as follows:

      641C.900  [1.  Except as otherwise provided in subsection 2, a] A person shall not engage in the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers unless the person is a licensed counselor, certified counselor or certified intern.

      [2.  A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor, the clinical practice of counseling alcohol and drug abusers under the supervision of a clinical alcohol and drug abuse counselor or the practice of counseling problem gamblers under the supervision of a certified counselor for not more than 30 days if that person:

      (a) Is qualified to be licensed or certified pursuant to the provisions of this chapter; and

      (b) Submits an application to the Board for a license or certificate pursuant to the provisions of this chapter.]

      Sec. 15. NRS 641C.910 is hereby amended to read as follows:

      641C.910  1.  A person shall not:

      (a) Hold himself or herself out to a member of the general public as a clinical alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern;

      (b) Use the title “clinical alcohol and drug abuse counselor,” “clinical alcohol and drug abuse counselor intern,” “alcohol and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse counselor,” “problem gambling counselor,” “problem gambling counselor intern,” “gambling [counselor,” “detoxification technician”] counselor” or any similar title in connection with his or her work; [or]

      (c) Imply in any way that he or she is licensed or certified by the Board [,] ;

      (d) Engage in the practice of counseling alcohol and drug abusers;

      (e) Engage in the clinical practice of counseling alcohol and drug abusers; or

      (f) Engage in the practice of counseling problem gamblers,

Ê unless the person is licensed or certified by the Board pursuant to the provisions of this chapter . [or a regulation adopted pursuant to NRS 641C.500.]

 


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ê2015 Statutes of Nevada, Page 2278 (Chapter 402, AB 85)ê

 

      2.  If the Board believes that any person has violated or is about to violate any provision of this chapter or a regulation adopted pursuant thereto, it may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation. An injunction:

      (a) May be issued without proof of actual damage sustained by any person.

      (b) Does not prevent the criminal prosecution and punishment of a person who violates a provision of this chapter or a regulation adopted pursuant thereto.

      Secs. 15.3 and 15.7. (Deleted by amendment.)

      Sec. 16. Sections 14, 15 and 16 of chapter 207, Statutes of Nevada 2003, at pages 1168 and 1169, are hereby amended to read as follows:

       Secs. 14-16.  (Deleted by amendment.)

      Sec. 17. Section 191 of chapter 1, Statutes of Nevada 2005, 22nd Special Session, at page 57, is hereby amended to read as follows:

       Sec. 191.(Deleted by amendment.)

      Sec. 18. Section 193 of chapter 1, Statutes of Nevada 2005, 22nd Special Session, at page 58, is hereby amended to read as follows:

       Sec. 193.(Deleted by amendment.)

      Sec. 19. Section 220 of chapter 1, Statutes of Nevada 2005, 22nd Special Session, at page 67, is hereby amended to read as follows:

       Sec. 220.  1.  This section and section 211 of this act become effective upon passage and approval.

       2.  Sections 1 to 185.7, inclusive, 186 to 188.5, inclusive, and 208 to 219, inclusive, of this act become effective on October 1, 2005.

       3.  Sections 185.9, 189, 190, 192 and 194 to 207, inclusive, of this act, become effective on July 1, 2007.

       [4.  Sections 190, 192, 194 and 195 of this act expire by limitation on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.

       5.  Sections 191 and 193 of this act become effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]

      Sec. 20. Section 69 of chapter 462, Statutes of Nevada 2013, at page 2746, is hereby amended to read as follows:

       Sec. 69.  1.  This section and sections 1, 2, 3, 5, 6, 7, 8 to 9.3, inclusive, 16.5 and 68 of this act become effective on July 1, 2013.

       2.  Sections 4, 7.1 to 7.9, inclusive, 13 to 16, inclusive, and 17 to 67, inclusive, of this act become effective:

       (a) On July 1, 2013, for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

       (b) On January 1, 2014, for all other purposes.

       [3.  Section 29 of this act expires by limitation on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for certification as a detoxification technician pursuant to NRS 641C.500 becomes effective.]

 


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ê2015 Statutes of Nevada, Page 2279 (Chapter 402, AB 85)ê

 

Gambling Counselors for certification as a detoxification technician pursuant to NRS 641C.500 becomes effective.]

      Sec. 21.  1.  Any contracts or other agreements entered into by an officer or entity whose name has been changed pursuant to the provisions of this act are binding upon the officer or entity to which the responsibility for the administration of the provision of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

      2.  Any action taken by an officer or entity whose name has been changed pursuant to the provisions of this act remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 22.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name which the agency or officer previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name which the agency or officer previously used.

      Sec. 23.  The amendatory provisions of sections 6, 7, 8 and 12 of this act, and the provisions of subsection 2 of NRS 641C.420 as amended by section 10 of this act, do not apply to the length of time a license or certificate is valid if the license or certificate is issued pursuant to the provisions of chapter 641C of NRS before July 1, 2015.

      Sec. 24. NRS 641C.500 is hereby repealed.

      Sec. 25.  This act becomes effective on July 1, 2015.

________

CHAPTER 403, AB 93

Assembly Bill No. 93–Assemblymen Benitez-Thompson, Thompson; Elliot Anderson, Araujo, Bustamante Adams, Joiner, Kirkpatrick and Spiegel

 

CHAPTER 403

 

[Approved: June 8, 2015]

 

AN ACT relating to public health; requiring or encouraging certain licensed or certified professionals to receive suicide prevention and awareness training in order to renew a license or certificate; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires psychiatrists, physicians, advanced practice registered nurses, psychologists, clinical professional counselors, marriage and family therapists, social workers, alcohol and drug abuse counselors, problem gambling counselors and other persons licensed or certified to practice in various related fields to complete certain continuing education as a condition to the renewal of their licenses or certificates. (NRS 630.253, 632.343, 633.471, 641.220, 641A.260, 641B.280, 641C.450, 641C.500) Sections 1, 2, 3, 4, 5, 5.3 and 5.7 of this bill require certain of those professionals to receive instruction on suicide prevention and awareness as a condition to the renewal of their licenses or certificates beginning on July 1, 2016.

 


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ê2015 Statutes of Nevada, Page 2280 (Chapter 403, AB 93)ê

 

641B.280, 641C.450, 641C.500) Sections 1, 2, 3, 4, 5, 5.3 and 5.7 of this bill require certain of those professionals to receive instruction on suicide prevention and awareness as a condition to the renewal of their licenses or certificates beginning on July 1, 2016. Those requirements, however, are temporary and are eliminated or expire by limitation on June 30, 2026.

      Sections 1, 1.5 and 2 of this bill require the professional licensing boards for certain physicians and advanced practice registered nurses to encourage their licensees to receive certain training concerning suicide prevention, detection and intervention as part of their continuing education.

      Sections 1 and 2 revise provisions concerning compliance with continuing education by physicians to require that they submit evidence of such compliance.

      Sections 1, 1.5, 2, 3, 4, 5, 5.3 and 5.7 require certain professional licensing boards to establish their continuing education requirements by regulation.

 

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 630.253 is hereby amended to read as follows:

      630.253  1.  The Board shall, as a prerequisite for the:

      (a) Renewal of a license as a physician assistant; or

      (b) Biennial registration of the holder of a license to practice medicine,

Ê require each holder to [comply] submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.

      2.  These requirements:

      (a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

      (b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

             (1) An overview of acts of terrorism and weapons of mass destruction;

             (2) Personal protective equipment required for acts of terrorism;

             (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

             (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

             (5) An overview of the information available on, and the use of, the Health Alert Network.

      (c) Must provide for the completion by a holder of a license to practice medicine who is a psychiatrist of a course of instruction that provides at least 2 hours of instruction on clinically-based suicide prevention and awareness.

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

 


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ê2015 Statutes of Nevada, Page 2281 (Chapter 403, AB 93)ê

 

      3.  The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

      4.  The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      5.  The Board shall encourage each holder of a license to practice medicine, other than a psychiatrist, to receive as a portion of his or her continuing education training concerning suicide, including, without limitation, such topics as:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

      6.  A holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in the detection of suicidal thoughts and ideations, and the intervention and prevention of suicide, pain management or addiction care for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      [6.]7.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 1.3.  NRS 630.253 is hereby amended to read as follows:

      630.253  1.  The Board shall, as a prerequisite for the:

      (a) Renewal of a license as a physician assistant; or

      (b) Biennial registration of the holder of a license to practice medicine,

Ê require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.

      2.  These requirements:

      (a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

 


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ê2015 Statutes of Nevada, Page 2282 (Chapter 403, AB 93)ê

 

      (b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

             (1) An overview of acts of terrorism and weapons of mass destruction;

             (2) Personal protective equipment required for acts of terrorism;

             (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

             (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

             (5) An overview of the information available on, and the use of, the Health Alert Network.

      [(c) Must provide for the completion by a holder of a license to practice medicine who is a psychiatrist of a course of instruction that provides at least 2 hours of instruction on clinically-based suicide prevention and awareness.]

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

      3.  The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

      4.  The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      5.  The Board shall encourage each holder of a license to practice medicine [, other than a psychiatrist,] to receive as a portion of his or her continuing education training concerning suicide, including, without limitation, such topics as:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

 


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ê2015 Statutes of Nevada, Page 2283 (Chapter 403, AB 93)ê

 

      6.  A holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in the detection of suicidal thoughts and ideations, and the intervention and prevention of suicide, pain management or addiction care for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      7.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445. 

      Sec. 1.5. NRS 632.343 is hereby amended to read as follows:

      632.343  1.  The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board [.] in accordance with regulations adopted by the Board. The licensee is exempt from this provision for the first biennial period after graduation from:

      (a) An accredited school of professional nursing;

      (b) An accredited school of practical nursing;

      (c) An approved school of professional nursing in the process of obtaining accreditation; or

      (d) An approved school of practical nursing in the process of obtaining accreditation.

      2.  The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

      3.  The program of continuing education required by subsection 1 must include a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

      (a) An overview of acts of terrorism and weapons of mass destruction;

      (b) Personal protective equipment required for acts of terrorism;

      (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

      (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

      (e) An overview of the information available on, and the use of, the Health Alert Network.

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

 


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      4.  The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

      5.  The Board shall encourage each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction on clinically-based suicide prevention and awareness.

      6.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 2. NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as otherwise provided in subsection [6] 8 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) Paying the annual license renewal fee specified in this chapter;

      (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

      (d) Submitting [an affidavit] evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

      (e) Submitting all information required to complete the renewal.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

 


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courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

      4.  The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      5.  The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of [at] :

      (a) At least 2 hours of continuing education credits in ethics, pain management or addiction care [.] ; and

      (b) If the holder of a license to practice osteopathic medicine is a psychiatrist, at least 2 hours of continuing education credits on clinically-based suicide prevention and awareness.

      6.  The Board shall encourage each holder of a license to practice osteopathic medicine, other than a psychiatrist, to receive as a portion of his or her continuing education training concerning suicide, including, without limitation, such topics as:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

      7.  A holder of a license to practice osteopathic medicine may substitute not more than 2 hours of continuing education credits in the detection of suicidal thoughts and ideations, and the intervention and prevention of suicide for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      8.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 2.5. NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as otherwise provided in subsection 8 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) Paying the annual license renewal fee specified in this chapter;

      (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

      (d) Submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

 


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      (e) Submitting all information required to complete the renewal.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

      4.  The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      5.  The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of [:

      (a) At] at least 2 hours of continuing education credits in ethics, pain management or addiction care . [; and

      (b) If the holder of a license to practice osteopathic medicine is a psychiatrist, at least 2 hours of continuing education credits on clinically-based suicide prevention and awareness.]

      6.  The Board shall encourage each holder of a license to practice osteopathic medicine [, other than a psychiatrist,] to receive as a portion of his or her continuing education training concerning suicide, including, without limitation, such topics as:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

      7.  A holder of a license to practice osteopathic medicine may substitute not more than 2 hours of continuing education credits in the detection of suicidal thoughts and ideations, and the intervention and prevention of suicide for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      8.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 3. NRS 641.220 is hereby amended to read as follows:

      641.220  1.  To renew a license or certificate issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

      (b) Pay the biennial fee for the renewal of a license or certificate;

 


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      (c) Submit evidence to the Board of completion of the requirements for continuing education [;] as set forth in regulations adopted by the Board; and

      (d) Submit all information required to complete the renewal.

      2.  Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

      3.  The Board shall, as a prerequisite for the renewal of a license or certificate, require each holder to comply with the requirements for continuing education adopted by the Board [.] , which must include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

      Sec. 3.5. NRS 641.220 is hereby amended to read as follows:

      641.220  1.  To renew a license or certificate issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

      (b) Pay the biennial fee for the renewal of a license or certificate;

      (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and

      (d) Submit all information required to complete the renewal.

      2.  Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

      3.  The Board shall, as a prerequisite for the renewal of a license or certificate, require each holder to comply with the requirements for continuing education adopted by the Board . [, which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.]

      Sec. 4. NRS 641A.260 is hereby amended to read as follows:

      641A.260  1.  To renew a license issued pursuant to this chapter, each person must, on or before the date of expiration of the current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for renewal set by the Board;

      (c) Submit evidence to the Board of completion of the requirements for continuing education [;] as set forth in regulations adopted by the Board; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board [.] , which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

      Sec. 4.5. NRS 641A.260 is hereby amended to read as follows:

      641A.260  1.  To renew a license issued pursuant to this chapter, each person must, on or before the date of expiration of the current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for renewal set by the Board;

      (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board . [, which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.]

 


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requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.]

      Sec. 5. NRS 641B.280 is hereby amended to read as follows:

      641B.280  1.  Every holder of a license issued pursuant to this chapter may renew his or her license annually by:

      (a) Applying to the Board for renewal;

      (b) Paying the annual renewal fee set by the Board;

      (c) Submitting evidence to the Board of completion of the required continuing education [;] as set forth in regulations adopted by the Board; and

      (d) Submitting all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board [.] , which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

      Sec. 5.1. NRS 641B.280 is hereby amended to read as follows:

      641B.280  1.  Every holder of a license issued pursuant to this chapter may renew his or her license annually by:

      (a) Applying to the Board for renewal;

      (b) Paying the annual renewal fee set by the Board;

      (c) Submitting evidence to the Board of completion of the required continuing education as set forth in regulations adopted by the Board; and

      (d) Submitting all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board . [, which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.]

      Sec. 5.3. NRS 641C.450 is hereby amended to read as follows:

      641C.450  Except as otherwise provided in NRS 641C.320, 641C.440 and 641C.530, a person may renew his or her license or certificate by submitting to the Board:

      1.  An application for the renewal of the license or certificate;

      2.  The fee for the renewal of a license or certificate prescribed in NRS 641C.470;

      3.  Evidence of completion of the continuing education required by the Board [;] , which must include, without limitation, a requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness for each year of the term of the applicant’s licensure or certification;

      4.  If the applicant is a certified intern, the name of the licensed or certified counselor who supervises the applicant; and

      5.  All information required to complete the renewal.

      Sec. 5.7. NRS 641C.500 is hereby amended to read as follows:

      641C.500  1.  The Board may, by regulation, provide for the certification of a person as a detoxification technician.

      2.  Any regulation adopted pursuant to subsection 1 must be consistent with the provisions of chapter 622A of NRS and must include, without limitation, provisions relating to:

 

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