[Rev. 10/12/2015 2:09:59 PM]

Link to Page 2386

 

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CHAPTER 412, AB 351

Assembly Bill No. 351–Assemblymen Dickman, Moore, Dooling; Edwards, Ellison, Gardner, Hansen, Jones, Kirner, Munford, Oscarson, Shelton, Titus and Wheeler

 

Joint Sponsors: Senators Hardy; and Settelmeyer

 

CHAPTER 412

 

[Approved: June 8, 2015]

 

AN ACT relating to charter schools; revising the requirements for a project that is financed through bonds to benefit a charter school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Department of Business and Industry to issue bonds and other obligations to finance the acquisition, construction, improvement, restoration or rehabilitation of property, buildings and facilities for charter schools if certain criteria are met. Existing law requires a charter school for whose benefit a project is being financed to have received, within the immediately preceding 3 consecutive school years, one of the two highest ratings of performance pursuant to the statewide system of accountability for public schools. (NRS 386.630, 386.632, 386.634) Section 1.8 of this bill instead requires a charter school for whose benefit a project is being financed to have received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools. Sections 1-1.4 and 2.2-2.8 of this bill clarify that the Director of the Department of Business and Industry has the authority to administer the Charter School Financing Law. (NRS 386.612-386.649)

      Under existing law, the State pledges not to repeal, amend or modify the Charter School Financing Law in a way that impairs any outstanding bonds until all the bonds have been discharged in full or provisions for their payment and redemption have been fully made. (NRS 386.646) Section 3.3 of this bill clarifies that such a pledge must not be construed to bind the State or the Legislature to continue to apportion funds to charter schools or to maintain such apportionments at any existing levels.

 

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 386.616 is hereby amended to read as follows:

      386.616  “Director of the Department of Business and Industry” means the Director of the Department of Business and Industry or any person within the Department of Business and Industry designated by the Director of the Department of Business and Industry to perform duties in connection with a project or the issuance of bonds pursuant to NRS 386.612 to 386.649, inclusive.

      Sec. 1.2. NRS 386.619 is hereby amended to read as follows:

      386.619  “Financing agreement” means an agreement by which the Director of the Department of Business and Industry agrees to issue bonds pursuant to NRS 386.612 to 386.649, inclusive, to finance one or more projects and the obligor agrees to:

 


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      1.  Make payments directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the Director of the Department of Business and Industry or his or her designee or assignee, including a trustee, sufficient to pay the principal of, premium, if any, and interest on the bonds;

      2.  Pay other amounts required by NRS 386.612 to 386.649, inclusive; and

      3.  Comply with all the applicable provisions of NRS 386.612 to 386.649, inclusive.

      Sec. 1.4. NRS 386.630 is hereby amended to read as follows:

      386.630  When the Director of the Department of Business and Industry has received requests from one or more charter schools, lessees, purchasers or other obligors, the Director of the Department of Business and Industry may issue revenue bonds to obtain money to fulfill the requests. Title to or in a project may at all times remain in the obligor or the obligor’s designee or assignee and, in that case, the bonds must be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

      Sec. 1.8. NRS 386.632 is hereby amended to read as follows:

      386.632  Except as otherwise provided in NRS 386.639, the Director of the Department of Business and Industry shall not finance a project unless, before financing the project, the Director of the Department of Business and Industry finds and the State Board of Finance approves the findings of the Director of the Department of Business and Industry that:

      1.  The project consists of any land, building or other improvement, and all real and personal properties necessary in connection therewith, which is suitable for new construction, improvement, restoration or rehabilitation of charter school facilities;

      2.  The charter school for whose benefit the project is being financed is not in default under the written charter or charter contract, as applicable, granted by its sponsor, as determined by the sponsor;

      3.  The charter school for whose benefit the project is being financed has received, within the immediately preceding [3] 2 consecutive school years, one of the [two] three highest ratings of performance pursuant to the statewide system of accountability for public schools, or has received equivalent ratings in another state, as determined by the Department of Education;

      4.  There are sufficient safeguards to ensure that all money provided by the Director of the Department of Business and Industry will be expended solely for the purposes of the project;

      5.  There are sufficient safeguards to ensure that the Director of the Department of Business and Industry will have the ability to monitor compliance with the provisions of NRS 386.612 to 386.649, inclusive, on an ongoing basis with respect to the project;

      6.  Through the advice of counsel or other reliable source, the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and

      7.  There has been a request by a charter school, lessee, purchaser or other obligor to have the Director of the Department of Business and Industry issue bonds to finance the project.

      Sec. 2. (Deleted by amendment.)

 


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      Sec. 2.2. NRS 386.633 is hereby amended to read as follows:

      386.633  1.  Except as otherwise provided in NRS 386.639, before financing a project pursuant to NRS 386.632, the Director of the Department of Business and Industry and the State Board of Finance must:

      (a) Determine the total amount of money necessary to be provided by the Director of the Department of Business and Industry for financing the project.

      (b) Except as otherwise provided in this subsection, receive a 5-year operating history from the contemplated charter school, lessee, purchaser or other obligor that will make or guarantee the payment of the principal, premium, if any, and interest on any bond issued. An operating history is not required if the bonds:

             (1) Are to be sold only to qualified institutional buyers, as defined in Rule 144A of the Securities and Exchange Commission, 17 C.F.R. § 230.144A, in minimum denominations of at least $100,000; or

             (2) Will receive a rating within one of the top four rating categories of Moody’s Investors Service, Inc., Standard and Poor’s Rating Services or Fitch IBCA, Inc.

      (c) Consider whether the contemplated charter school, lessee, purchaser or other obligor that will make or guarantee the payment of the principal, premium, if any, and interest on any bonds issued has received within the 12 months immediately preceding the date of the findings of the Director of the Department of Business and Industry, or then has or has not in effect, a rating within one of the top four rating categories of Moody’s Investors Service, Inc., Standard and Poor’s Rating Services or Fitch IBCA, Inc.

      (d) Consider the extent to which the project is affected by any federal, state or local governmental action, activity, program or development.

      (e) Consider the length of time the charter school, lessee, purchaser or other obligor of the project has maintained facilities appropriate to the community in this State.

      2.  The Director of the Department of Business and Industry may adopt regulations to set forth additional factors to be considered by the Director of the Department of Business and Industry and the State Board of Finance before financing a project pursuant to NRS 386.632.

      Sec. 2.4. NRS 386.634 is hereby amended to read as follows:

      386.634  1.  The Director of the Department of Business and Industry may provide financing for a project pursuant to NRS 386.612 to 386.649, inclusive, if:

      (a) The financing is limited in amount and purpose to the payment of the costs associated with:

             (1) The acquisition, construction, improvement, restoration or rehabilitation of the project; and

             (2) The cost of the project;

      (b) The Director of the Department of Business and Industry makes the findings required by NRS 386.632; and

      (c) The Director of the Department of Business and Industry complies with the guidelines established by the Director of the Department of Business and Industry pursuant to subsection 2.

      2.  The Director of the Department of Business and Industry shall establish guidelines for the provision of financing for a project pursuant to NRS 386.612 to 386.649, inclusive.

 


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      Sec. 2.6. NRS 386.637 is hereby amended to read as follows:

      386.637  1.  Any bonds issued pursuant to NRS 386.612 to 386.649, inclusive, must be authorized by an order of the Director of the Department of Business and Industry and must:

      (a) Be in denominations;

      (b) Bear the date or dates;

      (c) Mature at the time or times, not exceeding 40 years after their respective dates;

      (d) Bear interest at a rate or rates;

      (e) Be in the form;

      (f) Carry the registration privileges;

      (g) Be executed in the manner;

      (h) Be payable at the place or places within or without the State; and

      (i) Be subject to the terms of redemption,

Ê as provided by the order authorizing their issuance.

      2.  Any bonds issued pursuant to NRS 386.612 to 386.649, inclusive, may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the Director of the Department of Business and Industry determines in his or her discretion, and are not required to obtain a credit rating. As an incidental expense to any project to be financed by the bonds, the Director of the Department of Business and Industry may employ financial and legal consultants in regard to the financing of the project on an ongoing basis.

      3.  Any bonds issued pursuant to NRS 386.612 to 386.649, inclusive, are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      Sec. 2.8. NRS 386.639 is hereby amended to read as follows:

      386.639  1.  Any bonds issued pursuant to NRS 386.612 to 386.649, inclusive, may be refunded by the Director of the Department of Business and Industry by the issuance of refunding bonds in an amount which the Director of the Department of Business and Industry determines necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.

      2.  Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.

      3.  All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.

      4.  The Director of the Department of Business and Industry shall not issue refunding bonds unless, before the refinancing, the Director of the Department of Business and Industry finds that issuance of refunding bonds will provide a lower cost of financing for the obligor or provide some other public benefit, but the findings, determinations and approval required by NRS 386.632 are not required with respect to refunding bonds issued pursuant to this section.

 


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public benefit, but the findings, determinations and approval required by NRS 386.632 are not required with respect to refunding bonds issued pursuant to this section.

      Sec. 3. (Deleted by amendment.)

      Sec. 3.3. NRS 386.646 is hereby amended to read as follows:

      386.646  [The]

      1.  Except as otherwise provided in subsection 2, the faith of the State is hereby pledged that NRS 386.612 to 386.649, inclusive, will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a charter school to acquire, finance, improve and equip a project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the Director of the Department of Business and Industry to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provisions for their payment and redemption have been fully made.

      2.  The provisions of subsection 1 must not be construed so as to bind the State, the Legislature or any agency of the foregoing to continue to apportion funds to charter schools or to maintain such apportionments at any existing levels.

      Sec. 3.7. NRS 386.647 is hereby amended to read as follows:

      386.647  1.  NRS 386.612 to 386.649, inclusive, without reference to other statutes of this State, constitute full authority for the exercise of powers granted in those sections, including, without limitation, the authorization and issuance of bonds.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by NRS 386.612 to 386.649, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

      3.  The provisions of no other law, either general or local, except as provided in NRS 386.612 to 386.649, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

      4.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 386.612 to 386.649, inclusive . [, except that the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after July 1, 2013, by the Director of the Department of Business and Industry for work to be done on a project.]

      5.  Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 386.612 to 386.649, inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.

 


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financed pursuant to NRS 386.612 to 386.649, inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.

      6.  The powers conferred by NRS 386.612 to 386.649, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect, the powers conferred by any other law.

      7.  No part of NRS 386.612 to 386.649, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

      8.  The Director of the Department of Business and Industry or a person designated by the Director of the Department of Business and Industry may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of NRS 386.612 to 386.649, inclusive, without the assistance or intervention of any other officer.

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

________

CHAPTER 413, AB 409

Assembly Bill No. 409–Assemblymen Seaman, Shelton, Fiore; Hickey, Moore and Nelson

 

CHAPTER 413

 

[Approved: June 8, 2015]

 

AN ACT relating to cosmetology; requiring a makeup artist who engages in the practice of makeup artistry in a licensed cosmetological establishment in this State to register with the State Board of Cosmetology; removing the requirement for certain applicants for a license to complete a nationally recognized written examination; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from engaging in the practice of cosmetology or any branch of cosmetology unless the person is licensed by the State Board of Cosmetology. (NRS 644.190) Existing law requires the Board to determine the qualifications of applicants for various licenses and to adopt regulations governing the sanitary conditions in cosmetological establishments. (NRS 644.090, 644.120)

      Section 3.3 of this bill requires a makeup artist who engages in the practice of makeup artistry in a licensed cosmetological establishment to register with the Board and sets forth the requirements that must be met before the Board is authorized to issue a certificate of registration to such a makeup artist. Section 3.5 of this bill establishes certain requirements that a makeup artist, other than a makeup artist required to be registered with the Board, must meet to practice makeup artistry in this State. Section 7.3 of this bill authorizes the Board to take certain disciplinary action against any makeup artist who fails to comply with the requirements set forth in applicable statutory provisions or regulations adopted by the Board. Section 5 of this bill exempts the occupation of a makeup artist from the definition of the term “cosmetology.”

 


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      Section 7 of this bill eliminates passing a nationally recognized written examination as a requirement for certain applicants who are licensed in a branch of cosmetology in another state or jurisdiction to obtain a license to practice that branch of cosmetology in this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.7, inclusive, of this act.

      Sec. 2. “Makeup artist” means a natural person who:

      1.  Engages in the practice of makeup artistry; or

      2.  Instructs other persons in the practice of makeup artistry,

Ê regardless of whether the person is licensed by the Board in any branch of cosmetology.

      Sec. 3. 1.  “Makeup artistry” means the practice of applying makeup or prosthetics for:

      (a) Theatrical, television, film and other similar productions;

      (b) All aspects of the modeling and fashion industry, including, without limitation photography for magazines; and

      (c) Weddings.

      2.  The term includes the practice of applying makeup or prosthetics at:

      (a) Licensed cosmetological establishments; and

      (b) Retail establishments, unless the practice is limited to the demonstration of cosmetics by a retailer in the manner described in paragraph (d) of subsection 1 of NRS 644.460.

      Sec. 3.3. 1.  Each makeup artist who engages in the practice of makeup artistry in a licensed cosmetological establishment shall, on or before January 1 of each year, register with the Board on a form prescribed by the Board. The registration must:

      (a) Include:

             (1) The name, address, electronic mail address and telephone number of the makeup artist; and

             (2) The name and license number of each cosmetological establishment in which the makeup artist will be practicing makeup artistry.

      (b) Be accompanied by:

             (1) A notarized statement indicating that the makeup artist:

                   (I) Is 18 years of age or older;

                   (II) Is of good moral character;

                   (III) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

                   (IV) Has completed at least 2 years of high school; and

             (2) Two current photographs of the makeup artist which are 2 by 2 inches.

      2.  The Board shall charge a fee of not more than $25 for registering a makeup artist pursuant to this section.

      3.  A makeup artist shall not practice makeup artistry in a licensed cosmetological establishment without first obtaining a certificate of registration.

 


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      Sec. 3.5. A makeup artist, other than a makeup artist required to be registered pursuant to section 3.3 of this act, shall not engage in the practice of makeup artistry in this State unless he or she:

      1.  Is 18 years of age or older;

      2.  Is of good moral character;

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      4.  Has completed at least 2 years of high school.

      Sec. 3.7.  (Deleted by amendment.)

      Sec. 4. NRS 644.020 is hereby amended to read as follows:

      644.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.0295, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 644.024 is hereby amended to read as follows:

      644.024  “Cosmetology” includes the occupations of a cosmetologist, aesthetician, electrologist, hair designer, hair braider, demonstrator of cosmetics and nail technologist. The term does not include the occupation of a makeup artist.

      Sec. 5.3. NRS 644.090 is hereby amended to read as follows:

      644.090  The Board shall:

      1.  Hold examinations to determine the qualifications of all applicants for a license, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.

      2.  Issue licenses to such applicants as may be entitled thereto.

      3.  Issue certificates of registration to such applicants as may be entitled thereto.

      4.  License establishments for hair braiding, cosmetological establishments and schools of cosmetology.

      [4.] 5.  Report to the proper prosecuting officer or law enforcement agency each violation of this chapter coming within its knowledge.

      [5.] 6.  Inspect schools of cosmetology, establishments for hair braiding and cosmetological establishments to ensure compliance with the statutory requirements and adopted regulations of the Board. This authority extends to any member of the Board or its authorized employees.

      Sec. 5.7. NRS 644.130 is hereby amended to read as follows:

      644.130  1.  The Board shall keep a record containing the name, known place of business, and the date and number of the license or certificate of registration of every nail technologist, electrologist, aesthetician, hair designer, hair braider, demonstrator of cosmetics , makeup artist registered pursuant to section 3.3 of this act and cosmetologist, together with the names and addresses of all establishments for hair braiding, cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure [.] or registration.

      2.  The Board may disclose the information contained in the record kept pursuant to subsection 1 to:

      (a) Any other licensing board or agency that is investigating a licensee [.] or registrant.

      (b) A member of the general public, except information concerning the home and work address and telephone number of a licensee [.] or registrant.

 


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      Sec. 6.  NRS 644.190 is hereby amended to read as follows:

      644.190  1.  It is unlawful for any person to conduct or operate a cosmetological establishment, an establishment for hair braiding, a school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced unless the person is licensed in accordance with the provisions of this chapter.

      2.  Except as otherwise provided in subsections 4 and 5, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless the person is licensed in accordance with the provisions of this chapter.

      3.  This chapter does not prohibit:

      (a) Any student in any school of cosmetology established pursuant to the provisions of this chapter from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

      (b) An electrologist’s apprentice from participating in a course of practical training and study.

      (c) A person issued a provisional license as an instructor pursuant to NRS 644.193 from acting as an instructor and accepting compensation therefor while accumulating the hours of training as a teacher required for an instructor’s license.

      (d) The rendering of cosmetological services by a person who is licensed in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

      (e) A registered cosmetologist’s apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist.

      (f) A makeup artist registered pursuant to section 3.3 of this act from engaging in the practice of makeup artistry for compensation or otherwise in a licensed cosmetological establishment.

      4.  A person employed to render cosmetological services in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he or she renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement.

      5.  A person practicing hair braiding is exempt from the licensing requirements of this chapter applicable to hair braiding if the hair braiding is practiced on a person who is related within the sixth degree of consanguinity and the person does not accept compensation for the hair braiding.

      Sec. 6.5. NRS 644.214 is hereby amended to read as follows:

      644.214  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3.3 and 3.7 of this act shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3.3 and 3.7 of this act shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

 


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      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or evidence of registration; or

      (b) A separate form prescribed by the Board.

      3.  A license or evidence of registration may not be issued or renewed by the Board pursuant to NRS 644.190 to 644.330, inclusive, and sections 3.3 and 3.7 of this act if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 7. NRS 644.310 is hereby amended to read as follows:

      644.310  Except as otherwise provided in NRS 644.209, upon application to the Board, accompanied by a fee of $200, a person currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination, unless the Board sees fit to require an examination, be granted a license to practice the occupation in which the applicant was previously licensed upon proof satisfactory to the Board that the applicant:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      4.  [Has successfully completed a nationally recognized written examination in this State or in the state or territory or the District of Columbia in which he or she is licensed.

      5.]  Is currently licensed in another state or territory or the District of Columbia.

      Sec. 7.3. NRS 644.430 is hereby amended to read as follows:

      644.430  1.  The following are grounds for disciplinary action by the Board:

      (a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics or school of cosmetology, [or] a cosmetologist’s apprentice or any makeup artist to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

      (b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

      (c) Gross malpractice.

      (d) Continued practice by a person knowingly having an infectious or contagious disease.

 


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      (e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

      (f) Advertisement by means of knowingly false or deceptive statements.

      (g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

      (h) Failure to display the license or a duplicate of the license as provided in NRS 644.290, 644.360, 644.3774 and 644.410.

      (i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

      (j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

      (k) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.

      2.  If the Board determines that a violation of this section has occurred, it may:

      (a) Refuse to issue or renew a license [;] or certificate of registration;

      (b) Revoke or suspend a license [;] or certificate of registration;

      (c) Place the licensee or registrant on probation for a specified period;

      (d) Impose a fine not to exceed $2,000; or

      (e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 7.7. NRS 644.435 is hereby amended to read as follows:

      644.435  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license or been registered pursuant to NRS 644.190 to 644.330, inclusive, and sections 3.3 and 3.7 of this act, the Board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3.3 and 3.7 of this act, that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 7.9. NRS 644.440 is hereby amended to read as follows:

      644.440  1.  The Board may refuse to issue or renew any license or registration only upon 20 days’ notice in writing to the interested parties. The notice must contain a brief statement of the reasons for the contemplated action of the Board and designate a proper time and place for the hearing of all interested parties before any final action is taken.

      2.  Notice, within the provisions of subsection 1, shall be deemed to have been given when the Board deposits with the United States Postal Service a copy of the notice, addressed to the designated or last known residence of the applicant , [or] licensee [.]

 


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ê2015 Statutes of Nevada, Page 2398 (Chapter 413, AB 409)ê

 

Service a copy of the notice, addressed to the designated or last known residence of the applicant , [or] licensee [.] or registrant.

      3.  Notwithstanding the provisions of chapter 622A of NRS, violations of any regulation of the Board for sanitation or of any statute or regulation of the State Board of Health or any county regulation concerning health may be corrected by any inspector of the Board by giving notice in the form of a citation. Any licensee or registrant receiving a citation shall immediately correct the violation or shall show that corrections have commenced. Failure to correct or to commence corrections within 72 hours after receipt of the citation subjects the license or registration to immediate suspension. The Board may then give 20 days’ notice for hearing to show cause why the license or registration should not be permanently revoked.

      4.  Notwithstanding the provisions of chapter 622A of NRS, the closure of any establishment or school by the State Board of Health acts as an automatic revocation of the license [.] or registration.

      Sec. 8. NRS 644.460 is hereby amended to read as follows:

      644.460  1.  The following persons are exempt from the provisions of this chapter:

      (a) All persons authorized by the laws of this State to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

      (b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.

      (c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:

             (1) Cleansing or singeing the hair of any person.

             (2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      (d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:

             (1) The demonstration is without charge to the person to whom the demonstration is given; and

             (2) The retailer does not advertise or provide a cosmetological service except cosmetics and fragrances.

      (e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his or her employee does not advertise cosmetological services or the practice of makeup artistry and provides cosmetics without charge to the customer.

      2.  Any school of cosmetology conducted as part of the vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:

      (a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.

      (b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  This act becomes effective upon passage and approval.

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ê2015 Statutes of Nevada, Page 2399ê

 

CHAPTER 414, AB 421

Assembly Bill No. 421–Committee on Education

 

CHAPTER 414

 

[Approved: June 8, 2015]

 

AN ACT relating to education; creating the Spending and Government Efficiency Commission for public education; prescribing the membership and duties of the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Spending and Government Efficiency Commission for the system of K-12 public education. The Commission is required to make periodic recommendations to the Governor identifying: (1) areas in which the public costs of public education may be reduced; (2) areas in which increased efficiencies in public education may be found; and (3) any means by which public education may be improved.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby created the Spending and Government Efficiency Commission for the system of K-12 public education in this State. The Commission consists of 12 members appointed as follows:

      (a) Six members appointed by the Governor;

      (b) Two members appointed by the Governor from a list of six recommendations provided by the Senate Majority leader;

      (c) Two members appointed by the Governor from a list of six recommendations provided by the Speaker of the Assembly;

      (d) One member appointed by the Governor from a list of three recommendations provided by the Senate Minority leader; and

      (e) One member appointed by the Governor from a list of three recommendations provided by the Assembly Minority Leader.

Ê To the extent practicable, in appointing members to the Commission, the Governor shall ensure that the membership reflects the ethnic, gender and geographic diversity of this State.

      2.  The Governor shall appoint the Chair of the Commission from among its members.

      3.  The members of the Commission must be persons with expertise and experience in the operation of a business except that one of the members must be a retired teacher who taught pupils in kindergarten or grade 1 through 12 in a public school in this State regardless of whether the retired teacher has such expertise and experience. A member may not have a personal or professional conflict of interest that would prevent the member from fully and objectively discharging his or her duties. A member may not derive any financial benefit from the work of the Commission, other than the general benefit received by all residents of this State from increased efficiency in the system of K-12 public education in this State.

      4.  Members of the Commission serve at the pleasure of the Governor.

 


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ê2015 Statutes of Nevada, Page 2400 (Chapter 414, AB 421)ê

 

      5.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      6.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Committee.

      7.  The Commission shall comply with the provisions of chapter 241 of NRS and all meetings must be conducted in accordance with that chapter.

      8.  The Department of Education shall provide administrative support to the Commission.

      9.  The Commission may appoint committees or subcommittees of its members to study the system of K-12 public education in this State and any means by which the system of K-12 public education in this State may be improved.

      10.  The Commission shall, not less frequently than every 90 days, meet and:

      (a) Submit recommendations to the Governor:

             (1) Identifying areas in which the public costs of the system of K-12 public education in this State may be reduced;

             (2) Identifying areas in which increased efficiencies in the system of K-12 public education in this State may be found; and

             (3) Identifying means by which the system of K-12 public education in this State may be improved; or

      (b) If the Commission does not have any recommendations, submit to the Governor a status report regarding the activities of the Commission for the period from the date on which the Commission last submitted to the Governor a status report or recommendations to the date on which the status report is submitted.

      11.  The Commission shall, on or before February 1, 2017, prepare and submit a final report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature concerning its findings and recommendations.

      Sec. 2.  This act becomes effective on July 1, 2015, and expires by limitation on June 30, 2017.

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ê2015 Statutes of Nevada, Page 2401ê

 

CHAPTER 415, AB 447

Assembly Bill No. 447–Committee on Education

 

CHAPTER 415

 

[Approved: June 8, 2015]

 

AN ACT relating to education; authorizing the State Board of Education to provide for evaluations of certain licensed educational personnel and determine the manner in which to measure the performance of such personnel; revising provisions relating to pupil achievement data used as a part of the statewide performance evaluation system; revising the evaluation of teachers and administrators under the statewide performance evaluation system; requiring the State Board to designate assessments that may be used to determine pupil achievement and prescribe the evaluation system and tools to be used by a school district for measuring of an employee’s performance; authorizing a school district to apply to the State Board to use an evaluation system and tools and assessments that are different from those prescribed by the State Board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education to establish a statewide performance evaluation system which incorporates multiple measures to evaluate the overall performance of certain employees. (NRS 391.465) Section 10 of this bill requires the State Board to prescribe the tools to be used by a school district for obtaining such measures. Section 10 also allows a school district to apply to the State Board to use an evaluation system and tools that are different than the evaluation system and tools prescribed by the State Board.

      Existing law requires the statewide performance evaluation system to: (1) prescribe the pupil achievement data that must be used as a part of the evaluation system; and (2) require that pupil achievement data account for at least 50 percent of the evaluation of certain employees. (NRS 391.465) Sections 10 and 16 of this bill remove the requirement that pupil achievement data must be used as a part of the evaluation system for the 2015-2016 school year. Sections 11 and 16 of this bill reinstate the requirement that pupil achievement data must be used as a part of the evaluation system and provides that, for the 2016-2017 school year: (1) pupil achievement data derived from statewide examinations and assessments must account for at least 10 percent of the evaluation of a teacher when applicable; and (2) pupil achievement data derived from assessments approved by the board of trustees of the school district that employs the teacher must account for at least 10 percent of the evaluation. Section 11 also: (1) requires the State Board to designate the assessments that may be used by a school district to determine pupil achievement; and (2) authorizes the board of trustees of a school district to apply to the Superintendent of Public Instruction for approval to use a different assessment. Sections 12 and 16 of this bill provide that, beginning with the 2017-2018 school year: (1) pupil achievement data derived from statewide examinations and assessments must account for at least 20 percent of the evaluation of a teacher when applicable; and (2) pupil achievement data derived from assessments approved by the board of trustees of the school district that employs the teacher must account for at least 20 percent of the evaluation.

      Existing law requires the board of trustees of each school district to develop a policy for objective evaluations of teachers and administrators that complies with the statewide performance evaluation system established by the State Board. Existing law requires this policy to include an evaluation of counselors, librarians and other licensed personnel.

 


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ê2015 Statutes of Nevada, Page 2402 (Chapter 415, AB 447)ê

 

licensed personnel. (NRS 391.3123, 391.3125) Section 4 of this bill authorizes the State Board to provide for the evaluation of counselors, librarians and other licensed educational personnel and determine the manner in which to measure the performance of such personnel. Sections 6 and 8-12 of this bill require this policy to provide for the evaluation of administrators at a district level who provide direct supervision of the principal of a school.

      Existing law requires each probationary teacher or administrator to receive three evaluations during each school year of his or her probationary employment. (NRS 391.3127, 391.3129) Sections 5 and 6 of this bill require a probationary teacher or administrator to instead receive one evaluation during the first school year of his or her probationary employment that must be based in part upon at least three scheduled observations of the teacher or administrator. Sections 5 and 6 also: (1) reduce the number of observations required for a probationary teacher or administrator during his or her second and third years of probationary employment whose performance is designated as highly effective or effective; and (2) require a probationary teacher or administrator whose performance is designated as minimally effective or ineffective to continue to receive three observations.

      Existing law also requires each postprobationary teacher or administrator who receives an evaluation designating his or her overall performance as minimally effective or ineffective to be evaluated three times. (NRS 391.3125, 391.3127) Sections 5 and 6 instead require such a teacher or administrator to receive one evaluation which must be based in part upon at least three scheduled observations. Existing law requires a postprobationary teacher or administrator who receives an evaluation designating his or her overall performance as highly effective or effective to receive one evaluation which must be based in part upon at least: (1) one scheduled observation, if the teacher or administrator receives an evaluation designating his or her overall performance as highly effective; or (2) two scheduled observations, if the teacher or administrator receives an evaluation designating his or her overall performance as effective. (NRS 391.3125, 391.3127) Sections 5 and 6 instead require such an evaluation to be based on one scheduled observation.

 

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 and 2. (Deleted by amendment.)

      Sec. 3. NRS 386.650 is hereby amended to read as follows:

      386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.347 and 385.3572; and

             (2) In a separate reporting for each group of pupils identified in the statewide system of accountability for public schools;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State;

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school; and

             (3) Which must, to the extent money is available for this purpose, include, without limitation, a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category;

 


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ê2015 Statutes of Nevada, Page 2403 (Chapter 415, AB 447)ê

 

guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the ratings of schools and, if available, school districts pursuant to the statewide system of accountability for public schools and an identification of which schools, if any, are persistently dangerous;

      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) Be designed to improve the ability of the Department, the sponsors of charter schools, the school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction. [Except as otherwise provided in subsection 9 of NRS 391.3125 and subsection 8 of NRS 391.3127, information on pupil achievement data, as prescribed by the State Board pursuant to NRS 391.465, must account for at least 50 percent, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher or other employee.]

      2.  The board of trustees of each school district shall:

      (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

      (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

      3.  The Superintendent of Public Instruction shall:

      (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;

      (c) Prescribe the format for the data;

 


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ê2015 Statutes of Nevada, Page 2404 (Chapter 415, AB 447)ê

 

      (d) Prescribe the date by which each school district shall report the data to the Department;

      (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

      (f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

      (g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

             (1) Individual pupils;

             (2) Individual teachers;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

      (h) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

      (i) Provide for the analysis and reporting of the data in the automated system of information.

      4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

      Sec. 4. NRS 391.3123 is hereby amended to read as follows:

      391.3123  [Commencing with the 2015-2016 school year, the board of trustees of each school district shall implement and carry out the policy] The State Board may provide for evaluations of counselors, librarians and other licensed educational personnel, except for teachers and administrators, [required by NRS 391.3125.] and determine the manner in which to measure the performance of such personnel, including, without limitation, whether to use pupil achievement data as part of the evaluation.

      Sec. 5. NRS 391.3125 is hereby amended to read as follows:

      391.3125  1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers [and other licensed personnel] in each school district.

      2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations of teachers in narrative form. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465.

 


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ê2015 Statutes of Nevada, Page 2405 (Chapter 415, AB 447)ê

 

with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. [The policy must set forth a means according to which an employee’s overall performance is determined to be highly effective, effective, minimally effective or ineffective. Except as otherwise provided in subsection 9, the policy must require that pupil achievement data, as prescribed by the State Board pursuant to NRS 391.465, account for at least 50 percent of the evaluation.] The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. [In a similar manner, counselors, librarians and other licensed personnel must be evaluated.] A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

      3.  The person charged with the evaluation of a teacher pursuant to this section shall hold a conference with the teacher before and after each scheduled observation of the teacher during the school year.

      4.  A probationary teacher must [be evaluated three times] receive one evaluation during each school year of his or her probationary employment. [Each] The evaluation must [include] be based in part upon at least [one] three scheduled [observation] observations of the teacher during the first school year of his or her probationary period as follows:

      (a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      5.  If a probationary teacher receives an evaluation designating his or her overall performance as effective or highly effective:

      (a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observations of the teacher which must occur within the times specified in paragraphs (b) and (c) of subsection 4.

      (b) During the first and second school years of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation of the teacher which must occur within 120 days after the first day of instruction of the school year.

      6.  If a probationary teacher receives an evaluation designating his or her overall performance as minimally effective or ineffective during the first or second school year of the probationary period, the probationary teacher must receive one evaluation during the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 4.

      7.  If a postprobationary teacher receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary teacher must [be evaluated three times] receive one evaluation in the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 4. If a postprobationary teacher [is evaluated three times in a school year and he or she] receives [an evaluation designating] evidence from the first two observations during the school year indicating that, unless his or her performance improves, his or her overall performance [as] may be rated as minimally effective or ineffective [on the first or second evaluation, or both evaluations,] on the evaluation, the postprobationary teacher may request that the third [evaluation] observation be conducted by another administrator.

 


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ê2015 Statutes of Nevada, Page 2406 (Chapter 415, AB 447)ê

 

[is evaluated three times in a school year and he or she] receives [an evaluation designating] evidence from the first two observations during the school year indicating that, unless his or her performance improves, his or her overall performance [as] may be rated as minimally effective or ineffective [on the first or second evaluation, or both evaluations,] on the evaluation, the postprobationary teacher may request that the third [evaluation] observation be conducted by another administrator. If a postprobationary teacher requests that his or her third [evaluation] observation be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.

      [6.]8.  If a postprobationary teacher receives an evaluation designating his or her overall performance as effective [,] or highly effective, the postprobationary teacher must [be evaluated] receive one [time] evaluation in the immediately succeeding school year. The evaluation must [include at least two scheduled observations as follows:

      (a) The first scheduled observation must occur within 80 days after the first day of instruction of the school year; and

      (b) The second scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      7.  If a postprobationary teacher receives an evaluation designating his or her overall performance as highly effective, the postprobationary teacher must be evaluated one time in the immediately succeeding school year. The evaluation must include] be based in part upon at least one scheduled observation which must occur within 120 days after the first day of instruction of the school year.

      [8.]9.  The evaluation of a probationary teacher or a postprobationary teacher pursuant to this section must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:

      (a) An evaluation of the instructional practice of the teacher in the classroom;

      (b) An evaluation of the professional responsibilities of the teacher to support learning and promote the effectiveness of the school community;

      (c) Except as otherwise provided in subsection [9,] 10, an evaluation of the performance of pupils enrolled in the school;

      (d) An evaluation of whether the teacher employs practices and strategies to involve and engage the parents and families of pupils in the classroom;

      (e) Recommendations for improvements in the performance of the teacher;

      (f) A description of the action that will be taken to assist the teacher in the areas of instructional practice, professional responsibilities and the performance of pupils; and

      (g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

 


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ê2015 Statutes of Nevada, Page 2407 (Chapter 415, AB 447)ê

 

      [9.]10.  The evaluation of a probationary teacher in his or her initial year of employment as a probationary teacher must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.3129.

      [10.]11.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to improve his or her performance based upon the recommendations reported in the evaluation of the teacher.

      Sec. 6. NRS 391.3127 is hereby amended to read as follows:

      391.3127  1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must provide for the evaluation of those administrators who provide primarily administrative services at the school level and who do not provide primarily direct instructional services to pupils, regardless of whether such an administrator is licensed as a teacher or administrator, including, without limitation, a principal and a vice principal. The policy must also provide for the evaluation of those administrators at the district level who provide direct supervision of the principal of a school. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. [The policy must set forth a means according to which an administrator’s overall performance is determined to be highly effective, effective, minimally effective or ineffective. Except as otherwise provided in subsection 8, the policy must require that pupil achievement data, as prescribed by the State Board pursuant to NRS 391.465, account for at least 50 percent of the evaluation.] The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

      2.  The person charged with the evaluation of an administrator pursuant to this section shall hold a conference with the administrator before and after each scheduled observation of the administrator during the school year.

      3.  A probationary administrator must [be evaluated three times] receive one evaluation during each school year of his or her probationary employment. [Each] The evaluation must [include] be based in part upon at least [one] three scheduled [observation] observations of the probationary administrator during the first school year of his or her probationary period which must occur as follows:

      (a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      4.  If a probationary administrator receives an evaluation designating his or her overall performance as effective or highly effective:

 


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ê2015 Statutes of Nevada, Page 2408 (Chapter 415, AB 447)ê

 

      (a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observations of the administrator which must occur within the times specified in paragraphs (b) and (c) of subsection 3.

      (b) During the first and second school year of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation of the administrator which must occur within 120 days after the first day of instruction of the school year.

      5.  If a probationary administrator receives an evaluation designating his or her overall performance as minimally effective or ineffective during the first or second school year of the probationary period, the probationary administrator must receive one evaluation during the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 3.

      6.  If a postprobationary administrator receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary administrator must [be evaluated three times] receive one evaluation in the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 3. If a postprobationary administrator [is evaluated three times in a school year and he or she] receives [an evaluation designating] evidence from the first two observations indicating that, unless his or her performance improves, his or her overall performance [as] may be rated as minimally effective or ineffective [on the first or second evaluation, or both evaluations,] on the evaluation, the postprobationary administrator may request that the third [evaluation] observation be conducted by another administrator. If a postprobationary administrator requests that his or her third [evaluation] observation be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary administrator from a list of three candidates submitted by the superintendent.

      [5.]7.  If a postprobationary administrator receives an evaluation designating his or her overall performance as effective [,] or highly effective, the postprobationary administrator must [be evaluated] receive one [time] evaluation in the immediately succeeding school year. The evaluation must [include at least two scheduled observations as follows:

      (a) The first scheduled observation must occur within 80 days after the first day of instruction of the school year; and

      (b) The second scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      6.  If a postprobationary administrator receives an evaluation designating his or her overall performance as highly effective, the postprobationary administrator must be evaluated one time in the immediately succeeding school year. The evaluation must include] be based in part upon at least one scheduled observation which must occur within 120 days after the first day of instruction of the school year.

 


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ê2015 Statutes of Nevada, Page 2409 (Chapter 415, AB 447)ê

 

      [7.]8.  The evaluation of an administrator pursuant to this section must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:

      (a) An evaluation of the instructional leadership practices of the administrator at the school;

      (b) An evaluation of the professional responsibilities of the administrator to support learning and promote the effectiveness of the school community;

      (c) Except as otherwise provided in subsection [8,] 9, an evaluation of the performance of pupils enrolled in the school;

      (d) An evaluation of whether the administrator employs practices and strategies to involve and engage the parents and families of pupils enrolled in the school;

      (e) Recommendations for improvements in the performance of the administrator; and

      (f) A description of the action that will be taken to assist the administrator in the areas of instructional leadership practice, professional responsibilities and the performance of pupils.

      [8.]9.  The evaluation of a probationary administrator in his or her initial year of probationary employment must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.3129.

      [9.]10.  Each probationary administrator is subject to the provisions of NRS 391.3128 and 391.3197.

      [10.]11.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

      Sec. 7. NRS 391.3129 is hereby amended to read as follows:

      391.3129  A postprobationary employee who receives an evaluation designating his or her overall performance as:

      1.  [If evaluated pursuant to NRS 391.3125 or 391.3127, as applicable:

      (a)] Minimally effective;

      [(b)]2.  Ineffective; or

      [(c)]3.  Minimally effective during 1 year of the 2-year consecutive period and ineffective during the other year of the period , [; or

      2.  If evaluated pursuant to any other system of evaluation, any designation which indicates that the overall performance of the employee is below average,]

Ê for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.311 to 391.3197, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.3197.

 


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ê2015 Statutes of Nevada, Page 2410 (Chapter 415, AB 447)ê

 

      Sec. 8. NRS 391.460 is hereby amended to read as follows:

      391.460  1.  The Council shall:

      (a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level and administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal [, counselors, librarians and other licensed educational personnel employed by school districts] are:

             (1) Evaluated using multiple, fair, timely, rigorous and valid methods ; [, which includes evaluations based upon pupil achievement data as required by NRS 391.465;]

             (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and

             (3) Provided with the means to share effective educational methods with other teachers [,] and administrators [, counselors, librarians and other licensed educational personnel] throughout this State.

      (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

      (c) Consider the role of professional standards for teachers [,] and administrators to which paragraph (a) applies [, counselors, librarians and other licensed educational personnel] and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

      (d) Develop and recommend to the State Board a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.

      2.  The performance evaluation system recommended by the Council must ensure that:

      (a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers [,] and administrators ; [, counselors, librarians and other licensed educational personnel;] and

      (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

      3.  The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

      4.  The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.

 


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ê2015 Statutes of Nevada, Page 2411 (Chapter 415, AB 447)ê

 

      Sec. 9. NRS 391.460 is hereby amended to read as follows:

      391.460  1.  The Council shall:

      (a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level and administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal are:

             (1) Evaluated using multiple, fair, timely, rigorous and valid methods [;] , which includes evaluations based upon pupil achievement data as required by NRS 391.465;

             (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and

             (3) Provided with the means to share effective educational methods with other teachers and administrators throughout this State.

      (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

      (c) Consider the role of professional standards for teachers and administrators to which paragraph (a) applies and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

      (d) Develop and recommend to the State Board a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.

      2.  The performance evaluation system recommended by the Council must ensure that:

      (a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers and administrators; and

      (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

      3.  The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

      4.  The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.

      Sec. 10. NRS 391.465 is hereby amended to read as follows:

      391.465  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance.

 


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ê2015 Statutes of Nevada, Page 2412 (Chapter 415, AB 447)ê

 

Except as otherwise provided in subsection 4, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Minimally effective; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a).

      (c) [Except as otherwise provided in subsection 9 of NRS 391.3125 and subsection 8 of NRS 391.3127, require that pupil achievement data account for at least 50 percent of the evaluation.

      (d) Prescribe the pupil achievement data that must be used as part of the evaluation system pursuant to paragraph (c).

      (e)] Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.

      [(f)](d) Include a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer reviews pursuant to the process.

      3.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      Sec. 11. NRS 391.465 is hereby amended to read as follows:

      391.465  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 4, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

 


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ê2015 Statutes of Nevada, Page 2413 (Chapter 415, AB 447)ê

 

             (3) Minimally effective; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a).

      (c) Except as otherwise provided in subsection 10 of NRS 391.3125 and subsection 9 of NRS 391.3127, require that pupil achievement data account for at least 20 percent of the evaluation.

      (d) Except as otherwise provided in subsection 3, prescribe the pupil achievement data that must be used as part of the evaluation system pursuant to paragraph (c) which must require that:

             (1) Pupil achievement data derived from statewide examinations and assessments must account for at least 10 percent of the evaluation of a teacher or administrator, as applicable; and

             (2) Pupil achievement data derived from assessments approved by the board of trustees of a school district that employs the teacher or administrator, as applicable, must account for at least 10 percent of the evaluation.

      (e) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.

      [(d)](f) Include a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer reviews pursuant to the process.

      3.  The State Board shall, by regulation, designate the assessments that may be used by a school district to determine pupil achievement pursuant to subparagraph (2) of paragraph (d) of subsection 2. The board of trustees of a school district may select one or more of the assessments designated by the State Board to determine pupil achievement, or the board of trustees may apply to the Superintendent of Public Instruction for approval to use a different assessment to determine pupil achievement.

      4.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      Sec. 12. NRS 391.465 is hereby amended to read as follows:

      391.465  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance.

 


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ê2015 Statutes of Nevada, Page 2414 (Chapter 415, AB 447)ê

 

NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 4, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Minimally effective; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a).

      (c) Except as otherwise provided in subsection 10 of NRS 391.3125 and subsection 9 of NRS 391.3127, require that pupil achievement data account for at least [20] 40 percent of the evaluation.

      (d) Except as otherwise provided in subsection 3, prescribe the pupil achievement data that must be used as part of the evaluation system pursuant to paragraph (c) which must require that:

             (1) Pupil achievement data derived from statewide examinations and assessments must account for at least [10] 20 percent of the evaluation of a teacher or administrator, as applicable; and

             (2) Pupil achievement data derived from assessments approved by the board of trustees of a school district that employs the teacher or administrator, as applicable, must account for at least [10] 20 percent of the evaluation.

      (e) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.

      (f) Include a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer reviews pursuant to the process.

      3.  The State Board shall, by regulation, designate the assessments that may be used by a school district to determine pupil achievement pursuant to subparagraph (2) of paragraph (d) of subsection 2. The board of trustees of a school district may select one or more of the assessments designated by the State Board to determine pupil achievement, or the board of trustees may apply to the Superintendent of Public Instruction for approval to use a different assessment to determine pupil achievement.

      4.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district.

 


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ê2015 Statutes of Nevada, Page 2415 (Chapter 415, AB 447)ê

 

form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      Sec. 13.  The evaluation of teachers and administrators pursuant to NRS 391.3125 or 391.3127 must not include pupil achievement data for the 2015-2016 school year.

      Sec. 14. NRS 391.31211, 391.31212, 391.31213, 391.31214, 391.31215, 391.31216, 391.31217, 391.31218, 391.31219 and 391.3122 are hereby repealed.

      Sec. 15.  Any probationary or postprobationary teacher or administrator who was evaluated for the 2014-2015 school year must be evaluated for the 2015-2016 school year in the manner provided in NRS 391.3125 or 391.3127, as applicable, as amended by sections 5 and 6 of this act. For the purposes of the provisions of those sections, a teacher or administrator who received for the 2014-2015 school year or for any previous school year a rating of:

      1.  Satisfactory, must be considered to have received a rating of effective or highly effective.

      2.  Unsatisfactory, must be considered to have received a rating of minimally effective or ineffective.

      Sec. 16.  1.  This section and sections 1 to 8, inclusive, and sections 10, 13, 14 and 15 of this act become effective on July 1, 2015.

      2.  Sections 9 and 11 of this act become effective on July 1, 2015, for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of those sections and on July 1, 2016, for all other purposes.

      3.  Section 12 of this act becomes effective on July 1, 2017.

________

CHAPTER 416, SB 29

Senate Bill No. 29–Committee on Government Affairs

 

CHAPTER 416

 

[Approved: June 8, 2015]

 

AN ACT relating to county government; authorizing a board of county commissioners to exercise powers necessary or proper to address matters of local concern for the effective operation of county government; providing that such powers do not apply to certain matters; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In a case from 1868 and in later treatises on the law governing local governments, former Chief Justice John F. Dillon of the Iowa Supreme Court developed a common-law rule on local governmental power known as Dillon’s Rule, which defines and limits the powers of local governments. Under Dillon’s Rule, a local government is authorized to exercise only those powers which are: (1) expressly granted; (2) necessarily or fairly implied in or incident to the powers expressly granted; or (3) essential to the accomplishment of the declared objects and purposes of the local government and not merely convenient but indispensable.

 


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ê2015 Statutes of Nevada, Page 2416 (Chapter 416, SB 29)ê

 

essential to the accomplishment of the declared objects and purposes of the local government and not merely convenient but indispensable. Dillon’s Rule also provides that if there is any fair or reasonable doubt concerning the existence of a power, that doubt is resolved against the local government and the power is denied. (Merriam v. Moody’s Ex’rs, 25 Iowa 163, 170 (1868); 1 John F. Dillon, Commentaries on the Law of Municipal Corporations § 237 (5th ed. 1911))

      In Nevada’s jurisprudence, the Nevada Supreme Court has adopted and applied Dillon’s Rule to county, city and other local governments. (Ronnow v. City of Las Vegas, 57 Nev. 332, 341-43 (1937); Hard v. Depaoli, 56 Nev. 19, 30 (1935); Lyon County v. Ross, 24 Nev. 102, 111-12 (1897); State ex rel. Rosenstock v. Swift, 11 Nev. 128, 140 (1876)) Thus, as a general rule under existing law, a board of county commissioners is authorized to exercise only those powers which are expressly granted to the board and those powers which are necessarily implied to carry out the express powers of the board. (NRS 244.195; First Nat’l Bank v. Nye County, 38 Nev. 123, 134-39 (1914); Sadler v. Board of County Comm’rs, 15 Nev. 39, 42 (1880))

      Sections 2-2.7, 7 and 7.5 of this bill authorize a board of county commissioners, with certain exceptions, to exercise all powers necessary or proper to address matters of local concern for the effective operation of county government, whether or not the powers are expressly granted to the board, but such powers remain subject to all federal and state constitutional, statutory and regulatory provisions.

      Section 2.7 defines the term “matter of local concern” as any matter that primarily affects or impacts areas located in the county, or persons who reside, work, visit or are otherwise present in areas located in the county, and that does not have a significant effect or impact on areas located in other counties. However, the term “matter of local concern” does not include any matter that is within the exclusive jurisdiction of another governmental entity or any matter that concerns: (1) a state interest that requires statewide uniformity of regulation; (2) the regulation of business activities that are subject to substantial regulation by a federal or state agency; or (3) any other federal or state interest that is committed by the Constitution, statutes or regulations of the United States or this State to federal or state regulation that preempts local regulation.

      Sections 2 and 7 modify Dillon’s Rule as applied to the board of county commissioners so that if there is any fair or reasonable doubt concerning the existence of a power of the board to address a matter of local concern, it must be presumed that the board has the power unless the presumption is rebutted by evidence of a contrary intent by the Legislature. Section 2 also states that the provisions of this bill must not be interpreted to modify Dillon’s Rule with regard to: (1) any local governing body other than a board of county commissioners; or (2) any powers other than those powers necessary or proper to address matters of local concern for the effective operation of county government.

      Section 7.7 of this bill provides that during the 2015-2017 interim between regular legislative sessions, the Nevada Association of Counties shall: (1) obtain information regarding the implementation of the provisions of this bill from each board of county commissioners; and (2) compile and report the information to the next regular session of the Legislature in 2017.

 

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

      Sec. 2. The Legislature hereby finds and declares that:

      1.  Historically under Nevada law, the exercise of powers by a board of county commissioners has been governed by a common-law rule on local governmental power known as Dillon’s Rule, which is named after former Chief Justice John F.

 


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ê2015 Statutes of Nevada, Page 2417 (Chapter 416, SB 29)ê

 

Chief Justice John F. Dillon of the Iowa Supreme Court who in a case from 1868 and in later treatises on the law governing local governments set forth the common-law rule defining and limiting the powers of local governments.

      2.  In Nevada’s jurisprudence, the Nevada Supreme Court has adopted and applied Dillon’s Rule to county, city and other local governments.

      3.  As applied to county government, Dillon’s Rule provides that a board of county commissioners possesses and may exercise only the following powers and no others:

      (a) Those powers granted in express terms by the Nevada Constitution or statute;

      (b) Those powers necessarily or fairly implied in or incident to the powers expressly granted; and

      (c) Those powers essential to the accomplishment of the declared objects and purposes of the county and not merely convenient but indispensable.

      4.  Dillon’s Rule also provides that if there is any fair or reasonable doubt concerning the existence of a power, that doubt is resolved against the board of county commissioners and the power is denied.

      5.  As a general rule on local governmental power, Dillon’s Rule serves an important function in defining the powers of county government and remains a vital component of Nevada law. However, with regard to matters of local concern, a strict interpretation and application of Dillon’s Rule unnecessarily restricts a board of county commissioners from taking appropriate actions that are necessary or proper to address matters of local concern for the effective operation of county government and thereby impedes the board from responding to and serving the needs of local citizens diligently, decisively and effectively.

      6.  To provide a board of county commissioners with the appropriate authority to address matters of local concern for the effective operation of county government, the provisions of sections 2 to 7, inclusive, of this act:

      (a) Expressly grant and delegate to the board of county commissioners all powers necessary or proper to address matters of local concern so that the board may adopt county ordinances and implement and carry out county programs and functions for the effective operation of county government; and

      (b) Modify Dillon’s Rule as applied to the board of county commissioners so that if there is any fair or reasonable doubt concerning the existence of a power of the board to address a matter of local concern, it must be presumed that the board has the power unless the presumption is rebutted by evidence of a contrary intent by the Legislature.

      7.  The provisions of sections 2 to 7, inclusive, of this act must not be interpreted to modify Dillon’s Rule with regard to:

      (a) Any local governing body other than a board of county commissioners; or

      (b) Any powers other than those powers necessary or proper to address matters of local concern for the effective operation of county government.

      Sec. 2.1.As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.5 and 2.7 of this act have the meanings ascribed to them in those sections.

 


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ê2015 Statutes of Nevada, Page 2418 (Chapter 416, SB 29)ê

 

      Sec. 2.5. “County government” means any public body, agency, bureau, board, commission, department, division, office or other unit of county government, or any officer or employee thereof, within the jurisdiction of the board of county commissioners.

      Sec. 2.7.1.  “Matter of local concern” means any matter that:

      (a) Primarily affects or impacts areas located in the county, or persons who reside, work, visit or are otherwise present in areas located in the county, and does not have a significant effect or impact on areas located in other counties;

      (b) Is not within the exclusive jurisdiction of another governmental entity; and

      (c) Does not concern:

             (1) A state interest that requires statewide uniformity of regulation;

             (2) The regulation of business activities that are subject to substantial regulation by a federal or state agency; or

             (3) Any other federal or state interest that is committed by the Constitution, statutes or regulations of the United States or this State to federal or state regulation that preempts local regulation.

      2.  The term includes, without limitation, any of the following matters of local concern:

      (a) Public health, safety and welfare in the county.

      (b) Planning, zoning, development and redevelopment in the county.

      (c) Nuisances and graffiti in the county.

      (d) Outdoor assemblies in the county.

      (e) Contracts and purchasing by county government.

      (f) Operation, management and control of county jails and prisoners by county government.

      (g) Any public property, buildings, lands, utilities and other public works owned, leased, operated, managed or controlled by county government, including, without limitation:

             (1) Roads, highways and bridges.

             (2) Parks, recreational centers, cultural centers, libraries and museums.

      3.  The provisions of subsection 2:

      (a) Are intended to be illustrative;

      (b) Are not intended to be exhaustive or exclusive; and

      (c) Must not be interpreted as either limiting or expanding the meaning of the term “matter of local concern” as provided in subsection 1.

      Secs. 3-6.  (Deleted by amendment.)

      Sec. 7. 1.  Except as prohibited, limited or preempted by the Constitution, statutes or regulations of the United States or this State and except as otherwise provided in this section, a board of county commissioners has:

      (a) All powers expressly granted to the board;

      (b) All powers necessarily or fairly implied in or incident to the powers expressly granted to the board; and

      (c) All other powers necessary or proper to address matters of local concern for the effective operation of county government, whether or not the powers are expressly granted to the board. If there is any fair or

 


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ê2015 Statutes of Nevada, Page 2419 (Chapter 416, SB 29)ê

 

reasonable doubt concerning the existence of a power of the board to address a matter of local concern pursuant to this paragraph, it must be presumed that the board has the power unless the presumption is rebutted by evidence of a contrary intent by the Legislature.

      2.  If there is a constitutional or statutory provision requiring a board of county commissioners to exercise a power set forth in subsection 1 in a specific manner, the board may exercise the power only in that specific manner, but if there is no constitutional or statutory provision requiring the board to exercise the power in a specific manner, the board may adopt an ordinance prescribing a specific manner for exercising the power.

      3.  Except as expressly authorized by statute, a board of county commissioners shall not:

      (a) Condition or limit its civil liability unless such condition or limitation is part of a legally executed contract or agreement between the county and another governmental entity or a private person or entity.

      (b) Prescribe the law governing civil actions between private persons or entities.

      (c) Impose duties on another governmental entity unless the performance of the duties is part of a legally executed agreement between the county and another governmental entity.

      (d) Impose a tax.

      (e) Order or conduct an election.

      4.  Except as expressly authorized by statute or necessarily or fairly implied in or incident to powers expressly authorized by statute, a board of county commissioners shall not:

      (a) Impose a service charge or user fee; or

      (b) Regulate business activities that are subject to substantial regulation by a federal or state agency.

      Sec. 7.5. NRS 244.195 is hereby amended to read as follows:

      244.195  [The] Except as otherwise provided in sections 2 to 7, inclusive, of this act, the boards of county commissioners shall have power and jurisdiction in their respective counties to do and perform all such other acts and things as may be lawful and [strictly] necessary to the full discharge of the powers and jurisdiction conferred on the board.

      Sec. 7.7.  1.  During the 2015-2017 interim between the 78th and 79th Sessions of the Nevada Legislature, the Nevada Association of Counties shall obtain information regarding the implementation of the provisions of this act from each board of county commissioners in this State, and each such board shall cooperate and work collaboratively with the Nevada Association of Counties to provide that information.

      2.  On or before February 1, 2017, the Nevada Association of Counties shall compile and report the information obtained pursuant to this section to the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

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

________

 


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ê2015 Statutes of Nevada, Page 2420ê

 

CHAPTER 417, SB 40

Senate Bill No. 40–Committee on Judiciary

 

CHAPTER 417

 

[Approved: June 8, 2015]

 

AN ACT relating to gaming; prohibiting certain acts related to wagering; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that it is unlawful for a person to perform certain actions relating to gaming without having first procured, and thereafter maintaining, all required gaming licenses. (NRS 463.160) This bill additionally provides that it is unlawful for a person to: (1) receive any compensation or reward, or any percentage or share of the money or property played, for accepting a bet or wager on the result of any event held at a track involving a horse or other animal, sporting event or other event, without having first procured, and thereafter maintaining, all required gaming licenses; (2) accept or facilitate a bet or wager on the result of any event held at a track involving a horse or other animal, sporting event or other event that is placed with a person who receives any compensation or reward, or any percentage or share of the money or property played, for accepting or facilitating such a bet or wager without having first procured, and thereafter maintaining, all required gaming licenses; or (3) transmit or deliver anything of value resulting from a bet or wager on the result of any event held at a track involving a horse or other animal, sporting event or other event with a person who receives any compensation or reward, or any percentage or share of the money or property played, for accepting or facilitating such a bet or wager without having first procured, and thereafter maintaining, all required gaming licenses. A person who violates any such provision is guilty of a category B felony.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 465 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided by law, it is unlawful for a person to receive, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for accepting any bet or wager upon the result of any event held at a track involving a horse or other animal, sporting event or other event, as defined by regulations adopted by the Nevada Gaming Commission, without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing body of any unincorporated town.

      2.  Except as otherwise provided by law, it is unlawful for a person to:

      (a) Accept or facilitate any bet or wager that is placed with a person described in subsection 1; or

      (b) Transmit or deliver anything of value resulting from a bet or wager to a person who has placed a bet or wager with a person described in subsection 1.

 


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ê2015 Statutes of Nevada, Page 2421 (Chapter 417, SB 40)ê

 

      3.  The provisions of this section do not make it unlawful for a race book or sports pool that is licensed pursuant to chapter 463 of NRS to, without knowledge, accept a bet or wager from or pay a winning bet or wager to a person described in subsection 1 or 2.

      Sec. 2. NRS 465.088 is hereby amended to read as follows:

      465.088  1.  A person who violates any provision of NRS 465.070 to 465.085, inclusive, and section 1 of this act, is guilty of a category B felony and shall be punished:

      (a) For the first offense, 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 by a fine of not more than $10,000, or by both fine and imprisonment.

      (b) For a second or subsequent violation of any of these provisions, 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 $10,000. The court shall not suspend a sentence of imprisonment imposed pursuant to this paragraph, or grant probation to the person convicted.

      2.  A person who attempts, or two or more persons who conspire, to violate any provision of NRS 465.070 to 465.085, inclusive, and section 1 of this act, each is guilty of a category B felony and shall be punished by imposing the penalty provided in subsection 1 for the completed crime, whether or not he or she personally played any gambling game or used any prohibited device.

________

CHAPTER 418, SB 89

Senate Bill No. 89–Committee on Natural Resources

 

CHAPTER 418

 

[Approved: June 8, 2015]

 

AN ACT relating to the Fund for Cleaning Up Discharges of Petroleum; increasing the limitation on expenditures from the Fund for cleaning up certain discharges; authorizing the expenditure of money from the Fund for the cleanup of discharges involving petrochemicals; requiring a person responsible for the discharge of a petrochemical to reimburse the Division of Environmental Protection of the State Department of Conservation and Natural Resources for the person’s share of the cost of cleaning up the discharge; defining the term “petrochemical”; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Division of Environmental Protection of the State Department of Conservation and Natural Resources may expend not more than $250,000 per year from the Fund for Cleaning Up Discharges of Petroleum for the cleanup of any discharge involving petroleum. Existing law also requires the operator of a tank from which petroleum is discharged to reimburse the Division for the operator’s share of the costs of cleaning up the discharge. (NRS 590.835) This bill authorizes the Division to expend up to $2 million per fiscal year from the Fund for the cleanup of discharges in the State involving petroleum or a petrochemical. The Interim Finance Committee may approve the expenditure of more than $2 million from the Fund in a fiscal year to pay for the costs of cleaning up such discharges.

 


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ê2015 Statutes of Nevada, Page 2422 (Chapter 418, SB 89)ê

 

Interim Finance Committee may approve the expenditure of more than $2 million from the Fund in a fiscal year to pay for the costs of cleaning up such discharges. This bill also requires the person responsible for a discharge of a petrochemical to reimburse the Division for the person’s share of the costs of cleaning up the discharge. Finally, this bill defines the term “petrochemical.”

 

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 590.835 is hereby amended to read as follows:

      590.835  Notwithstanding any provision of NRS 590.700 to 590.920, inclusive, to the contrary, and except as otherwise provided in this section:

      1.  The Division may expend not more than [$250,000] $2,000,000 from the Fund per fiscal year as reimbursement for necessary costs incurred by the Division in the response to and cleanup of [any discharge involving petroleum,] discharges in the State, including discharges from a storage tank and discharges from a mobile tank that occur during the transportation of petroleum or a petrochemical on roads and highways. The Interim Finance Committee may approve the expenditure of more than $2,000,000 from the Fund in a fiscal year for the purposes described in this subsection. If [the] a discharge [involving petroleum] also involves [the discharge of] another hazardous material, the Division may expend money pursuant to this section in the cleanup of the discharge [of petroleum] and the other hazardous material. The Division shall not expend money from the Fund pursuant to this section to clean up discharges [involving petroleum] from pipelines.

      2.  Except as otherwise provided in this subsection, money from the Fund expended by the Division pursuant to this section must be used to augment, and must not be used to replace or supplant, any money available from other sources for the cleanup of discharges , [of petroleum,] including, without limitation, reimbursements by operators required to be made to the Division pursuant to NRS 590.850 and 590.870. If no money is available from those other sources, the Division may expend money from the Fund pursuant to this section to reimburse the Division for any costs specified in subsection 1.

      3.  If the Division expends money pursuant to this section to clean up a discharge involving [petroleum,] :

      (a) Petroleum, the operator of the tank shall reimburse the Division for the operator’s share of the costs for cleaning up the discharge.

      (b) A petrochemical, the person who is responsible for the discharge shall reimburse the Division for the person’s share of the costs for cleaning up the discharge.

Ê The Division shall, upon being reimbursed [by the operator of the tank] pursuant to this subsection, deposit that money in the Fund.

      4.  As used in this section:

      (a) “Discharge” means , unless authorized by state or federal law, any [release,] :

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 2423 (Chapter 418, SB 89)ê

 

             (1) Release of a petrochemical into water or soil; or

             (2) Release, leaking or spilling of petroleum or a petrochemical from a tank into water or soil . [, unless the discharge is authorized by state or federal law.]

      (b) “Operator” means a person who owns, controls or is responsible for the operation of a tank.

      (c) “Petrochemical” means a chemical derived from petroleum or a petroleum feedstock, including, without limitation, perchloroethylene and any degradation product of perchloroethylene.

      (d) “Tank” means a storage tank or a mobile tank used to transport petroleum or a petrochemical received for sale or use in this State.

      Sec. 2. NRS 218E.405 is hereby amended to read as follows:

      218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.

      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830 , [and] 538.650 [.] and subsection 1 of NRS 590.835. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

      3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:

      (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

      (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

      (c) The Director or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

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

________

 


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ê2015 Statutes of Nevada, Page 2424ê

 

CHAPTER 419, SB 103

Senate Bill No. 103–Senators Settelmeyer and Denis

 

CHAPTER 419

 

[Approved: June 8, 2015]

 

AN ACT relating to taxation; exempting certain persons who sell, solicit or negotiate insurance from the modified business tax applicable to financial institutions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes an excise tax, commonly known as the modified business tax, on employers who are financial institutions. (NRS 363A.130) Other employers are taxed at a lower rate. (NRS 363B.110) Section 1 of this bill exempts from the definition of “financial institution” any person who is primarily engaged in the sale, solicitation or negotiation of insurance, making such a person subject to the modified business tax applicable to employers generally. For such a person, section 2 of this bill provides that the general modified business tax is first applicable for the calendar quarter beginning after the effective date of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 363A.050 is hereby amended to read as follows:

      363A.050  1.  Except as otherwise provided in subsection 2, “financial institution” means:

      (a) An institution licensed, registered or otherwise authorized to do business in this State pursuant to the provisions of title 55 or 56 of NRS or chapter 604A, 645B or 645E of NRS, or a similar institution chartered or licensed pursuant to federal law;

      (b) A person licensed or registered or required to be licensed or registered pursuant to NRS 90.310, 90.330, 90.453, 686A.340 or 688C.190;

      (c) A person holding or required to hold a solicitation permit or license pursuant to NRS 692B.040, 692B.190 or 692B.260;

      (d) A person designated or registered or required to be designated or registered pursuant to the Commodity Exchange Act, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940 or the Investment Advisers Act of 1940, as amended;

      (e) A person licensed pursuant to 7 U.S.C. § 2009cc-3 to operate as a rural business investment company;

      (f) A person registered or required to be registered as a savings and loan holding company pursuant to 12 U.S.C. § 1467a;

      (g) A person registered or required to be registered as a bank holding company pursuant to 12 U.S.C. § 1844;

      (h) An investment bank holding company supervised pursuant to 15 U.S.C. § 78q;

      (i) A person electing to be treated as a business development company pursuant to 15 U.S.C. § 80a-53;

 


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ê2015 Statutes of Nevada, Page 2425 (Chapter 419, SB 103)ê

 

      (j) A person licensed pursuant to 15 U.S.C. § 681 to operate as a small business investment company;

      (k) A person granted final approval pursuant to 15 U.S.C. § 689c to operate as a new markets venture capital company;

      (l) A person qualifying as and electing to be considered a real estate investment trust pursuant to 26 U.S.C. § 856;

      (m) A bank, as defined in 12 U.S.C. § 1813(a);

      (n) A savings association, as defined in 12 U.S.C. § 1813(b);

      (o) A savings bank, as defined in 12 U.S.C. § 1813(g);

      (p) A thrift institution, as defined in 12 U.S.C. § 1841(i);

      (q) A national banking association organized under the National Bank Act;

      (r) An entity that is related to any of the entities described in paragraphs (a), (b), (d) to (k), inclusive, and (m) to (q), inclusive, regardless of whether the entity described in any of those paragraphs is doing business in this State; and

      (s) An issuer or a service provider,

Ê who is conducting a business activity in this State.

      2.  The term does not include:

      (a) A credit union organized under the provisions of chapter 678 of NRS or the Federal Credit Union Act;

      (b) A federal land credit association, farm credit bank, agricultural credit association or similar institution organized under the provisions of the Farm Credit Act; [and]

      (c) A person who sells, solicits or negotiates insurance and whose business primarily consists of the sale, solicitation or negotiation of insurance; and

      (d) Any person or other entity that this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      3.  For the purposes of this section:

      (a) “Credit card” has the meaning ascribed to it in NRS 97A.050.

      (b) “Entity” includes, without limitation, any corporation, limited-liability company, association, organization, company, firm, partnership, joint venture, trust, business trust, receiver, trustee, syndicate, cooperative or assignee, or any other group or combination acting as a unit.

      (c) “Issuer” has the meaning ascribed to it in NRS 97A.100, except that the term does not include a seller of goods or provider of services who issues a credit card for the purpose of providing or extending credit only in connection with the goods he or she sells or the services he or she provides.

      (d) A business “primarily consists of the sale, solicitation or negotiation of insurance” if more than 50 percent of the annual income of the business from commissions is derived from the sale, solicitation or negotiation of insurance.

      (e) Entities are “related” if at least 50 percent of the interest, either by vote or value, in each entity is owned, either directly or indirectly, by the same entity, including either of those entities.

      [(e)](f) “Service provider” has the meaning ascribed to it in NRS 97A.130, except that the term does not include a service provider who acts in that capacity solely on behalf of a seller of goods or provider of services who issues a credit card for the purpose of providing or extending credit only in connection with the goods he or she sells or the services he or she provides.

 


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ê2015 Statutes of Nevada, Page 2426 (Chapter 419, SB 103)ê

 

      Sec. 2.  For any person described in paragraph (c) of subsection 2 of NRS 363A.050, as amended by section 1 of this act:

      1.  The provisions of NRS 363A.130 apply to the person until the beginning of the calendar quarter described in subsection 2.

      2.  The provisions of NRS 363B.110 first apply to the person for the calendar quarter next succeeding the effective date of this act.

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

________

CHAPTER 420, SB 153

Senate Bill No. 153–Committee on Commerce, Labor and Energy

 

CHAPTER 420

 

[Approved: June 8, 2015]

 

AN ACT relating to occupational diseases; revising the circumstances under which certain occupational diseases are conclusively presumed to arise out of and in the course of employment; limiting the compensation to which a person is entitled to receive for certain occupational diseases; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that certain diseases of the lungs or heart contracted by certain police officers, firefighters or other employees are, for purposes of industrial insurance claims, conclusively presumed to be occupationally related if the employee has served a certain number of years in the profession before contracting the disease. (NRS 617.455, 617.457) Sections 2 and 3 of this bill limit the period in which certain employees may claim these presumptions. Sections 2 and 3 also provide that a person who files a claim for the disease after he or she retires from employment as a police officer, firefighter or arson investigator is not entitled to receive any compensation for that disease other than medical benefits. Sections 2.5 and 3.5 of this bill prevent certain persons who use tobacco products or fail to follow a physician’s prescribed plan of care from claiming these presumptions.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. NRS 617.454 is hereby amended to read as follows:

      617.454  1.  Any physical examination administered pursuant to NRS 617.455 or 617.457 must include:

      (a) A thorough test of the functioning of the hearing of the employee; and

      (b) A purified protein derivative skin test to screen for exposure to tuberculosis.

      2.  Except as otherwise provided in subsection [7] 8 of NRS 617.457, the tests required by this section must be paid for by the employer.

 


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ê2015 Statutes of Nevada, Page 2427 (Chapter 420, SB 153)ê

 

      Sec. 2. NRS 617.455 is hereby amended to read as follows:

      617.455  1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

      (a) Employed in this State in a full-time salaried occupation of fire fighting or the investigation of arson for the benefit or safety of the public;

      (b) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; or

      (c) Employed in a full-time salaried occupation as a police officer in this State.

      2.  Except as otherwise provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his or her lungs and the making of an X-ray film of the employee’s lungs, upon employment, upon commencement of the coverage, once every 2 years until the employee is 40 years of age or older and thereafter on an annual basis during his or her employment.

      3.  Each volunteer firefighter who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to:

      (a) A physical examination upon employment and upon commencement of the coverage; and

      (b) The making of an X-ray film of the volunteer firefighter’s lungs once every 3 years after the physical examination that is required upon commencement of the coverage,

Ê until the volunteer firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment. As used in this subsection, “physical examination” includes the making of an X-ray film of the volunteer firefighter’s lungs but excludes a thorough test of the functioning of his or her lungs.

      4.  All physical examinations required pursuant to subsections 2 and 3 must be paid for by the employer.

      5.  A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer, firefighter or arson investigator for [5] 2 years or more before the date of disablement [.] if the disease is diagnosed and causes the disablement:

      (a) During the course of that employment;

      (b) If the person ceases employment before completing 20 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or

      (c) If the person ceases employment after completing 20 years or more of service as a police officer, firefighter or arson investigator, at any time during the person’s life.

 


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ê2015 Statutes of Nevada, Page 2428 (Chapter 420, SB 153)ê

 

Ê Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.

      6.  Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after a physical examination required pursuant to subsection 2 or 3 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      7.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a firefighter, police officer or arson investigator,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      8.  A person who files a claim for a disease of the lungs specified in this section after he or she retires from employment as a police officer, firefighter or arson investigator is not entitled to receive any compensation for that disease other than medical benefits.

      Sec. 2.5. NRS 617.455 is hereby amended to read as follows:

      617.455  1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

      (a) Employed in this State in a full-time salaried occupation of fire fighting or the investigation of arson for the benefit or safety of the public;

      (b) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; or

      (c) Employed in a full-time salaried occupation as a police officer in this State.

      2.  Except as otherwise provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his or her lungs and the making of an X-ray film of the employee’s lungs, upon employment, upon commencement of the coverage, once every 2 years until the employee is 40 years of age or older and thereafter on an annual basis during his or her employment.

      3.  Each volunteer firefighter who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to:

      (a) A physical examination upon employment and upon commencement of the coverage; and

      (b) The making of an X-ray film of the volunteer firefighter’s lungs once every 3 years after the physical examination that is required upon commencement of the coverage,

Ê until the volunteer firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment. As used in this subsection, “physical examination” includes the making of an X-ray film of the volunteer firefighter’s lungs but excludes a thorough test of the functioning of his or her lungs.

 


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ê2015 Statutes of Nevada, Page 2429 (Chapter 420, SB 153)ê

 

this subsection, “physical examination” includes the making of an X-ray film of the volunteer firefighter’s lungs but excludes a thorough test of the functioning of his or her lungs.

      4.  All physical examinations required pursuant to subsections 2 and 3 must be paid for by the employer.

      5.  A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer, firefighter or arson investigator for 2 years or more before the date of disablement if the disease is diagnosed and causes the disablement:

      (a) During the course of that employment;

      (b) If the person ceases employment before completing 20 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or

      (c) If the person ceases employment after completing 20 years or more of service as a police officer, firefighter or arson investigator, at any time during the person’s life.

Ê Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.

      6.  Frequent or regular use of a tobacco product within 1 year, or a material departure from a physician’s prescribed plan of care by a person within 3 months, immediately preceding the filing of a claim for compensation excludes a person who has separated from service from the benefit of the conclusive presumption provided in subsection 5.

      7.  Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after a physical examination required pursuant to subsection 2 or 3 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      [7.]8.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a firefighter, police officer or arson investigator,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      [8.]9.  A person who files a claim for a disease of the lungs specified in this section after he or she retires from employment as a police officer, firefighter or arson investigator is not entitled to receive any compensation for that disease other than medical benefits.

      Sec. 3. NRS 617.457 is hereby amended to read as follows:

      617.457  1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for [5] 2 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment [.] if the disease is diagnosed and causes the disablement:

 


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      (a) During the course of that employment;

      (b) If the person ceases employment before completing 20 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or

      (c) If the person ceases employment after completing 20 years or more of service as a police officer, firefighter or arson investigator, at any time during the person’s life.

Ê Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.

      2.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.

      3.  Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his or her employment.

      4.  During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for the volunteer firefighter is required:

      (a) Upon employment;

      (b) Upon commencement of coverage; and

      (c) Once every 3 years after the physical examination that is required pursuant to paragraph (b),

Ê until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment.

      5.  The employer of the volunteer firefighter is responsible for scheduling the physical examination. The employer shall mail to the volunteer firefighter a written notice of the date, time and place of the physical examination at least 10 days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.

      6.  Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection 5 excludes the volunteer firefighter from the benefits of this section.

      7.  The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant:

      (a) Applies to the department for the first time as a volunteer firefighter; and

      (b) Is 50 years of age or older on the date of his or her application.

 


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ê2015 Statutes of Nevada, Page 2431 (Chapter 420, SB 153)ê

 

      8.  The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant:

      (a) Paid for the physical examination in accordance with subsection 7;

      (b) Is declared physically fit to perform the duties required of a firefighter; and

      (c) Becomes a volunteer with the volunteer fire department.

      9.  Except as otherwise provided in subsection 7, all physical examinations required pursuant to subsections 3 and 4 must be paid for by the employer.

      10.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to a physical examination required pursuant to subsection 3 or 4 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      11.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a firefighter, arson investigator or police officer,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      12.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

      13.  A person who files a claim for a disease of the heart specified in this section after he or she retires from employment as a firefighter, arson investigator or police officer is not entitled to receive any compensation for that disease other than medical benefits.

      Sec. 3.5. NRS 617.457 is hereby amended to read as follows:

      617.457  1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 2 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment if the disease is diagnosed and causes the disablement:

      (a) During the course of that employment;

      (b) If the person ceases employment before completing 20 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or

      (c) If the person ceases employment after completing 20 years or more of service as a police officer, firefighter or arson investigator, at any time during the person’s life.

Ê Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.

      2.  Frequent or regular use of a tobacco product within 1 year, or a material departure from a physician’s prescribed plan of care by a person within 3 months, immediately preceding the filing of a claim for compensation excludes a person who has separated from service from the benefit of the conclusive presumption provided in subsection 1.

 


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ê2015 Statutes of Nevada, Page 2432 (Chapter 420, SB 153)ê

 

within 3 months, immediately preceding the filing of a claim for compensation excludes a person who has separated from service from the benefit of the conclusive presumption provided in subsection 1.

      3.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.

      [3.]4.  Except as otherwise provided in subsection [4,] 5, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his or her employment.

      [4.]5.  During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for the volunteer firefighter is required:

      (a) Upon employment;

      (b) Upon commencement of coverage; and

      (c) Once every 3 years after the physical examination that is required pursuant to paragraph (b),

Ê until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment.

      [5.]6.  The employer of the volunteer firefighter is responsible for scheduling the physical examination. The employer shall mail to the volunteer firefighter a written notice of the date, time and place of the physical examination at least 10 days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.

      [6.]7.  Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection [5] 6 excludes the volunteer firefighter from the benefits of this section.

      [7.]8.  The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant:

      (a) Applies to the department for the first time as a volunteer firefighter; and

      (b) Is 50 years of age or older on the date of his or her application.

      [8.]9.  The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant:

 

 

 

 


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ê2015 Statutes of Nevada, Page 2433 (Chapter 420, SB 153)ê

 

      (a) Paid for the physical examination in accordance with subsection [7;] 8;

      (b) Is declared physically fit to perform the duties required of a firefighter; and

      (c) Becomes a volunteer with the volunteer fire department.

      [9.]10.  Except as otherwise provided in subsection [7,] 8, all physical examinations required pursuant to subsections [3] 4 and [4] 5 must be paid for by the employer.

      [10.]11.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to a physical examination required pursuant to subsection [3] 4 or [4] 5 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      [11.]12.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a firefighter, arson investigator or police officer,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      [12.]13.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

      [13.]14. A person who files a claim for a disease of the heart specified in this section after he or she retires from employment as a firefighter, arson investigator or police officer is not entitled to receive any compensation for that disease other than medical benefits.

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

      Sec. 6.  The amendatory provisions of this act:

      1.  Apply only to disablement which occurs on or after the effective date of this section; and

      2.  Do not apply to any person who, on the effective date of this section, has completed at least 20 years of creditable service, not including any service credit purchased in a retirement system, as a police officer, firefighter, volunteer firefighter or arson investigator in this State.

      Sec. 7.  1.  This section and sections 2, 3 and 6 of this act become effective upon passage and approval.

      2.  Sections 1.5, 2.5 and 3.5 of this act become effective on January 1, 2017.

________

 

 


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ê2015 Statutes of Nevada, Page 2434ê

 

CHAPTER 421, SB 230

Senate Bill No. 230–Senator Brower (by request)

 

CHAPTER 421

 

[Approved: June 8, 2015]

 

AN ACT relating to victims of crime; removing the limitation on the amount of compensation that may be awarded to certain victims of crime, the dependents of those victims and certain members of the victim’s household; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Fund for the Compensation of Victims of Crime. (NRS 217.260) The victims of certain crimes, the dependents of those victims and certain members of the victim’s household may apply to the State Board of Examiners for compensation from the Fund for certain expenses and losses, not to exceed $100,000 per award, except that the Board may approve an additional award of not more than $50,000 after considering the amount of money remaining in the Fund and the particular circumstances of the victim. (NRS 217.100, 217.160, 217.200) This bill removes the limit on the total amount of compensation that may be awarded.

 

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 217.200 is hereby amended to read as follows:

      217.200  1.  The compensation officer may order the payment of compensation and the award of a Governor’s certificate for meritorious citizen’s service to a victim for:

      (a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing that are actually and reasonably incurred as a result of the personal injury or death of the victim;

      (b) Loss of earnings or support that is reasonably incurred as a result of the total or partial incapacity of the victim for not longer than 52 weeks;

      (c) Pecuniary loss to the dependents of a deceased victim;

      (d) Funeral expenses that are actually and reasonably incurred as a result of the death of the victim; and

      (e) Another loss which results from the personal injury or death of the victim and which the compensation officer determines to be reasonable.

      2.  The compensation officer may order the payment of compensation for a person who pays the funeral expenses of a victim.

      [3.  Except as otherwise provided in subsection 4, an award must not be made for more than $100,000.

      4.  Upon approval of the Board, an additional award of not more than $50,000 may be made to a victim. Before approving such an additional award, the Board must consider the amount of money remaining in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 and the particular circumstances of the victim.]

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ê2015 Statutes of Nevada, Page 2435ê

 

CHAPTER 422, SB 247

Senate Bill No. 247–Committee on Health and Human Services

 

CHAPTER 422

 

[Approved: June 8, 2015]

 

AN ACT relating to public health; providing for the expenditure of certain application fees; prohibiting certain expenditures for new construction by or on behalf of a health facility in certain less populated areas without the approval of the Director of the Department of Health and Human Services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Department of Health and Human Services to collect an application fee from persons who apply for approval of certain projects and services. (NRS 439A.081) Section 1 of this bill provides for the deposit of those fees and requires those fees to be used to administer the state administrative program relating to health planning and development. Section 1 also provides that the fees revert to the State General Fund if the money received from the fees collected is not spent 2 fiscal years after the fees were originally paid.

      Existing law prohibits a person from spending more than $2,000,000 or an amount specified by the Department for new construction by or on behalf of a health facility in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) without the approval of the Director of the Department. This requirement does not apply to construction for purposes unrelated to the provision of health services, renovation and maintenance, a project approved by the Legislature or the construction of a hospital in certain large unincorporated towns that do not already have a hospital. (NRS 439A.100) A person who violates this prohibition is subject to a civil penalty and the rejection of an application for a license to operate a medical facility or the suspension or revocation of such a license. (NRS 439A.310, 449.080, 449.087, 449.089, 449.160) Section 2 of this bill also prohibits any such expenditure, without the approval of the Director, for new construction by or on behalf of a health facility that will occur in an incorporated city or unincorporated town whose population is less than 25,000 that is located in a county whose population is 100,000 or more. Finally, section 2 requires the Director to consider certain criteria when deciding whether to approve a project.

 

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 439A.081 is hereby amended to read as follows:

      439A.081  1.  The Department is the agency of the State of Nevada for health planning and development, and shall carry out the state administrative program and perform the functions of health planning and development for the State in accordance with the following priorities:

      (a) Providing for the effective use of methods for controlling increases in the cost of health care;

      (b) Providing for the adequate supply and distribution of health resources;

      (c) Providing for equal access to health care of good quality at a reasonable cost; and

 


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ê2015 Statutes of Nevada, Page 2436 (Chapter 422, SB 247)ê

 

      (d) Providing education to the public regarding proper personal health care and methods for the effective use of available health services.

      2.  In order to carry out the provisions of this chapter, the Director may:

      (a) Delegate the duties of the Director and the Department pursuant to this chapter to any of the divisions of the Department;

      (b) Hire employees in the classified service;

      (c) Adopt such regulations as are necessary; and

      (d) Apply for, accept and disburse money granted by the Federal Government for the purposes of health planning and development.

      3.  The Department may, by regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of such fees must be based upon the Department’s costs of examining and acting upon the applications.

      4.  Any application fees collected pursuant to subsection 3 are not refundable and must be deposited in the State Treasury and accounted for separately in the State General Fund. Any interest and income earned 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 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. Any money remaining in the account that is not committed for expenditure after 2 fiscal years following the date on which the money is paid as a fee reverts to the State General Fund. All claims against the account must be paid as other claims against the State are paid. The money in the account must be used to pay the costs of administering the state administrative program.

      5.  In developing and revising any state plan for health planning and development, the Department shall consider, among other things, the amount of money available from the Federal Government for health planning and development and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for health planning and development.

      Sec. 2.  NRS 439A.100 is hereby amended to read as follows:

      439A.100  1.  Except as otherwise provided in this section, in a county whose population is less than 100,000, or in an incorporated city or unincorporated town whose population is less than 25,000 that is located in a county whose population is 100,000 or more, no person may undertake any proposed expenditure for new construction by or on behalf of a health facility in excess of the greater of $2,000,000 or such an amount as the Department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure, without first applying for and obtaining the written approval of the Director. The Division of Public and Behavioral Health of the Department shall not issue a new license or alter an existing license for such a project unless the Director has issued such an approval.

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

      (a) Any capital expenditure for:

             (1) The acquisition of land;

             (2) The construction of a facility for parking;

             (3) The maintenance of a health facility;

             (4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;

             (5) The installation of a system to conserve energy;

 


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ê2015 Statutes of Nevada, Page 2437 (Chapter 422, SB 247)ê

 

             (6) The installation of a system for data processing or communication; or

             (7) Any other project which, in the opinion of the Director, does not relate directly to the provision of any health service;

      (b) Any project for the development of a health facility that has received legislative approval and authorization; or

      (c) A project for the construction of a hospital in an unincorporated town if:

             (1) The population of the unincorporated town is more than 24,000;

             (2) No other hospital exists in the town;

             (3) No other hospital has been approved for construction or qualified for an exemption from approval for construction in the town pursuant to this section; and

             (4) The unincorporated town is at least a 45-minute drive from the nearest center for the treatment of trauma that is licensed by the Division of Public and Behavioral Health of the Department.

Ê Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the Director shall issue a certificate which states that the project is exempt from the requirements of this section.

      3.  In reviewing an application for approval, the Director shall:

      (a) Comparatively assess applications for similar projects affecting the same geographic area; and

      (b) Base his or her decision on criteria established by the Director by regulation. The criteria must include:

             (1) The need for and the appropriateness of the project in the area to be served;

             (2) The financial feasibility of the project;

             (3) The effect of the project on the cost of health care; and

             (4) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081 [.] , including, without limitation:

                   (I) The impact of the project on other health care facilities;

                   (II) The need for any equipment that the project proposes to add, the manner in which such equipment will improve the quality of health care and any protocols provided in the project for avoiding repetitive testing;

                   (III) The impact of the project on disparate health outcomes for different populations in the area that will be served by the project;

                   (IV) The manner in which the project will expand, promote or enhance the capacity to provide primary health care in the area that will be served by the project;

                   (V) Any plan by the applicant to collect and analyze data concerning the effect of the project on health care quality and patient outcomes in the area served by the project;

                   (VI) Any plan by the applicant for controlling the spread of infectious diseases; and

                   (VII) The manner in which the applicant will coordinate with and support existing health facilities and practitioners, including, without limitation, mental health facilities, programs for the treatment and prevention of substance abuse and providers of nursing services.

      4.  The Department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the location of the project or a substantial increase in the cost of the project.

 


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ê2015 Statutes of Nevada, Page 2438 (Chapter 422, SB 247)ê

 

proposal would result in a change in the location of the project or a substantial increase in the cost of the project.

      5.  The decision of the Director is a final decision for the purposes of judicial review.

      6.  As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

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

________

CHAPTER 423, SB 341

Senate Bill No. 341–Senators Smith, Ford, Spearman, Parks; Atkinson, Denis, Kihuen and Woodhouse

 

Joint Sponsor: Assemblywoman Joiner

 

CHAPTER 423

 

[Approved: June 8, 2015]

 

AN ACT relating to dentists; establishing requirements relating to contracts between dentists and a medical discount plan; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person who wishes to offer, market, sell or engage in business as a medical discount plan in this State must be registered with the Commissioner of Insurance. (NRS 695H.080) This bill requires a medical discount plan that contracts directly with a dentist to: (1) notify the dentist whether the contract may be assigned to a third party; and (2) maintain a toll-free telephone number for the dentist to obtain information about the medical discount plan. This bill allows a contract between a medical discount plan and a dentist to be assigned only if the contract expressly authorizes the assignment of the contract. This bill also requires a medical discount plan to which a contract with a dentist is assigned to provide a notice of inclusion to the dentist and prohibits the medical discount plan from requiring the dentist to perform pursuant to the assigned contract unless such a notice is given.

 

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 1-11. (Deleted by amendment.)

      Sec. 12. Chapter 695H of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A medical discount plan that contracts directly with a dentist:

      (a) Shall notify the dentist in the contract if the contract may be assigned to a third party;

      (b) May assign the contract with the dentist to a third party only if the contract expressly authorizes the medical discount plan to assign the contract; and

      (c) Shall maintain a toll-free telephone number for the dentist to obtain information regarding the medical discount plan.

 


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ê2015 Statutes of Nevada, Page 2439 (Chapter 423, SB 341)ê

 

      2.  A medical discount plan to which a contract with a dentist is assigned shall issue a written notice of inclusion in the medical discount plan to the dentist within 30 days after the assignment of the contract. Such a notice must include:

      (a) The approximate number of members in the medical discount plan;

      (b) The corporate name of the person offering the medical discount plan;

      (c) The location and address of each office for the medical discount plan; and

      (d) The telephone number where the dentist may obtain information regarding the medical discount plan.

      3.  A medical discount plan which fails to provide the notice required by subsection 2 to a dentist may not hold the dentist responsible for performance pursuant to the assigned contract.

________

CHAPTER 424, SB 370

Senate Bill No. 370–Senators Atkinson and Spearman

 

Joint Sponsor: Assemblyman Thompson

 

CHAPTER 424

 

[Approved: June 8, 2015]

 

AN ACT relating to barbering; revising provisions relating to the examination for a license as an instructor of the practice of barbering; requiring a barber school to be owned and operated by a certain number of instructors to obtain licensure of the barber school; revising the ratio of enrolled students to instructors at a barber school; revising the number of barber’s chairs required to be on the premises of a barber school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the State Barbers’ Health and Sanitation Board to oversee the examination for a license as an instructor of the practice of barbering but prohibits the Board from administering any aspect of the examination. Section 1 also provides that the examination for a license as an instructor must include a practical demonstration and a written test. Finally, section 1 requires the Board to: (1) contract with a national organization, with limited exceptions, to administer the examination for a license as an instructor; (2) include a specific term in any such contract entered into by the Board; and (3) use only proctors who are licensed as instructors of barbering in this State and approved by a national organization to administer the practical demonstration portion of the examination.

      Sections 2.5, 5.5 and 6 of this bill require, on or after July 1, 2017, an applicant for a license to operate a barber school to submit information to the Board demonstrating that the barber school will be owned and operated by at least two instructors.

      Existing law requires an applicant for a license as an instructor who fails to pass the examination for licensure to complete not more than 250 hours of further study before he or she is authorized to retake the examination. (NRS 643.110) Section 2 of this bill authorizes an applicant who fails to pass the examination to retake the examination. Section 2 further provides that such an applicant: (1) is not required to complete further study in a barber school as a prerequisite to retaking the examination if the applicant retakes the examination not later than 1 year after taking the initial examination; and (2) is required to complete 250 hours of further study in a barber school before retaking the examination if the applicant retakes the examination later than 1 year after taking the initial examination.

 


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ê2015 Statutes of Nevada, Page 2440 (Chapter 424, SB 370)ê

 

complete further study in a barber school as a prerequisite to retaking the examination if the applicant retakes the examination not later than 1 year after taking the initial examination; and (2) is required to complete 250 hours of further study in a barber school before retaking the examination if the applicant retakes the examination later than 1 year after taking the initial examination.

      Section 4 of this bill: (1) revises the ratio of students enrolled in a barber school to instructors required to be on the premises of the barber school; and (2) requires a barber school to have at least one barber’s chair for each student present during instruction in the barber school.

 

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

      1.  The examination of an applicant for a license as an instructor must include a practical demonstration and a written test that must include the subjects usually taught in barber schools approved by the Board.

      2.  The Board shall oversee the examination for a license as an instructor but shall not administer any aspect of the examination, including, without limitation, the practical demonstration or written test.

      3.  The Board shall:

      (a) Except as otherwise provided in paragraph (c), contract with the National-Interstate Council of State Boards of Cosmetology, Inc. or any other national organization approved by the Board to administer the examination for a license as an instructor;

      (b) Include as a term of any contract entered into pursuant to paragraph (a), a requirement that the organization provide the results of the examination to the applicant within 10 working days after the date of the examination; and

      (c) Use only proctors who meet the requirements of subsection 4 to administer the practical demonstration portion of the examination for a license as an instructor.

      4.  To administer the practical demonstration portion of the examination for a license as an instructor, a proctor must be:

      (a) An instructor; and

      (b) Approved by the National-Interstate Council of State Boards of Cosmetology, Inc. or any other national organization approved by the Board to administer a practical examination for persons who wish to instruct students in the practice of barbering.

      Sec. 2. NRS 643.110 is hereby amended to read as follows:

      643.110  1.  Except as otherwise provided in subsection 2, an applicant for a license as a barber who fails to pass the examination conducted by the Board must continue to practice as a licensed apprentice for an additional 3 months before he or she may retake the examination for a license as a barber.

      2.  An applicant for a license as a barber who is a cosmetologist licensed pursuant to the provisions of chapter 644 of NRS and who fails to pass the examination conducted by the Board must complete further study as prescribed by the Board, not exceeding 250 hours, in a barber school approved by the Board before he or she may retake the examination for a license as a barber.

 


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ê2015 Statutes of Nevada, Page 2441 (Chapter 424, SB 370)ê

 

      3.  An applicant for a license as an apprentice who fails to pass the examination provided for in NRS 643.080 must complete further study as prescribed by the Board in a barber school approved by the Board before he or she may retake the examination for a license as an apprentice.

      4.  An applicant for a license as an instructor who fails to pass the examination provided for in NRS 643.1775 may retake the examination for a license as an instructor. If the applicant retakes the examination:

      (a) Not later than 1 year after taking the initial examination, the applicant is not required to complete further study in a barber school before he or she may retake the examination; and

      (b) Later than 1 year after taking the initial examination, the applicant must complete 250 hours of further study [prescribed by the Board, not to exceed 250 hours,] in a barber school approved by the Board each time before he or she may retake the examination for a license as an instructor.

      Sec. 2.5. NRS 643.174 is hereby amended to read as follows:

      643.174  Upon receipt of an application to operate a barber school, the Board shall require the applicant, if the applicant is a sole proprietor, or a member, partner or officer, if the applicant is a firm, partnership or corporation, to appear personally before the Board and submit information in such form as the Board may by regulation prescribe showing:

      1.  The location of the proposed barber school and its physical facilities and equipment;

      2.  The proposed maximum number of students to be trained at any one time and the number of instructors to be provided;

      3.  The nature and terms of the applicant’s right of possession of the proposed premises, whether by lease, ownership or otherwise;

      4.  The financial ability of the applicant to operate the barber school in accordance with the requirements of this chapter and the regulations of the Board; [and]

      5.  That the barber school will be owned and operated by at least two instructors; and

      6.  Such other information as the Board considers necessary.

      Sec. 3. NRS 643.176 is hereby amended to read as follows:

      643.176  1.  The Board may adopt and enforce reasonable regulations governing:

      (a) The conduct of barber schools;

      (b) The course of study of barber schools;

      (c) [The] Except as otherwise provided in section 1 of this act, the examination of instructors;

      (d) The fee for the examination of instructors, which may not exceed [$75;] $100; and

      (e) The fee for the issuance and renewal of an instructor’s license [.] , which must not exceed $250.

      2.  The Board shall require, as a prerequisite for the renewal of an instructor’s license, continuing education in the form of seminars or other training.

      Sec. 4. NRS 643.177 is hereby amended to read as follows:

      643.177  Any person who owns, manages, operates or controls any barber school, or part thereof:

      1.  Shall:

      (a) Display a sign that may be easily seen upon entering the barber school on which is printed in bold letters “Work Performed Exclusively by Students”;

 


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ê2015 Statutes of Nevada, Page 2442 (Chapter 424, SB 370)ê

 

      (b) Have at least:

             (1) One instructor on the premises of the barber school at all times if the active enrollment of the school is [10] 20 students or less;

             (2) One additional instructor on the premises of the barber school for each [10] 20 students enrolled in the school in excess of [10] 20 students; [and]

             (3) Two instructors available to provide instruction at all times; and

             (4) One barber’s chair for each student present during instruction in the barber school;

      (c) Not allow a student to provide barbering services to members of the general public for more than 7 hours in a day or for more than 5 days in any 7-day period;

      (d) Not advertise that the barber school will charge for barbering services provided to members of the general public by students unless those barbering services are specifically advertised as services provided by students; and

      (e) Comply with all other provisions of this chapter relating to barber schools.

      2.  May charge for barbering services provided to a member of the general public by a student if the student performs those barbering services as part of the required course of study of the barber school.

      Sec. 5. NRS 643.1775 is hereby amended to read as follows:

      643.1775  The Board shall license any person as an instructor who:

      1.  Has applied to the Board in writing on the form prescribed by the Board;

      2.  Holds a high school diploma or its equivalent;

      3.  Has paid the applicable fees;

      4.  Holds a license as a barber issued by the Board;

      5.  Submits all information required to complete the application;

      6.  Has practiced not less than 5 years as a full-time licensed barber in this State, the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this State;

      7.  Has successfully completed a training program for instructors conducted by a licensed barber school which consists of not less than 600 hours of instruction within a 6-month period; and

      8.  Has passed an examination for instructors administered [by the Board] in accordance with section 1 of this act.

      Sec. 5.5.  The amendatory provisions of section 2.5 of this act do not apply to a barber school for which a license to operate the barber school is issued or renewed before July 1, 2017.

      Sec. 6.  1.  This act becomes effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act.

      2.  This section and sections 1, 2 and 3 to 5.5, inclusive, of this act become effective on January 1, 2016, for all other purposes.

      3.  Section 2.5 of this act becomes effective on July 1, 2017, for all other purposes.

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ê2015 Statutes of Nevada, Page 2443ê

 

CHAPTER 425, SB 411

Senate Bill No. 411–Senator Smith

 

Joint Sponsors: Assemblymen Benitez-Thompson; Hickey, Joiner and Sprinkle

 

CHAPTER 425

 

[Approved: June 8, 2015]

 

AN ACT relating to taxation; authorizing the board of trustees of a school district under specified circumstances to adopt a resolution establishing the formation of a Public Schools Overcrowding and Repair Needs Committee to recommend the imposition of certain taxes to fund the capital projects of the school district; providing that if such a Committee is formed and submits its recommendations to the board of county commissioners within the time prescribed, the board of county commissioners is required to submit a question to the voters at the 2016 General Election asking whether the recommended taxes should be imposed in the county; requiring the board of county commissioners to adopt an ordinance imposing any such taxes that are approved by the voters; providing for the use of the proceeds of such taxes for certain school purposes; providing for the prospective expiration of the authority of a board of trustees to establish such a Committee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the board of trustees of a school district to establish by resolution a Public Schools Overcrowding and Repair Needs Committee to recommend the imposition of certain taxes for consideration by the voters at the 2016 General Election to fund the capital projects of the school district. Under this bill, a Committee may not be established by the board of trustees of a school district in a county in which there is imposed for the benefit of a school district a tax on the gross receipts from the rental of transient lodging or a tax on transfers of real property, or both (currently Clark County).

      Sections 2 and 2.5 of this bill provide that if such a Committee is established, the Committee may recommend the imposition of one or more of the following taxes: (1) an additional tax on the gross receipts from the rental of transient lodging in the county; (2) a supplemental governmental services tax for the privilege of operating a vehicle upon the public streets, roads and highways of the county; (3) an additional tax on the transfer of real property in the county; (4) an additional sales and use tax in the county; and (5) an additional property tax in the county. The recommendations of the Committee must specify the rate or rates for each of the recommended taxes and may specify the period during which the recommended taxes will be imposed. If the Committee submits its recommendations to the board of county commissioners by April 2, 2016, the board of county commissioners is required to submit a question to the voters at the November 8, 2016, General Election asking whether any of the taxes recommended by the Committee should be imposed in the county. If a majority of the voters approve the question, the board of county commissioners is required to impose the approved taxes at the rate specified in the question submitted to the voters. If a majority of the voters approve the imposition of an additional property tax, the additional rate is exempt from the partial abatement of property taxes on certain property and the requirement that taxes ad valorem not exceed $3.64 on each $100 of assessed valuation.

 


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ê2015 Statutes of Nevada, Page 2444 (Chapter 425, SB 411)ê

 

      Section 3 of this bill provides that the proceeds resulting from the imposition of such taxes: (1) must be deposited in the fund for capital projects of the school district; and (2) may be pledged to the payment of the principal and interest on bonds or other obligations issued for certain school purposes.

      Section 4 of this bill provides that the provisions of this bill authorizing the board of trustees of a school district to establish such a Public Schools Overcrowding and Repair Needs Committee expire by limitation on April 2, 2016.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The board of trustees of a school district, other than a school district located in a county in which there is imposed for the benefit of the school district a tax on the gross receipts from the rental of transient lodging or a tax on transfers of real property pursuant to chapter 375 of NRS, or both, may, by resolution, establish a Public Schools Overcrowding and Repair Needs Committee to recommend the imposition of one or more of the taxes described in section 2.5 of this act for consideration by the voters at the 2016 General Election to fund the capital projects of the school district. If such a resolution is adopted, the Committee must be appointed consisting of:

      (a) The superintendent of schools of the school district, who serves ex officio, or his or her designee.

      (b) One Senator whose legislative district includes all or part the school district. If the legislative district of more than one Senator includes the school district, those Senators shall jointly appoint the member to serve.

      (c) One member of the Assembly whose legislative district includes all or part of the school district. If the legislative district of more than one member of the Assembly includes the school district, those members of the Assembly shall jointly appoint the member to serve.

      (d) One member who is a representative of the Nevada Association of Realtors, appointed by that Association.

      (e) One member who is a representative of the Retail Association of Nevada, appointed by that Association.

      (f) One member appointed by the board of county commissioners.

      (g) If the county includes one or more cities, the mayor of each such city shall appoint a member to serve.

      (h) If applicable to the county, one member of the oversight panel for school facilities established pursuant to NRS 393.092 or 393.096, appointed by the chair of the panel.

      (i) One member who is a representative of a labor organization, appointed by the State of Nevada AFL-CIO.

      (j) One member who is a representative of the largest organization of licensed educators in the county, appointed by that organization.

      (k) One member of the general public, appointed by the parent-teacher association with the largest membership in the county.

      (l) One member who represents economic development in the county, appointed by the regional development authority, as defined in NRS 231.009, for that county.

      (m) One member who represents gaming, appointed by the gaming association with the largest membership in the county or, if there are no members of a gaming association in the county, the board of trustees.

 


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ê2015 Statutes of Nevada, Page 2445 (Chapter 425, SB 411)ê

 

      (n) One member who represents business or commercial interests, other than gaming, appointed by the local chamber of commerce with the largest membership in the county or, if there is no local chamber of commerce in the county, the board of trustees.

      (o) One member who represents homebuilders in the county, appointed by the association of homebuilders with the largest membership in the county or, if there are no members of an association of homebuilders in the county, the board of trustees.

      2.  The members appointed pursuant to paragraphs (d) to (o), inclusive, of subsection 1 must be residents of the county.

      3.  Any vacancy occurring in the appointed membership of a Committee established pursuant to subsection 1 must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      4.  If a Committee is established pursuant to subsection 1, the Committee shall hold its first meeting upon the call of the superintendent of schools of the school district as soon as practicable after the appointments are made pursuant to subsection 1. At the first meeting of the Committee, the members of the Committee shall elect a chair.

      5.  A majority of a Committee established pursuant to subsection 1 constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Committee.

      6.  If a Committee is established pursuant to subsection 1, the superintendent of schools of the school district shall provide administrative support to the Committee.

      Sec. 2.  1.  If a Public Schools Overcrowding and Repair Needs Committee is established pursuant to subsection 1 of section 1 of this act, such a Committee shall, on or before April 2, 2016:

      (a) Prepare recommendations for the imposition of one or more of the taxes described in section 2.5 of this act in the county to provide funding for the school district for the purposes set forth in subsection 1 of NRS 387.335. The recommendations must specify the proposed rate or rates for each of the recommended taxes and may specify the period during which one or more of the recommended taxes will be imposed.

      (b) Submit the recommendations to the board of county commissioners.

      2.  Upon the receipt of recommendations pursuant to subsection 1, the board of county commissioners shall, at the General Election on November 8, 2016, submit a question to the voters of the county asking whether any of the recommended taxes should be imposed in the county. The question submitted to the voters of the county must specify the proposed rate or rates for each of the recommended taxes and the period during which each of the recommended taxes will be imposed, if the period was specified in the recommendations submitted pursuant to subsection 1. If the question submitted to the voters pursuant to this subsection asks the voters of the county whether to impose the tax described in subsection 5 of section 2.5 of this act, the question must state that any such tax imposed is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

      3.  If a majority of the voters voting on the question submitted to the voters pursuant to subsection 2 vote affirmatively on the question:

 


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ê2015 Statutes of Nevada, Page 2446 (Chapter 425, SB 411)ê

 

      (a) The board of county commissioners shall impose the recommended tax or taxes in accordance with the provisions of section 2.5 of this act and at the rate or rates specified in the question submitted to the voters pursuant to subsection 2.

      (b) If the question recommended the imposition of the tax described in subsection 5 of section 2.5 of this act:

             (1) Any such tax imposed is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

             (2) The provisions of NRS 361.453 do not apply to any such tax imposed.

      (c) The tax or taxes shall be imposed notwithstanding the provisions of any specific statute to the contrary and, except as otherwise specifically provided in sections 1 to 3, inclusive, of this act, such tax or taxes are not subject to any limitations set forth in any statute which authorizes the board of county commissioners to impose such tax or taxes including, without limitation, any limitations on the maximum rate or rates which may be imposed or the duration of the period during which such taxes may be imposed.

      Sec. 2.5.  1.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a tax on the gross receipts from the rental of transient lodging, in addition to all other taxes imposed on the revenue from the rental of transient lodging, the board of county commissioners shall impose a tax on the gross receipts from the rental of transient lodging at the rate specified in the question presented to the voters pursuant to section 2 of this act. The tax must be imposed throughout the county, including its incorporated cities, upon all persons in the business of providing transient lodging. The tax must be administered and enforced in the same manner as similar taxes imposed pursuant to chapter 244 of NRS on the revenue from the rental of transient lodging are administered and enforced.

      2.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a supplemental governmental services tax for the privilege of operating a vehicle upon the public streets, roads and highways of the county, the board of county commissioners shall, in addition to any supplemental governmental services tax imposed pursuant to NRS 371.043 or 371.045, impose a supplemental governmental services tax at the rate specified in the question presented to the voters pursuant to section 2 of this act on each vehicle based in the county except:

      (a) A vehicle exempt from the governmental services tax pursuant to chapter 371 of NRS; or

      (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

Ê The tax must be administered and enforced in the same manner as the taxes imposed pursuant NRS 371.043 and 371.045 are administered and enforced.

      3.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a tax on transfers of real property, in addition to all other taxes imposed on transfers of real property pursuant to chapter 375 of NRS, the board of county commissioners shall impose a tax at the rate specified in the question presented to the voters pursuant to section 2 of this act on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.

 


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ê2015 Statutes of Nevada, Page 2447 (Chapter 425, SB 411)ê

 

chapter 375 of NRS, the board of county commissioners shall impose a tax at the rate specified in the question presented to the voters pursuant to section 2 of this act on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100. The amount of the tax must be computed on the basis of the value of the real property that is the subject of the transfer or land sale installment contract as declared pursuant to NRS 375.060. The county recorder shall collect the tax in the manner provided in NRS 375.030.

      4.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, the board of county commissioners shall impose the tax at the rate specified in the question presented to the voters pursuant to section 2 of this act. The tax must be administered and enforced in the same manner as the taxes imposed pursuant to chapter 374 of NRS are administered and enforced.

      5.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending an increase in the rate of the tax levied in accordance with NRS 387.195, the board of county commissioners shall, in addition to any tax levied in accordance with NRS 387.195, levy a tax on the assessed valuation of taxable property within the county in the amount described in the question presented to the voters pursuant to section 2 of this act. The tax must be administered and enforced in the same manner as the tax imposed pursuant to NRS 387.195 is administered and enforced.

      Sec. 3.  The proceeds of any tax or taxes imposed pursuant to sections 2 and 2.5 of this act:

      1.  Must be deposited in the school district’s fund for capital projects established pursuant to NRS 387.328, to be held and, except as otherwise provided in subsection 2, expended in the same manner as other money deposited in that fund.

      2.  May be pledged to the payment of principal and interest on bonds or other obligations issued for one or more of the purposes set forth in NRS 387.335. The proceeds of such taxes so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of the school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

      3.  May not be used:

      (a) To settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations; or

      (b) To adjust the district-wide schedule of salaries and benefits of the employees of a school district.

      Sec. 4.  1.  This act becomes effective upon passage and approval.

      2.  Section 1 of this act expires by limitation on April 2, 2016.

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ê2015 Statutes of Nevada, Page 2448ê

 

CHAPTER 426, SB 412

Senate Bill No. 412–Senators Harris and Lipparelli

 

CHAPTER 426

 

[Approved: June 8, 2015]

 

AN ACT relating to taxation; providing for a credit against taxes imposed on certain employers if an employer matches the contribution of an employee to certain college savings plans; providing for the amount of such a credit; providing for the credit to be applied after the year during which the credit was earned in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for college savings plans offered through the Nevada Higher Education Prepaid Tuition Program and the Nevada College Savings Program. Both programs allow persons to pay into investment funds offered by the State, with money paid into the fund and any interest earned on that money available for the costs of higher education. (Chapter 353B of NRS)

      This bill provides a tax credit to certain employers who match a contribution of an employee to one of the college savings plans. Sections 2 and 9 of this bill authorize the tax credit for employers that are financial institutions and are liable for a tax pursuant to chapter 363A of NRS, and sections 3 and 10 of this bill authorize the tax credit for employers liable for a tax pursuant to chapter 363B of NRS. The tax credit is in an amount equal to 25 percent of the matching contribution, not to exceed $500 per contributing employee per year, and any unused credits may be carried forward for 5 years.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  An employer is entitled to a credit against the excise tax imposed on the employer pursuant to NRS 363A.130 if the employer makes a contribution to a savings trust account in the Nevada College Savings Trust Fund created by NRS 353B.340 and the contribution matches a contribution made to the savings trust account by an employee of the employer.

      2.  A credit described in subsection 1 must be in an amount equal to 25 percent of the matching contribution but may not exceed $500 per contributing employee per year.

      3.  A credit described in subsection 1 may not be applied retroactively. If the amount of a credit exceeds the tax liability of an employer for a year, the excess may be applied to the tax liability of the employer for 5 years after the year in which the matching contribution was made. A credit applied pursuant to this subsection must be applied during the earliest year for which the employer has a tax liability. If credits for more than 1 year are available to an employer pursuant to this subsection, the credit from the earliest year must be applied first.

 


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ê2015 Statutes of Nevada, Page 2449 (Chapter 426, SB 412)ê

 

      4.  An employer claiming a credit pursuant to this section shall maintain any record required by the Department regarding the matching contribution for which the credit is claimed.

      5.  A contribution made by an employer as described in subsection 1 is the property of the employee whose contribution is being matched and may not be claimed in any manner by the employer.

      6.  As used in this section, “employer” has the meaning ascribed to it in NRS 363A.030.

      Sec. 3. 1.  An employer is entitled to a credit against the excise tax imposed on the employer pursuant to NRS 363B.110 if the employer makes a contribution to a savings trust account in the Nevada College Savings Trust Fund created by NRS 353B.340 and the contribution matches that made to the savings trust account by an employee of the employer.

      2.  A credit described in subsection 1 must be in an amount equal to 25 percent of the matching contribution but may not exceed $500 per contributing employee per year.

      3.  A credit described in subsection 1 may not be applied retroactively. If the amount of a credit exceeds the tax liability of an employer for a year, the excess may be applied to the tax liability of the employer for 5 years after the year in which the matching contribution was made. A credit applied pursuant to this subsection must be applied during the earliest year for which the employer has a tax liability. If credits for more than 1 year are available to an employer pursuant to this subsection, the credit from the earliest year must be applied first.

      4.  An employer claiming a credit pursuant to this section shall maintain any record required by the Department regarding the matching contribution for which the credit is claimed.

      5.  A contribution made by an employer as described in subsection 1 is the property of the employee whose contribution is being matched and may not be claimed in any manner by the employer.

      6.  As used in this section, “employer” has the meaning ascribed to it in NRS 363B.030.

      Sec. 4. 1.  The Department shall adopt regulations to implement the provisions of sections 2 and 3 of this act.

      2.  The regulations adopted pursuant to this section:

      (a) Must include, without limitation, procedures for claiming a credit provided for by section 2 and 3 of this act.

      (b) Must not include any requirement that the Board of Trustees of the College Savings Plans of Nevada created by NRS 353B.005 submit any reports to the Department regarding the contributions described in sections 2 and 3 of this act.

      3.  Any regulations adopted pursuant to this section regarding any deadline by which an employer, as that term is defined in NRS 363A.030 or 363B.030, must make a contribution in order to claim a credit provided for by section 2 and 3 of this act must, to the extent practicable, be consistent with any regulations adopted pursuant to this title regarding any similar deadline by which such an employer must make a contribution to a plan authorized by 26 U.S.C. § 401(k).

      Sec. 5. NRS 353B.090 is hereby amended to read as follows:

      353B.090  1.  The Board shall develop the Nevada Higher Education Prepaid Tuition Program for the prepayment of tuition at a guaranteed rate which is established based on the annual actuarial study required pursuant to NRS 353B.190 for undergraduate studies at a university, state college or community college that is a member of the System.

 


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ê2015 Statutes of Nevada, Page 2450 (Chapter 426, SB 412)ê

 

NRS 353B.190 for undergraduate studies at a university, state college or community college that is a member of the System.

      2.  The Board shall adopt regulations for the implementation of the Program, including, without limitation, regulations setting forth requirements for [residency, a] :

      (a) Residency;

      (b) A limit on the number of qualified beneficiaries [, the] ;

      (c) The termination, withdrawal and transfer of money paid into the Trust Fund [, the] ;

      (d) A payment received by the Trust Fund as a matching contribution made as described in section 9 or 10 of this act to be credited to the qualified beneficiary on whose behalf the matching contribution was made;

      (e) The time within which the money paid into the Trust Fund must be used ; [,] and [payment]

      (f) Payment schedules.

      Sec. 6. NRS 353B.140 is hereby amended to read as follows:

      353B.140  1.  The Nevada Higher Education Prepaid Tuition Trust Fund is hereby created within the State Treasury to allow the cost of tuition to be paid in advance of enrollment at an institution of higher education.

      2.  The Trust Fund consists of payments received pursuant to:

      (a) A prepaid tuition contract;

      (b) A bequest, endowment or grant from the Federal Government; [or]

      (c) A matching contribution made as described in section 9 or 10 of this act; or

      (d) Any other public or private source of money.

      3.  Money in the Trust Fund that is not expended during any biennium does not revert to the State General Fund at any time.

      Sec. 7. NRS 353B.310 is hereby amended to read as follows:

      353B.310  1.  The State Treasurer shall adopt regulations to establish and carry out the Nevada College Savings Program, which must comply with the requirements of a qualified state tuition program pursuant to 26 U.S.C. § 529.

      2.  The regulations must be consistent with the provisions of the Internal Revenue Code set forth in Title 26 of the United States Code, and the regulations adopted pursuant thereto, to ensure that the Nevada College Savings Program meets all criteria for federal tax-deferred or tax-exempt benefits, or both.

      3.  The regulations must provide for the use of savings trust agreements and savings trust accounts to apply distributions toward qualified higher education expenses at eligible educational institutions in accordance with 26 U.S.C. § 529.

      4.  The regulations must set forth requirements for a payment received by the Trust Fund as a matching contribution made as described in section 2 or 3 of this act to be credited to the savings trust account to which the contribution was made.

      5.  The regulations may include any other provisions not inconsistent with federal law that the State Treasurer determines are necessary for the efficient and effective administration of the Nevada College Savings Program and the Trust Fund.

 


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      Sec. 8. NRS 353B.340 is hereby amended to read as follows:

      353B.340  1.  The Nevada College Savings Trust Fund is hereby created.

      2.  The Trust Fund is an instrumentality of this state, and its property and income are exempt from all taxation by this state and any political subdivision thereof.

      3.  The Trust Fund consists of:

      (a) All money deposited in accordance with savings trust agreements; [and]

      (b) All money received as a matching contribution made as described in section 2 or 3 of this act; and

      (c) All earnings on the money in the Trust Fund.

      4.  Money in the Trust Fund:

      (a) Is not the property of this state, and this state has no claim to or interest in such money; and

      (b) Must not be commingled with money of this state.

      5.  A savings trust agreement or any other contract entered into by or on behalf of the Trust Fund does not constitute a debt or obligation of this state, and no account owner is entitled to any money in the Trust Fund except for that money on deposit in or accrued to his or her account.

      6.  The money in the Trust Fund must be preserved, invested and expended solely pursuant to and for the purposes authorized by NRS 353B.300 to 353B.370, inclusive, and must not be loaned or otherwise transferred or used by this state for any other purpose.

      Sec. 9. Section 2 of this act is hereby amended to read as follows:

       Sec. 2.  1.  An employer is entitled to a credit against the excise tax imposed on the employer pursuant to NRS 363A.130 if [the] :

       (a) The employer makes a contribution to the Nevada Higher Education Prepaid Trust Fund created by NRS 353B.140 on behalf of a qualified beneficiary on whose behalf a prepaid tuition contract is drawn pursuant to NRS 353B.100 and the contribution matches a contribution made on behalf of the qualified beneficiary by an employee of the employer; or

       (b) The employer makes a contribution to a savings trust account in the Nevada College Savings Trust Fund created by NRS 353B.340 and the contribution matches a contribution made to the savings trust account by an employee of the employer.

       2.  A credit described in subsection 1 must be in an amount equal to 25 percent of the matching contribution but may not exceed $500 per contributing employee per year.

       3.  A credit described in subsection 1 may not be applied retroactively. If the amount of a credit exceeds the tax liability of an employer for a year, the excess may be applied to the tax liability of the employer for 5 years after the year in which the matching contribution was made. A credit applied pursuant to this subsection must be applied during the earliest year for which the employer has a tax liability. If credits for more than 1 year are available to an employer pursuant to this subsection, the credit from the earliest year must be applied first.

       4.  An employer claiming a credit pursuant to this section shall maintain any record required by the Department regarding the matching contribution for which the credit is claimed.

 


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ê2015 Statutes of Nevada, Page 2452 (Chapter 426, SB 412)ê

 

       5.  A contribution made by an employer as described in subsection 1 is the property of the employee whose contribution is being matched and may not be claimed in any manner by the employer.

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

       (a) “Employer” has the meaning ascribed to it in NRS 363A.030.

       (b) “Prepaid tuition contract” has the meaning ascribed to it in NRS 353B.030.

       (c) “Qualified beneficiary” has the meaning ascribed to it in NRS 353B.050.

      Sec. 10. Section 3 of this act is hereby amended to read as follows:

       Sec. 3.  1.  An employer is entitled to a credit against the excise tax imposed on the employer pursuant to NRS 363B.110 if [the] :

       (a) The employer makes a contribution to the Nevada Higher Education Prepaid Trust Fund created by NRS 353B.140 on behalf of a qualified beneficiary on whose behalf a prepaid tuition contract is drawn pursuant to NRS 353B.100 and the contribution matches that made on behalf of the qualified beneficiary by an employee of the employer; or

       (b) The employer makes a contribution to a savings trust account in the Nevada College Savings Trust Fund created by NRS 353B.340 and the contribution matches that made to the savings trust account by an employee of the employer.

       2.  A credit described in subsection 1 must be in an amount equal to 25 percent of the matching contribution but may not exceed $500 per contributing employee per year.

       3.  A credit described in subsection 1 may not be applied retroactively. If the amount of a credit exceeds the tax liability of an employer for a year, the excess may be applied to the tax liability of the employer for 5 years after the year in which the matching contribution was made. A credit applied pursuant to this subsection must be applied during the earliest year for which the employer has a tax liability. If credits for more than 1 year are available to an employer pursuant to this subsection, the credit from the earliest year must be applied first.

       4.  An employer claiming a credit pursuant to this section shall maintain any record required by the Department regarding the matching contribution for which the credit is claimed.

       5.  A contribution made by an employer as described in subsection 1 is the property of the employee whose contribution is being matched and may not be claimed in any manner by the employer.

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

       (a) “Employer” has the meaning ascribed to it in NRS 363B.030.

       (b) “Prepaid tuition contract” has the meaning ascribed to it in NRS 353B.030.

       (c) “Qualified beneficiary” has the meaning ascribed to it in NRS 353B.050.

      Sec. 11.  1.  This section and sections 1 to 4, inclusive, and 7 and 8 of this act become effective:

 


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      (a) 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

      (b) On January 1, 2016, for all other purposes.

      2.  Sections 5, 6, 9 and 10 of this act become effective:

      (a) 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

      (b) On July 1, 2016, for all other purposes.

________

CHAPTER 427, SB 428

Senate Bill No. 428–Committee on Finance

 

CHAPTER 427

 

[Approved: June 8, 2015]

 

AN ACT making appropriations to the State Department of Conservation and Natural Resources for the replacement of emergency response, firefighting and other critical equipment and vehicles; 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:

      1.  The Division of Forestry of the State Department of Conservation and Natural Resources, the sum of $1,140,613 for the replacement of emergency response and firefighting equipment and vehicles; and

      2.  The State Department of Conservation and Natural Resources for the forestry conservation camps, the sum of $1,795,518 for the replacement of critical equipment and vehicles, including equipment and vehicles used to respond to natural disasters and needed to move crews quickly out of dangerous situations.

      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 State Department of Conservation and Natural Resources 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 Department 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.

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ê2015 Statutes of Nevada, Page 2454ê

 

CHAPTER 428, SB 444

Senate Bill No. 444–Committee on Judiciary

 

CHAPTER 428

 

[Approved: June 8, 2015]

 

AN ACT relating to civil actions; revising provisions relating to special motions to dismiss certain claims based upon the right to petition and the right to free speech under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain provisions to deter frivolous or vexatious lawsuits (Strategic Lawsuits Against Public Participation, commonly known as “SLAPP lawsuits”). (Chapter 387, Statutes of Nevada 1997, p. 1363; NRS 41.635-41.670) A SLAPP lawsuit is characterized as a meritless suit filed primarily to discourage the named defendant’s exercise of First Amendment rights. “The hallmark of a SLAPP lawsuit is that it is filed to obtain a financial advantage over one’s adversary by increasing litigation costs until the adversary’s case is weakened or abandoned.” (Metabolic Research, Inc. v. Ferrel, 693 F.3d 795, 796 n.1 (9th Cir. 2012))

      Existing law provides that a person who engages in good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern is immune from civil liability for claims based upon that communication. (NRS 41.650) Existing law also provides that if an action is brought against a person based upon such good faith communication, the person may file a special motion to dismiss the claim. If a special motion to dismiss is filed, the court must first determine whether the moving party has established, by a preponderance of the evidence, that the claim is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern. If the court determines that the moving party has met this burden, the court must then determine whether the person who brought the claim has established by clear and convincing evidence a probability of prevailing on the claim. While the court’s ruling on the special motion to dismiss is pending and while the disposition of any appeal from that ruling is pending, the court must stay discovery. (NRS 41.660)

      Section 13 of this bill revises provisions governing a special motion to dismiss a claim that is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern. Section 13 increases from 7 days to 20 judicial days the time within which a court must rule on a special motion to dismiss. Section 13 replaces the determination of whether a person who brought the claim has established by clear and convincing evidence a probability of prevailing on the claim and instead requires a court to determine whether the person has demonstrated with prima facie evidence a probability of prevailing on the claim. Section 13 also authorizes limited discovery for the purposes of allowing a party to obtain certain information necessary to meet or oppose the burden of the party who brought the claim to demonstrate with prima facie evidence a probability of prevailing on the claim. Finally, section 13 requires the court to modify certain deadlines upon a finding that such a modification would serve the interests of justice.

 

 


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ê2015 Statutes of Nevada, Page 2455 (Chapter 428, SB 444)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:

 

      Sections 1-3, 3.5, 4, 4.5, 5-9, 9.5 and 10-12. (Deleted by amendment.)

      Sec. 12.5. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Legislature finds and declares that:

      1.  NRS 41.660 provides certain protections to a person against whom an action is brought, if the action is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern.

      2.  When a plaintiff must demonstrate a probability of success of prevailing on a claim pursuant to NRS 41.660, the Legislature intends that in determining whether the plaintiff “has demonstrated with prima facie evidence a probability of prevailing on the claim” the plaintiff must meet the same burden of proof that a plaintiff has been required to meet pursuant to California’s anti-Strategic Lawsuits Against Public Participation law as of the effective date of this act.

      Sec. 13. NRS 41.660 is hereby amended to read as follows:

      41.660  1.  If an action is brought against a person based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern:

      (a) The person against whom the action is brought may file a special motion to dismiss; and

      (b) The Attorney General or the chief legal officer or attorney of a political subdivision of this State may defend or otherwise support the person against whom the action is brought. If the Attorney General or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the Attorney General or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.

      2.  A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.

      3.  If a special motion to dismiss is filed pursuant to subsection 2, the court shall:

      (a) Determine whether the moving party has established, by a preponderance of the evidence, that the claim is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern;

      (b) If the court determines that the moving party has met the burden pursuant to paragraph (a), determine whether the plaintiff has [established by clear and convincing] demonstrated with prima facie evidence a probability of prevailing on the claim;

 

 


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ê2015 Statutes of Nevada, Page 2456 (Chapter 428, SB 444)ê

 

      (c) If the court determines that the plaintiff has established a probability of prevailing on the claim pursuant to paragraph (b), ensure that such determination will not:

            (1) Be admitted into evidence at any later stage of the underlying action or subsequent proceeding; or

             (2) Affect the burden of proof that is applied in the underlying action or subsequent proceeding;

      (d) Consider such evidence, written or oral, by witnesses or affidavits, as may be material in making a determination pursuant to paragraphs (a) and (b);

      (e) [Stay] Except as otherwise provided in subsection 4, stay discovery pending:

             (1) A ruling by the court on the motion; and

             (2) The disposition of any appeal from the ruling on the motion; and

      (f) Rule on the motion within [7] 20 judicial days after the motion is served upon the plaintiff.

      4.  Upon a showing by a party that information necessary to meet or oppose the burden pursuant to paragraph (b) of subsection 3 is in the possession of another party or a third party and is not reasonably available without discovery, the court shall allow limited discovery for the purpose of ascertaining such information.

      5.  If the court dismisses the action pursuant to a special motion to dismiss filed pursuant to subsection 2, the dismissal operates as an adjudication upon the merits.

      6.  The court shall modify any deadlines pursuant to this section or any other deadlines relating to a complaint filed pursuant to this section if such modification would serve the interests of justice.

      7.  As used in this section:

      (a) “Complaint” means any action brought against a person based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern, including, without limitation, a counterclaim or cross-claim.

      (b) “Plaintiff” means any person asserting a claim, including, without limitation, a counterclaim or cross-claim.

      Sec. 14.  The amendatory provisions of this act apply to an action commenced on or after the effective date of this act.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  This act becomes effective upon passage and approval.

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ê2015 Statutes of Nevada, Page 2457ê

 

CHAPTER 429, SB 460

Senate Bill No. 460–Committee on Education

 

CHAPTER 429

 

[Approved: June 8, 2015]

 

AN ACT relating to education; providing an alternative performance framework to evaluate certain schools which serve certain populations; providing the manner in which a school may apply to be rated using the alternative performance framework; requiring the statewide system of accountability to include a method to provide grants and other financial support to certain public schools; revising provisions relating to the revocation or termination of written charters or charter contracts; authorizing the restart of certain charter schools under a new charter contract in certain circumstances; prohibiting the Department of Education from considering a school’s annual rating pursuant to the statewide system of accountability based upon the performance of a school for the 2014-2015 school year when imposing consequences on public schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The federal No Child Left Behind Act of 2001 requires each state to have a single, statewide system of accountability applicable to all pupils. (20 U.S.C. §§ 6301 et seq.) In 2011, the United States Department of Education made it possible for states to apply to the Department for a waiver of some of the provisions of the Act. In August 2012, the Nevada Department of Education received approval from the United States Department of Education to implement an accountability system for public schools that allows for a waiver from some of the specific provisions of the Act. This approval is conditioned on the Nevada Department of Education tracking the performance of pupils in public schools, including measuring, reporting and supporting the achievement of pupils. Since the approval of the waiver, the Nevada Department of Education has developed the Nevada School Performance Framework for the statewide system of accountability for public schools. (NRS 385.347)

      Existing law requires the statewide system of accountability to: (1) include a method to rate each public school; (2) include a method to implement consequences, rewards and supports for public schools based upon the ratings; and (3) establish annual measurable objectives and performance targets for public schools. (NRS 385.3594) Section 2 of this bill requires the State Board of Education to adopt regulations that prescribe: (1) an alternative performance framework to evaluate certain schools which serve certain populations; and (2) the manner in which such schools will be included in the statewide system of accountability.

      Section 3 of this bill requires a public school, including, without limitation, a charter school, that wishes to be rated using the alternative performance framework prescribed by the State Board to request the board of trustees of the school district or sponsor of the charter school, as applicable, to apply to the State Board on behalf of the school for approval to be rated using the alternative performance framework. If approved, section 3 provides that the board of trustees of the school district or the sponsor of a charter school, as applicable, must apply to the State Board on behalf of the school to be rated using the alternative performance framework. Section 3 also prescribes eligibility requirements for a school to be rated using the alternative performance framework.

 

 


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ê2015 Statutes of Nevada, Page 2458 (Chapter 429, SB 460)ê

 

      The No Child Left Behind Act of 2001 requires each state to have a single, statewide system of accountability applicable to all pupils, challenging academic content standards and periodic examinations on those challenging academic standards. (20 U.S.C. §§ 6301 et seq.) Existing law establishes certain requirements for the statewide system of accountability for public schools. (NRS 385.3594) Section 3.25 of this bill requires the statewide system of accountability to include a method to provide grants and other financial support, to the extent that money is available from legislative appropriation, to public schools receiving one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools.

      Existing law requires the sponsor of a charter school to revoke the written charter or terminate the charter contract of a charter school if the charter school receives three consecutive annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department of Education pursuant to the statewide system of accountability for public schools. (NRS 386.5351) Section 4 of this bill instead requires the sponsor of a charter school to revoke the written charter or terminate the charter contract of a charter school or restart the charter school under a new charter contract if the charter school receives an annual rating established as the lowest possible rating indicating underperformance for any 3 out of 5 years. Section 4 requires the Department to adopt regulations governing procedures for the restart of a charter school under a new charter contract.

      Section 4 also prohibits the Department from considering a school’s annual rating pursuant to the statewide system of accountability based upon the performance of a school for the 2014-2015 school year.

 

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

      Sec. 2. 1.  The State Board shall adopt regulations that prescribe an alternative performance framework to evaluate public schools that are approved pursuant to section 3 of this act. Such regulations must include, without limitation, an alternative manner in which to evaluate such a school and the manner in which the school will be included within the statewide system of accountability set forth in NRS 385.3455 to 385.3891, inclusive.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

      (a) The progress of pupils enrolled in a public school for which an alternative performance framework has been approved pursuant to section 3 of this act will be accounted for within the statewide system of accountability; and

      (b) To report the results of pupils enrolled in such a public school on the examinations administered pursuant to NRS 389.550 and, if applicable for the grade levels of the pupils enrolled, the examinations administered pursuant to NRS 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807.

      Sec. 3. 1.  A public school, including, without limitation, a charter school, that wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to section 2 of this act must request the board of trustees of the school district or sponsor of the charter school, as applicable, to apply to the State Board on behalf of the school for approval to be rated using the alternative performance framework.

 


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ê2015 Statutes of Nevada, Page 2459 (Chapter 429, SB 460)ê

 

charter school, as applicable, to apply to the State Board on behalf of the school for approval to be rated using the alternative performance framework.

      2.  The board of trustees of a school district or the sponsor of a charter school, as applicable, may apply to the State Board on behalf of a school for the school to be rated using the alternative performance framework by submitting a form prescribed by the Department.

      3.  A school is eligible to be rated using the alternative performance framework if:

      (a) The school specifies that the mission of the school is to serve pupils who:

             (1) Have been expelled or suspended from a public school, including, without limitation, a charter school;

             (2) Have been deemed to be a habitual disciplinary problem pursuant to NRS 392.4655;

             (3) Are academically disadvantaged;

             (4) Have been adjudicated delinquent;

             (5) Have been adjudicated to be in need of supervision for a reason set forth in NRS 62B.320; or

             (6) Have an individualized education program; and

      (b) At least 75 percent of the pupils enrolled at the school fall within one or more of the categories listed in paragraph (a).

      4.  As used in this section, “academically disadvantaged” includes, without limitation, being retained in the same grade level two or more times or having a deficiency in the credits required to graduate on time.

      Sec. 3.25. NRS 385.3594 is hereby amended to read as follows:

      385.3594  1.  The Department shall make every effort to obtain the approval necessary from the United States Department of Education to ensure that the statewide system of accountability for public schools complies with all requirements for the receipt of federal money under the Elementary and Secondary Education Act of 1965, 20 U.S.C. §§ 6301 et seq., as amended.

      2.  The statewide system of accountability applies to all public schools, regardless of Title I status, and must:

      (a) Include a method to, on an annual basis, rate each public school based upon the performance of the school and based upon whether each public school meets the annual measurable objectives and performance targets established pursuant to the statewide system of accountability;

      (b) Include a method to implement consequences, rewards and supports for public schools based upon the ratings; [and]

      (c) Include a method to provide grants and other financial support, to the extent that money is available from legislative appropriation, to public schools receiving one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and

      (d) Establish annual measurable objectives and performance targets for public schools and performance targets for specific groups of pupils, including, without limitation, pupils who are economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are limited English proficient. The annual measurable objectives and performance targets must:

 


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ê2015 Statutes of Nevada, Page 2460 (Chapter 429, SB 460)ê

 

             (1) Be based primarily upon the measurement of the progress and proficiency of pupils on the examinations administered pursuant to NRS 389.550 or 389.805, as applicable; and

             (2) For high schools, include the rate of graduation and the rate of attendance.

      3.  The statewide system of accountability for public schools may include a method to:

      (a) On an annual basis, rate school districts based upon the performance of the public schools within the school district and whether those public schools meet the annual measurable objectives and performance targets established pursuant to the statewide system of accountability; and

      (b) Implement consequences, rewards and supports for school districts based upon the ratings.

      Sec. 3.5. NRS 386.515 is hereby amended to read as follows:

      386.515  1.  The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted by the Department pursuant to NRS 386.540. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

      2.  The State Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State Public Charter School Authority pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

      3.  A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department pursuant to NRS 386.540. An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor charter schools.

      4.  Each sponsor of a charter school shall carry out the following duties and powers:

      (a) Evaluating applications to form charter schools as prescribed by NRS 386.525;

      (b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;

      (c) Declining to approve applications to form charter schools that do not satisfy the requirements of NRS 386.525;

      (d) Negotiating and executing charter contracts pursuant to NRS 386.527;

      (e) Monitoring, in accordance with NRS 386.490 to 386.649, inclusive, and in accordance with the terms and conditions of the applicable charter contract, the performance and compliance of each charter school sponsored by the entity; and

 


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ê2015 Statutes of Nevada, Page 2461 (Chapter 429, SB 460)ê

 

      (f) Determining whether the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the charter contract should be denied or whether the written charter should be revoked or the charter contract terminated [,] or restarted, as applicable, in accordance with NRS 386.530, 386.535 or 386.5351, as applicable.

      5.  Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools. In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools. The policies and practices must include, without limitation:

      (a) The organizational capacity and infrastructure of the sponsor for sponsorship of charter schools, which must not be described as a limit on the number of charter schools the sponsor will approve;

      (b) The procedure and criteria for evaluating charter school applications in accordance with NRS 386.525 and for the renewal of charter contracts pursuant to NRS 386.530;

      (c) A description of how the sponsor will maintain oversight of the charter schools it sponsors; and

      (d) A description of the process of evaluation for the charter schools it sponsors in accordance with NRS 386.610.

      6.  Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entity’s authority to sponsor charter schools.

      Sec. 4. NRS 386.5351 is hereby amended to read as follows:

      386.5351  1.  The sponsor of a charter school shall revoke the written charter or terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school receives three [consecutive] annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools [.] , for any 3 out of 5 years. A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school [for any] must not be included in the count of annual ratings for the purposes of this subsection for:

      (a) Any school year before the 2013-2014 school year [must not be included in the count of consecutive annual ratings for the purposes of this subsection.] ; and

      (b) The 2014-2015 school year.

      2.  If a written charter is revoked or a charter contract is terminated pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after revoking the written charter or terminating the charter contract [.] or restarting the charter school.

      3.  The provisions of NRS 386.535 do not apply to the revocation of a written charter or termination of a charter contract or restart of the charter school pursuant to this section.

      4.  The Department shall adopt regulations governing procedures to restart a charter school under a new charter contract pursuant to subsection 1. Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.

 


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a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.

      Sec. 5. (Deleted by amendment.)

      Sec. 6.  This act becomes effective on July 1, 2015.

________

CHAPTER 430, SB 488

Senate Bill No. 488–Committee on Finance

 

CHAPTER 430

 

[Approved: June 8, 2015]

 

AN ACT relating to animals; authorizing the State Department of Agriculture to establish by regulation requirements for the registration of certain animal remedies, veterinary biologics and pharmaceuticals for veterinary purposes with the State Department of Agriculture; requiring the licensing of manufacturers, distributors and guarantors of commercial feed by the Department; requiring a licensee to submit certain fees and reports to the Department on an annual basis; creating the Commercial Feed Account in the State General Fund; authorizing the Department to conduct certain inspections and audits; establishing labeling requirements for commercial feed manufactured, distributed or guaranteed in this State; prohibiting the misbranding, adulteration or reuse of packaging of commercial feed; requiring the Department to publish certain information on an annual basis; making various other changes relating to commercial feed; requiring the Department to establish fees; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1-12 of this bill authorize the State Department of Agriculture to establish, by regulation, a program to carry out federal regulations concerning certain animal remedies, veterinary biologics and pharmaceuticals for veterinary purposes. Section 8 of this bill requires the regulations to provide that any person wishing to sell certain animal remedies, veterinary biologics and pharmaceuticals for veterinary purposes must register such products with the Department. Section 8 also requires the regulations to provide for: (1) certain application requirements for the registration of animal remedies, veterinary biologics and veterinary pharmaceuticals with the Department; and (2) a reasonable annual registration fee for each product. Section 10 of this bill requires any fee collected for the registration of such products to be deposited in the Livestock Inspection Account. Section 11 of this bill imposes a civil penalty on a person failing to register such products not to exceed: (1) $250 for a first offense; (2) $500 for a second offense; and (3) $1,000 for each subsequent offense. Under section 11: (1) fifty percent of the penalties collected must be used to fund a program to provide loans to persons who are 21 years of age or less and who are engaged in agriculture; and (2) the other 50 percent of the penalties collected must be deposited in the Account for the Control of Weeds.

      Existing law establishes certain requirements for the labeling of commercial feed for livestock in this State. (NRS 587.690) Sections 16-46 of this bill enact new provisions relating to the labeling of commercial feed.

 


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      Section 28 of this bill provides that it is unlawful for a person to manufacture, distribute or act as a guarantor of commercial feed in this State without a license issued by the State Department of Agriculture. Section 29 of this bill establishes certain requirements to obtain such a license.

      Section 34 of this bill requires each licensee to submit to the Department on a quarterly basis certain fees and a report that includes a statement of the amount of commercial feed manufactured, distributed or guaranteed, as applicable, by the licensee in the immediately preceding calendar quarter.

      Section 35 of this bill creates the Commercial Feed Account in the State General Fund and sets forth permissible uses of money in the Account.

      Sections 36-38 of this bill authorize a representative of the Department to conduct certain inspections or audits related to commercial feed.

      Section 39 of this bill sets forth requirements for labeling of commercial feed. Section 40 of this bill prohibits misbranding commercial feed and sets forth the circumstances in which commercial feed is deemed to be misbranded. Section 41 of this bill prohibits the adulteration of commercial feed and sets forth the circumstances in which commercial feed is deemed to be adulterated. Section 42 of this bill generally prohibits the reuse of packaging of commercial feed.

      Section 43 of this bill imposes a civil penalty on a person who violates any provision of sections 16-46 of this bill and any regulations adopted pursuant thereto relating to commercial feed, in an amount not to exceed: (1) for a first offense, $250; (2) for a second offense, $500; and (3) for a third or subsequent offense, $1,000.

      Section 44 of this bill requires the Department to publish annually certain information relating to commercial feed.

 

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 50 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 13, 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 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  (Deleted by amendment.)

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

      Sec. 5. “Director” means the Director of the Department.

      Secs. 6 and 7.  (Deleted by amendment.)

      Sec. 8. 1.  The Department may establish, by regulation, a program to implement the requirements of federal regulations concerning veterinary feed directives, as defined in 21 U.S.C. § 354, including, without limitation, requirements for the registration of any animal remedy, veterinary biologic or pharmaceutical, as those terms are defined in those federal regulations.

      2.  The regulations adopted by the Department pursuant to subsection 1 must provide that:

      (a) Except as otherwise provided in this paragraph, no person shall sell, offer or expose for sale, or deliver to a user, an animal remedy, veterinary biologic or pharmaceutical, in package or in bulk, which has not been registered with the Department pursuant to this chapter and the regulations adopted pursuant thereto. Any product registered pursuant to NRS 586.010 to 586.450, inclusive, or under the Federal Insecticide,

 


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Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq., is not subject to the provisions of this chapter and the regulations adopted pursuant thereto.

      (b) Except as otherwise provided by law, the manufacturer of each brand of animal remedy, veterinary biologic and pharmaceutical to be sold in this State, whether in package or in bulk, shall register such products with the Department annually pursuant to this chapter and the regulations adopted pursuant thereto. The regulations may authorize a manufacturer who sells more than one animal remedy, veterinary biologic or pharmaceutical in this State to register all such products with one application.

      (c) An application for registration of an animal remedy, veterinary biologic or pharmaceutical must be made on forms provided by the Department and must be accompanied by a reasonable annual registration fee established by the Department by regulation for each animal remedy, veterinary biologic and pharmaceutical.

      (d) An application pursuant to paragraph (c) must:

             (1) Be filed on or before July 1 of each year; and

             (2) Include a list of all animal remedies, veterinary biologics and pharmaceuticals that the applicant intends to market in this State during the following fiscal year.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10. The Department shall deposit all fees collected pursuant to this chapter in the Livestock Inspection Account created by NRS 561.344.

      Sec. 11. 1.  Any person violating the provisions of this chapter is subject to a civil penalty not to exceed:

      (a) For a first offense, $250.

      (b) For a second offense, $500.

      (c) For a third or subsequent offense, $1,000.

      2.  Of the money collected by the Department from a civil penalty pursuant to subsection 1:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or less; and

      (b) The remaining 50 percent must be deposited in the Account for the Control of Weeds created by NRS 555.035.

      Sec. 12. The Director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this chapter and the regulations adopted pursuant thereto.

      Sec. 13.  (Deleted by amendment.)

      Sec. 13.5. NRS 561.344 is hereby amended to read as follows:

      561.344  1.  The Livestock Inspection Account is hereby created in the State General Fund for the use of the Department.

      2.  The following special taxes, fees and other money must be deposited in the Livestock Inspection Account:

      (a) All special taxes on livestock as provided by law.

      (b) Fees and other money collected pursuant to the provisions of chapter 564 of NRS.

      (c) Fees collected pursuant to the provisions of chapter 565 of NRS.

      (d) Fees collected pursuant to the provisions of sections 2 to 13, inclusive, of this act.

      (e) Unclaimed proceeds from the sale of estrays and feral livestock by the Department pursuant to NRS 569.005 to 569.130, inclusive, or proceeds required to be deposited in the Livestock Inspection Account pursuant to a cooperative agreement established pursuant to NRS 569.031 for the management, control, placement or disposition of estrays and feral livestock.

 


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required to be deposited in the Livestock Inspection Account pursuant to a cooperative agreement established pursuant to NRS 569.031 for the management, control, placement or disposition of estrays and feral livestock.

      [(e)](f) Fees collected pursuant to the provisions of chapter 573 of NRS.

      [(f)](g) Fees collected pursuant to the provisions of chapter 576 of NRS.

      [(g)](h) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of animals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 571 of NRS.

      3.  Expenditures from the Livestock Inspection Account must be made only for carrying out the provisions of this chapter and chapters 564, 565, 569, 571, 573 and 576 of NRS [.] and sections 2 to 13, inclusive, of this act.

      4.  The interest and income earned on the money in the Livestock Inspection Account, after deducting any applicable charges, must be credited to the Account.

      Sec. 14. (Deleted by amendment.)

      Sec. 14.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.

 


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463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, and section 34 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

 


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

      Sec. 15. Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 46, inclusive, of this act.

      Sec. 16.  As used in sections 16 to 46, inclusive of this act, unless the context otherwise requires, the words and terms defined in sections 17 to 26, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 17. 1.  “Commercial feed” means all materials or combinations of materials which are distributed or intended for distribution for use as feed or for mixing in feed. The term includes, without limitation, pet food, specialty pet food and mineral feed.

      2.  The term does not include:

      (a) Unmixed whole seeds, including, without limitation, unmixed whole seeds which are physically altered, if such seeds are not chemically changed or adulterated.

      (b) Commodities, including, without limitation, hay, straw, stover, silage, cobs, husks and hulls and individual chemical compounds and substances if those commodities, compounds or substances are not intermixed, mixed with other materials or adulterated.

      Sec. 18. 1.  “Distribute” means:

      (a) To offer for sale, sell, exchange or barter commercial feed; or

      (b) To supply, furnish or otherwise provide commercial feed to a contract feeder.

      2.  As used in this section, “contract feeder” has the meaning ascribed to it in section 27 of this act.

      Sec. 19. “Drug” means any substance or article other than feed that is intended:

      1.  For use in the diagnosis, cure, mitigation, treatment or prevention of disease in an animal; or

      2.  To affect the structure or any function of an animal’s body.

      Sec. 20. “Guarantor” means the person who is indicated on the label of commercial feed as having verified the accuracy of the information contained on the label relating to the ingredients, substances and elements contained in the commercial feed.

      Sec. 21. “Label” means any written, printed or graphic representation:

      1.  On or affixed to the container in which commercial feed is distributed; or

      2.  On the invoice or delivery slip accompanying commercial feed.

      Sec. 22. “Licensee” means a person who has obtained a license pursuant to section 28 of this act.

      Sec. 23. “Manufacture” means to grind, mix, blend or further process commercial feed for distribution.

      Sec. 24. “Mineral feed” means commercial feed primarily intended to supply mineral elements or inorganic nutrients.

      Sec. 25. “Pet food” means any commercial feed prepared and distributed for consumption by domesticated dogs or cats.

      Sec. 26. “Specialty pet food” means any commercial feed prepared and distributed for consumption by any domesticated animal kept primarily for personal enjoyment, other than a dog or cat.

 


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      Sec. 27. 1.  The provisions of sections 16 to 46, inclusive, of this act do not apply to customer-formula feed, or a manufacturer, distributor or guarantor thereof, or a contract feeder.

      2.  As used in this section:

      (a) “Contract feeder” means a person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished or otherwise provided to the person and whereby the person’s remuneration is determined in whole or in part by feed consumption, mortality, profits or the amount or quality of the product.

      (b) “Customer-formula feed” means commercial feed which consists of a mixture of commercial feeds or ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

      Sec. 28. 1.  Except as otherwise provided in subsection 2:

      (a) It is unlawful for a person to manufacture, distribute or act as a guarantor of commercial feed in this State unless the person has been issued by the Department a license pursuant to section 30 of this act; and

      (b) A person who manufactures, distributes or acts as a guarantor of commercial feed must obtain a license from the Department for each facility in this State:

             (1) Where he or she intends to manufacture or distribute commercial feed.

             (2) For which he or she is a guarantor of any or all of the commercial feed that is manufactured at or distributed from the facility.

      2.  A person is not required to obtain a license pursuant to subsection 1 if he or she conducts only retail sales of commercial feed and the packaging of the commercial feed includes a label indicating that the commercial feed is from a manufacturer or distributor who is licensed pursuant to subsection 1.

      Sec. 29. 1.  A person applying for a license to manufacture, distribute or be a guarantor of commercial feed must:

      (a) File an application with the Department on a form prescribed and furnished by the Department; and

      (b) Pay the fee for the issuance of a license established by the Department pursuant to subsection 2.

      2.  The Department shall establish a fee for the issuance and annual renewal of a license required by section 28 of this act in an amount not to exceed $75.

      3.  A license expires on December 31 of each year. An application to renew a license must be received by the Department on or before December 31 of each year. If a licensee submits an application for renewal after December 31 of the year in which the license expires, the licensee must pay a late fee of $20 in addition to the annual license fee established by the Department pursuant to subsection 2.

      Sec. 30. 1.  Except as otherwise provided in subsection 2 and section 31 of this act, the Department shall issue a license to or renew the license of an applicant who files with the Department a complete application and pays the fee established by the Department pursuant to section 29 of this act.

      2.  The Department may refuse to issue or renew or may suspend, revoke or place conditions on a license for a violation of any provision of sections 16 to 46, inclusive, of this act, but no license may be refused, suspended or revoked or have conditions imposed upon its issuance pursuant to this section until the Department has provided the applicant or licensee an opportunity for a hearing.

 


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sections 16 to 46, inclusive, of this act, but no license may be refused, suspended or revoked or have conditions imposed upon its issuance pursuant to this section until the Department has provided the applicant or licensee an opportunity for a hearing.

      Sec. 31. 1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license required by section 28 of this act shall:

      (a) Include the social security number of the applicant in the application submitted to the Department.

      (b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required by subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Department.

      3.  A license must not be issued or renewed by the Department if the applicant:

      (a) Fails to submit the statement required by subsection 1; or

      (b) Indicates on the statement that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 32. 1.  If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a licensee, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 33. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license required by section 28 of this act must indicate in the application submitted to the Department whether the applicant has a state business license.

 


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ê2015 Statutes of Nevada, Page 2470 (Chapter 430, SB 488)ê

 

whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license may not be renewed by the Department if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Department pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 34. 1.  Each licensee shall submit to the Department on or before the end of each calendar quarter:

      (a) A report that includes, without limitation, a statement of the amount of commercial feed manufactured, distributed or guaranteed, as applicable, by the licensee in this State during the preceding calendar quarter; and

      (b) The quarterly fee in the amount required pursuant to subsection 2.

      2.  Except as otherwise provided in subsection 3, the amount of the quarterly fee that a licensee must pay is the greater of:

      (a) Five dollars; or

      (b) The fee established by the Department by regulation to be paid per ton of commercial feed manufactured, distributed or guaranteed, as applicable, in this State, which may not exceed 15 cents per ton.

Ê If a licensee does not submit the amount required pursuant to this subsection on or before 15 days after the date on which it is due, the licensee must submit, in addition to that amount, a late fee in the amount of 50 percent of the amount due.

      3.  A licensee is not required to submit the fees required pursuant to subsection 2 for commercial feed if another licensee has submitted the required fees for the same commercial feed. The Department shall adopt regulations specifying the circumstances under which a licensee is not required to pay fees pursuant to this subsection.

      4.  Each licensee shall maintain records sufficient to verify that the information contained in a report submitted pursuant to subsection 1 is complete and accurate.

      5.  A report submitted pursuant to subsection 1 is confidential.

      Sec. 35. 1.  All fees received pursuant to sections 29 and 34 of this act must be deposited in the Commercial Feed Account, which is hereby created in the State General Fund. The Director shall administer the Account. The money in the Account must be expended only to pay for the costs to the Department for administering the provisions of sections 16 to 46, inclusive, of this act, including, without limitation, the costs of inspection, sampling and analysis of commercial feed.

 


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      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money that remains in the Account at the end of the 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.

      Sec. 36. 1.  After showing proper credentials, a representative of the Department may, during normal business hours, enter and inspect:

      (a) Any building, factory, warehouse or other facility in this State where commercial feed is manufactured, processed, packaged or held for distribution;

      (b) Any records, equipment, materials, containers and labels located in a building, factory, warehouse or other facility in this State where commercial feed is manufactured, processed, packaged or held for distribution; and

      (c) Any vehicle used to transport or hold commercial feed,

Ê for the purposes of determining compliance with sections 16 to 46, inclusive, of this act, and any regulations adopted by the Department pursuant thereto.

      2.  An inspection conducted pursuant to subsection 1 must be conducted and completed in a reasonable manner.

      3.  A representative of the Department who conducts an inspection pursuant to this section:

      (a) May obtain samples of any commercial feed, ingredient, substance or element. If a representative obtains such a sample, the representative must provide the owner, operator or authorized agent of the building, factory, warehouse, facility or vehicle being inspected with a receipt describing all samples that were obtained.

      (b) May enter any public or private part of the building, factory, warehouse, facility or vehicle being inspected.

      (c) Must inform the owner, operator or authorized agent of the building, factory, warehouse, facility or vehicle being inspected when the inspection is completed.

      4.  Every sample obtained by a representative pursuant to subsection 3 must be tested in accordance with methods published by AOAC International, or its successor organization, or any other generally recognized method.

      5.  If the owner, operator or authorized agent refuses to allow an inspector of the Department to inspect the building, factory, warehouse, facility or vehicle, as applicable, the Department may obtain a search warrant from any court of competent jurisdiction to enter the premises and conduct the inspection.

      Sec. 37. The Department may:

      1.  Inspect or audit any licensee at the request of the licensee.

      2.  Establish a schedule of fees for the costs of the inspection or audit.

      Sec. 38. 1.  If the Director or a representative of the Department has reasonable cause to believe that any commercial feed does not comply with the provisions of sections 16 to 46, inclusive, of this act, the Director or a representative of the Department may issue an order that:

      (a) Prohibits the licensee from disposing of the lot of commercial feed until written permission is provided by the Director; and

      (b) Requires the licensee to allow the Director or a representative of the Department to inspect the commercial feed.

 


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      2.  If the Director or representative of the Department determines that the commercial feed:

      (a) Complies with the provisions of sections 16 to 46, inclusive, of this act, the Director or representative of the Department must immediately rescind the order issued pursuant to paragraph (a) of subsection 1.

      (b) Does not comply with the provisions of sections 16 to 46, inclusive, of this act, the Director or representative of the Department must provide to the licensee an explanation of how the commercial feed does not comply with the provisions of sections 16 to 46, inclusive, of this act. If the licensee does not demonstrate compliance with the provisions of sections 16 to 46, inclusive, of this act within 30 days after receipt of the explanation, the Director must begin proceedings to condemn the lot of commercial feed pursuant to the requirements established by the Department.

      Sec. 39. 1.  Commercial feed must have a label which includes:

      (a) The quantity of the commercial feed by weight, liquid measure or count.

      (b) The product name and brand name, if any, under which the commercial feed is distributed.

      (c) The analysis, in the form and manner prescribed by the Department, of substances and elements included in the commercial feed.

      (d) An ingredient list with the common or usual name of each ingredient used in the commercial feed. The Department may:

             (1) Provide for the use of a collective term on the ingredient list for a group of ingredients which perform a similar function.

             (2) Exempt certain commercial feed from the requirement to include an ingredient list on the label if the Department determines that such a list is not necessary for the interests of consumers.

      (e) The name and principal mailing address of the manufacturer or distributor of the commercial feed.

      (f) If applicable, directions for the use of commercial feed that:

             (1) Contains a drug; or

             (2) Requires directions for the safe and effective use thereof.

      (g) Any other statement that is required by the Department.

      2.  The Department may request that an applicant for a license or a licensee provide to the Department copies of any label for commercial feed which the person manufactures or distributes.

      3.  As used in this section:

      (a) “Brand name” means any word, symbol or device, or any combination thereof, used to identify and distinguish the commercial feed of one manufacturer or distributor from another.

      (b) “Product name” means the name which identifies the kind, class or specific use of commercial feed and distinguishes the commercial feed from other products bearing the same brand name.

      Sec. 40. 1.  It is unlawful for a person to misbrand commercial feed.

      2.  For the purposes of subsection 1, commercial feed is misbranded if:

      (a) The label on the commercial feed does not meet the requirements set forth in section 39 of this act or is false or misleading;

      (b) Any word, statement or other information required to appear on the label pursuant to section 39 of this act is:

 


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             (1) Not prominently or conspicuously displayed on the label; or

             (2) Written in a way that is likely to be misunderstood by a person under the conditions of customary purchase and use; or

      (c) The commercial feed is distributed under the name of a different commercial feed.

      Sec. 41. 1.  It is unlawful for a person to adulterate commercial feed.

      2.  For the purposes of subsection 1, commercial feed is adulterated if:

      (a) It contains a poisonous or deleterious substance which may cause it to be injurious to the health of an animal;

      (b) It contains a poisonous, deleterious or nonnutritive substance which is unsafe pursuant to section 406 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346;

      (c) It contains a food additive which is unsafe pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;

      (d) It is a raw agricultural commodity that contains a pesticide which is unsafe pursuant to section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a, unless:

             (1) The raw agricultural commodity has been processed using a method such as canning, cooking, freezing, dehydrating or milling;

             (2) The residue of the pesticide has been removed to the extent possible through such a method;

             (3) The concentration of the pesticide in the commercial feed is not greater than the tolerance prescribed for the raw agricultural commodity; and

             (4) Feeding the commercial feed to an animal is not likely to result in a pesticide residue in any edible product of the animal which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a;

      (e) It contains any color additive which is unsafe pursuant to section 721 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 379e;

      (f) It contains an animal drug which is unsafe pursuant to section 512 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360b;

      (g) It contains any filthy, putrid or decomposed substance or is for any other reason unfit to be used as commercial feed;

      (h) It has been prepared, packaged or held under unsanitary conditions whereby it may have become contaminated with filth or may have been rendered injurious to the health of an animal;

      (i) It contains the product of a diseased animal or an animal which has died in a manner which is unsafe within the meaning of section 402 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 342;

      (j) The container of the commercial feed is composed, in whole or in part, of any poisonous or deleterious substance which may render the commercial feed injurious to the health of an animal;

      (k) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;

      (l) Any valuable component of the commercial feed has been, in whole or in part, omitted or abstracted;

      (m) The composition or quality of the commercial feed is below or differs from that which is listed on the label;

 


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      (n) It contains a drug and the methods, facilities or controls used to manufacture, process or package the commercial feed do not conform to current practices of good manufacturing, unless the Department determines that such a practice is not appropriate for use in this State; or

      (o) It contains viable weed seeds in an amount which exceeds the limits established by the Department. As used in this paragraph, “weed seeds” has the meaning ascribed to it in NRS 587.073.

      Sec. 42. It is unlawful for a person to reuse any packaging, including, without limitation, a bag or tote for commercial feed, unless the packaging is cleaned pursuant to the methods prescribed by the Department.

      Sec. 43. 1.  A person who violates the provisions of sections 16 to 46, inclusive, of this act, or any regulation adopted pursuant thereto, is subject to a civil penalty not to exceed:

      (a) For a first offense, $250.

      (b) For a second offense, $500.

      (c) For a third or subsequent offense, $1,000.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds created by NRS 555.035.

      Sec. 44. The Department shall publish annually:

      1.  Except as otherwise provided in this subsection, information concerning the sale of commercial feed and any data related to the production and use of commercial feed in this State. The Department shall not publish any information that discloses confidential or proprietary information regarding the operations of any manufacturer, distributor, guarantor or other person.

      2.  A report of the results of tests performed on samples of commercial feed obtained pursuant to section 36 of this act.

      Sec. 45. The Department may cooperate with and enter into an agreement with any person or federal or state agency for the purposes of carrying out the provisions of sections 16 to 46, inclusive, of this act.

      Sec. 46. The Department may adopt regulations to carry out the provisions of sections 16 to 46, inclusive, of this act.

      Sec. 47.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 14, inclusive, of this act become effective:

      (a) Upon passage and approval 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 July 1, 2015, for all other purposes.

      3.  Sections 14.5 to 46, inclusive, of this act become effective:

      (a) Upon passage and approval 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, 2016, for all other purposes.

      4.  Sections 31 and 32 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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ê2015 Statutes of Nevada, Page 2475 (Chapter 430, SB 488)ê

 

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

CHAPTER 431, SB 500

Senate Bill No. 500–Committee on Finance

 

CHAPTER 431

 

[Approved: June 8, 2015]

 

AN ACT relating to public health; revising the requirements for licensure as a facility for the treatment of abuse of alcohol or drugs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person is required to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services before operating a facility for the treatment of abuse of alcohol or drugs. (NRS 449.030, 449.089) Existing law defines a “facility for the treatment of abuse of alcohol or drugs,” in part, as a public or private establishment that is certified by the Division on the basis of standards established by the Division. Any facility which is not certified is ineligible to receive state and federal money for alcohol and drug abuse programs. (NRS 449.00455, 458.025) This bill eliminates the requirement that a facility for the treatment of abuse of alcohol or drugs needs to be certified by the Division as a prerequisite to obtaining a license to operate the facility.

 

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 449.00455 is hereby amended to read as follows:

      449.00455  “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs . [and which is certified by the Division pursuant to subsection 4 of NRS 458.025.] It does not include a medical facility or services offered by volunteers or voluntary organizations.

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

________

 


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CHAPTER 432, SB 501

Senate Bill No. 501–Committee on Finance

 

CHAPTER 432

 

[Approved: June 8, 2015]

 

AN ACT relating to public health; authorizing the State Dental Health Officer and the State Public Health Dental Hygienist to serve in the unclassified service of the State or as a contractor for the Division of Public and Behavioral Health of the Department of Health and Human Services; requiring the State Dental Health Officer and the State Public Health Dental Hygienist to work collaboratively; requiring the State Dental Health Officer to seek certain information and advice from dental education programs in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the appointment of a State Dental Health Officer and a State Public Health Dental Hygienist and specifies that those positions are in the unclassified service of the State. (NRS 439.272, 439.279) This bill provides that those positions may, in lieu of being in the unclassified service, be contractors for the Division of Public and Behavioral Health of the Department of Health and Human Services. Existing law requires the State Dental Health Officer to supervise the activities of the State Public Health Dental Hygienist, and requires the State Public Health Dental Hygienist to assist the State Dental Health Officer. (NRS 439.272, 439.279) This bill further requires the State Dental Health Officer and the State Public Health Dental Hygienist to work collaboratively with each other. Existing law requires the State Dental Health Officer to seek information and advice from a dental school of the Nevada System of Higher Education as necessary to carry out his or her duties. (NRS 439.272) This bill expands this provision to require the State Dental Health Officer to seek such information and advice from any dental education program in this State, including any such program of the Nevada System of Higher Education.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 439.272 is hereby amended to read as follows:

      439.272  1.  The Division shall appoint, with the consent of the Director, a State Dental Health Officer, who [is] may serve in the unclassified service of the State [.] or as a contractor for the Division. The State Dental Health Officer must:

      (a) Be a resident of this State;

      (b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and

      (c) Be appointed on the basis of his or her education, training and experience and his or her interest in public dental health and related programs.

      2.  The State Dental Health Officer shall:

      (a) Determine the needs of the residents of this State for public dental health;

 


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ê2015 Statutes of Nevada, Page 2477 (Chapter 432, SB 501)ê

 

      (b) Provide the Advisory Committee and the Division with advice regarding public dental health;

      (c) Make recommendations to the Advisory Committee, the Division and the Legislature regarding programs in this State for public dental health;

      (d) [Supervise the activities of] Work collaboratively with the State Public Health Dental Hygienist; and

      (e) Seek such information and advice from the Advisory Committee or [a dental school] from any dental education program in this State, including any such programs of the Nevada System of Higher Education , as necessary to carry out his or her duties.

      3.  The State Dental Health Officer shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit.

      4.  Pursuant to NRS 439.2794, the Division may solicit and accept gifts and grants to pay the costs associated with oral health programs.

      Sec. 2. NRS 439.279 is hereby amended to read as follows:

      439.279  1.  The Division shall appoint, with the consent of the Director, a State Public Health Dental Hygienist, who [is] may serve in the unclassified service of the State [.] or as a contractor for the Division. The State Public Health Dental Hygienist must:

      (a) Be a resident of this State;

      (b) Hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287; and

      (c) Be appointed on the basis of his or her education, training and experience and his or her interest in public health dental hygiene and related programs.

      2.  The State Public Health Dental Hygienist:

      (a) Shall [assist] work collaboratively with the State Dental Health Officer in carrying out his or her duties; and

      (b) May:

             (1) Provide advice and make recommendations to the Advisory Committee and the Division regarding programs in this State for public health dental hygiene; and

             (2) Perform any acts authorized pursuant to NRS 631.287.

      3.  The State Public Health Dental Hygienist shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit.

      4.  The Division may solicit and accept gifts and grants to pay the costs associated with the position of State Public Health Dental Hygienist.

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

________

 


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ê2015 Statutes of Nevada, Page 2478ê

 

CHAPTER 433, SB 507

Senate Bill No. 507–Committee on Revenue and Economic Development

 

CHAPTER 433

 

[Approved: June 8, 2015]

 

AN ACT relating to economic development; authorizing the Executive Director of the Office of Economic Development and the Board of Economic Development to approve and issue transferable tax credits to certain businesses intending to locate or expand in this State; revising certain reporting requirements regarding economic development; clarifying certain provisions governing grants or loans of money from the Catalyst Account in the State General Fund to promote economic development; allowing certain counties and cities approved for grants or loans of money from the Catalyst Account to surrender the grants or loans in exchange for the issuance of transferable tax credits under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Catalyst Account in the State General Fund to promote the economic development of this State and authorizes the Board of Economic Development and the Executive Director of the Office of Economic Development to make grants or loans of money from the Catalyst Account to counties and incorporated cities. To obtain a grant or loan from the Catalyst Account, a county or an incorporated city must submit an application in accordance with the procedures established by the Executive Director. The application may be approved if the Board, or the Executive Director under certain circumstances, determines that approval of the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development. Finally, the Executive Director must submit an annual report to the Governor and the Legislative Branch concerning the amount of grants and loans awarded from the Catalyst Account, the number of businesses created or expanded in this State because of those grants or loans and the number of jobs created or saved because of those grants or loans. (NRS 231.1573, 231.1577)

      Section 2 of this bill authorizes the Board and the Executive Director to approve and issue transferable tax credits to new or expanding businesses in Nevada to promote the economic development of this State. Under section 2, a business that intends to locate or expand in Nevada may apply to the Office of Economic Development for transferable tax credits in accordance with procedures established by the Executive Director in consultation with the Board. The application may be approved if the Board, or the Executive Director under certain circumstances, determines that approval of the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development and the business satisfies the criteria established by the Executive Director for the issuance of transferable tax credits. Section 2 also provides that the Board and the Executive Director may not approve applications for transferable tax credits that exceed certain amounts in a fiscal year.

      Section 3 of this bill expands the Executive Director’s annual report to the Governor and the Legislative Branch regarding the Catalyst Account to include information regarding the issuance of transferable tax credits to new or expanding businesses. Sections 4 and 5 of this bill revise existing provisions governing economic development to account for the new provisions regarding the issuance of transferable tax credits, and section 6 of this bill clarifies existing provisions governing grants or loans from the Catalyst Account so that those provisions are consistent with the new provisions regarding the issuance of transferable tax credits.

 


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transferable tax credits, and section 6 of this bill clarifies existing provisions governing grants or loans from the Catalyst Account so that those provisions are consistent with the new provisions regarding the issuance of transferable tax credits.

      Finally, section 7 of this bill permits a county or an incorporated city whose application for a grant or loan from the Catalyst Account was approved before the effective date of this bill to surrender the grant or loan, or any portion thereof, in exchange for the issuance of transferable tax credits under section 2 upon such terms and conditions as agreed to by the Executive Director and the parties to any contracts involving the grant or loan.

 

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

      Sec. 2. 1.  A person who intends to locate or expand a business in this State may apply to the Office for a certificate of eligibility for transferable tax credits which may be applied to:

      (a) Any tax imposed by chapter 363A or 363B of NRS;

      (b) The gaming license fee imposed by the provisions of NRS 463.370;

      (c) Any tax imposed by chapter 680B of NRS; or

      (d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).

      2.  After considering any advice and recommendations of the Board, the Executive Director shall establish:

      (a) Procedures for applying to the Office for a certificate of eligibility for transferable tax credits which must:

             (1) Include, without limitation, a requirement that the applicant set forth in the application:

                   (I) The proposed use of the transferable tax credits;

                   (II) The plans, projects and programs for which the transferable tax credits will be used;

                   (III) The expected benefits of the issuance of the transferable tax credits; and

                   (IV) A statement of the short-term and long-term impacts of the issuance of the transferable tax credits; and

             (2) Allow the applicant to revise the application upon the recommendation of the Executive Director.

      (b) The criteria which a person to whom a certificate of eligibility for transferable tax credits has been issued must satisfy to be issued a certificate of transferable tax credits.

      3.  After receipt of an application pursuant to this section, the Executive Director shall review and evaluate the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      4.  If the applicant is requesting transferable tax credits in an amount of $100,000 or less, the Executive Director may approve the application, subject to the provisions of subsection 6, if the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.

 


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determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.

      5.  If the applicant is requesting transferable tax credits in an amount greater than $100,000, the Executive Director shall submit the application and the Executive Director’s review and evaluation of the application pursuant to subsection 3 to the Board, and the Board may approve the application, subject to the provisions of subsection 6, if the Board determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.

      6.  The Executive Director or the Board shall not approve any application for transferable tax credits for:

      (a) A period of more than 5 fiscal years; or

      (b) Any fiscal year if the approval of the application would cause the total amount of transferable tax credits issued pursuant to this section to exceed:

             (1) For Fiscal Year 2015-2016, $500,000.

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

             (3) For a fiscal year beginning on or after July 1, 2017, $5,000,000.

      7.  If the Executive Director or the Board approves an application and issues a certificate of eligibility for transferable tax credits, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to this section to:

      (a) The applicant;

      (b) The Department of Taxation; and

      (c) The State Gaming Control Board.

      8.  Within 14 days after the Office determines that a person to whom a certificate of eligibility for transferable tax credits has been issued satisfies the criteria established by the Executive Director pursuant to subsection 2, the Office shall notify the person that transferable tax credits will be issued. Within 30 days after the receipt of the notice, the person shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in paragraphs (a), (b) and (c) of subsection 1, thereby accounting for all of the credits which will be issued. Upon receipt of the declaration, the Office shall issue to the person a certificate of transferable tax credits in the amount approved by the Executive Director or the Board, as applicable, for the fees or taxes included in the declaration. The Office shall notify the Department of Taxation and the State Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in paragraphs (a), (b) and (c) of subsection 1, and the amount of any transferable tax credits transferred.

      Sec. 3. 1.  On or before November 1 of each year, the Executive Director shall submit a report that includes the information required by this section to:

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Interim Finance Committee if the report is received during an odd-numbered year; or

 


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             (2) The next regular session of the Legislature if the report is received during an even-numbered year.

      2.  The report must include, without limitation:

      (a) The amount of all grants, gifts and donations of money to the Catalyst Account created by NRS 231.1573 which have been applied for and accepted from public and private sources;

      (b) The amount of all grants and loans of money from the Catalyst Account which have been approved by the Executive Director or the Board pursuant to NRS 231.1577;

      (c) The amount of all transferable tax credits which have been approved by the Executive Director or the Board pursuant to section 2 of this act;

      (d) The number of businesses which have been created or expanded in this State, or which have located to this State, because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to section 2 of this act; and

      (e) The number of jobs which have been created or saved because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to section 2 of this act.

      Sec. 4. NRS 231.005 is hereby amended to read as follows:

      231.005  1.  “Development resource” means any funding or other resource for economic development, including, without limitation, a structured lease of real property.

      2.  The term does not include any [funding] :

      (a) Funding for administrative or operating purposes [or any grant, loan or allocation] ;

      (b) Grant or loan of money from the Catalyst Account created by NRS 231.1573 [or] ;

      (c) Issuance of a certificate of eligibility for transferable tax credits or a certificate of transferable tax credits pursuant to section 2 of this act; or

      (d) Allocation of money from the Knowledge Account created by NRS 231.1592.

      Sec. 5. NRS 231.053 is hereby amended to read as follows:

      231.053  After considering any [pertinent] advice and recommendations of the Board, the Executive Director:

      1.  Shall direct and supervise the administrative and technical activities of the Office.

      2.  Shall develop and may periodically revise a State Plan for Economic Development, which must include a statement of:

      (a) New industries which have the potential to be developed in this State;

      (b) The strengths and weaknesses of this State for business incubation;

      (c) The competitive advantages and weaknesses of this State;

      (d) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;

      (e) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and

      (f) Potential partners for the implementation of the strategy, including, without limitation, the Federal Government, local governments, local and regional organizations for economic development, chambers of commerce, and private businesses, investors and nonprofit entities.

 


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      3.  Shall develop criteria for the designation of regional development authorities pursuant to subsection 4.

      4.  Shall designate as many regional development authorities for each region of this State as the Executive Director determines to be appropriate to implement the State Plan for Economic Development. In designating regional development authorities, the Executive Director must consult with local governmental entities affected by the designation. The Executive Director may, if he or she determines that such action would aid in the implementation of the State Plan for Economic Development, remove the designation of any regional development authority previously designated pursuant to this section and declare void any contract between the Office and that regional development authority.

      5.  Shall establish procedures for entering into contracts with regional development authorities to provide services to aid, promote and encourage the economic development of this State.

      6.  May apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1573 to 231.1597, inclusive [.] , and sections 2 and 3 of this act.

      7.  May adopt such regulations as may be necessary to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1573 to 231.1597, inclusive [.] , and sections 2 and 3 of this act.

      8.  In a manner consistent with the laws of this State, may reorganize the programs of economic development in this State to further the State Plan for Economic Development. If, in the opinion of the Executive Director, changes to the laws of this State are necessary to implement the economic development strategy for this State, the Executive Director must recommend the changes to the Governor and the Legislature.

      Sec. 6. NRS 231.1577 is hereby amended to read as follows:

      231.1577  1.  [The] After considering any advice and recommendations of the Board, the Executive Director shall [, after considering the advice and recommendations of the Board,] establish procedures for applying to the Office for a grant or loan of money from the Catalyst Account created by NRS 231.1573. The procedures must:

      (a) Include, without limitation, a requirement that applications for grants or loans must set forth:

             (1) The proposed use of the grant or loan;

             (2) The plans, projects and programs for which the grant or loan will be used;

             (3) The expected benefits of the grant or loan; and

             (4) A statement of the short-term and long-term impacts of the use of the grant or loan; and

      (b) Allow [an] the applicant to revise [his or her] the application upon the recommendation of the Executive Director.

      2.  In accordance with the procedures established pursuant to subsection 1, any county or incorporated city in this State may apply for a grant or loan of money from the Catalyst Account.

      3.  [Upon] After receipt of an application pursuant to [subsection 2,] this section, the Executive Director shall review and evaluate the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

 


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the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      4.  If the applicant is requesting $100,000 or less, the Executive Director may approve the application and make a grant or loan of money from the Catalyst Account to the applicant if the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development . [, the Executive Director may approve the application and make a grant or loan of money from the Catalyst Account to the applicant if the applicant is requesting $100,000 or less.]

      5.  If the applicant is requesting more than $100,000, the Executive Director shall submit the application and the Executive Director’s review and evaluation of the application pursuant to subsection 3 to the Board, and the Board may approve the application and make a grant or loan of money from the Catalyst Account to the applicant [.

      4.  On or before November 1, 2012, and on or before November 1 of every year thereafter, the Executive Director shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:

      (a) The amount of grants and loans awarded from the Catalyst Account;

      (b) The amount of all grants, gifts and donations to the Catalyst Account from public and private sources;

      (c) The number of businesses which have been created or expanded in this State, or which have relocated to this State, because of grants and loans from the Catalyst Account; and

      (d) The number of jobs which have been created or saved because of grants and loans from the Catalyst Account.] if the Board determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.

      Sec. 7.  1.  Notwithstanding any other provisions of law, but subject to the provisions of subsection 2, if, before the effective date of this act, the Executive Director of the Office of Economic Development or the Board of Economic Development approved any application received from a county or an incorporated city pursuant to NRS 231.1577 for a grant or loan of money from the Catalyst Account created by NRS 231.1573, the county or incorporated city may, upon the approval of the Executive Director and the agreement of the parties to any contracts involving the grant or loan, surrender the grant or loan, or any portion thereof, in exchange for the approval and issuance of a certificate of eligibility for transferable tax credits pursuant to section 2 of this act upon such terms and conditions as agreed to by the Executive Director and the parties to any contracts involving the grant or loan.

      2.  The amount of any transferable tax credits approved for a fiscal year pursuant to this section must be considered in determining the total amount of transferable tax credits which the Executive Director or the Board may approve for that fiscal year pursuant to section 2 of this act.

 


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      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.

      Sec. 9.  This act becomes effective upon passage and approval.

________

CHAPTER 434, SB 52

Senate Bill No. 52–Committee on Judiciary

 

CHAPTER 434

 

[Approved: June 9, 2015]

 

AN ACT relating to criminal procedure; defining certain terms relating to the interception of wire, electronic or oral communications; authorizing the use of secure electronic transmission for the submission of an application and affidavit for, and the issuance by a magistrate of, a search warrant; providing that the interception, listening or recording of a wire, electronic or oral communication by a peace officer or certain other persons is not unlawful in certain circumstances; authorizing the issuance of orders requiring a provider of electronic communication service to disclose the contents of a wire or electronic communication or a record or other information pertaining to a subscriber to, or customer of, such service in certain circumstances; providing immunity from liability to a provider of electronic communication service and associated persons for disclosing such information; revising certain existing definitions relating to the interception of wire or oral communications; authorizing the interception of electronic communications in certain circumstances; providing immunity from liability to a provider of electronic communication service, a public utility and associated persons for providing information or assistance concerning court-ordered interceptions of wire, electronic or oral communications; authorizing a judge to accept a facsimile or electronic copy of the signature of certain persons as part of an application for an order authorizing the interception of a wire, electronic or oral communication as an original signature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a search warrant may only be issued: (1) pursuant to an affidavit or affidavits sworn to before a magistrate and establishing the grounds for issuing the warrant; or (2) in lieu of an affidavit, pursuant to an oral statement taken by a magistrate, given under oath and filed with the clerk of the court. (NRS 179.045) Section 9 of this bill authorizes the use of secure electronic transmission for the submission of an application and affidavit for, and the issuance by a magistrate of, a search warrant.

      Existing law authorizes the Attorney General or the district attorney of any county to apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications. The judge may grant an order authorizing such interception by certain investigative or law enforcement officers when the interception may provide evidence of the commission of certain crimes. (NRS 179.460) Section 18 of this bill additionally authorizes the Attorney General or the district attorney to apply for an order authorizing the interception of an electronic communication.

 


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the interception of an electronic communication. Section 18 also provides that a provider of electronic communication service, a public utility and associated persons are immune from any liability relating to the interception of a wire, electronic or oral communication made pursuant to such a court order. Sections 11-14, 18-25 and 27 of this bill add a reference to an electronic communication to the provisions of existing law that reference wire or oral communications. Section 26 of this bill adds a reference to an electronic or oral communication to make the section consistent with the references to communications included in the federal statute cited therein.

      Existing law also requires that each application for an order authorizing the interception of a wire or oral communication be made in writing upon oath or affirmation to a justice of the Supreme Court or district judge. (NRS 179.470) Section 20 of this bill authorizes the judge to accept a facsimile or electronic copy of the signature of any person required to give an oath or affirmation as part of an application for an order authorizing the interception of a wire, electronic or oral communication as an original signature to the application.

      Section 7 of this bill provides that the interception, listening or recording of a wire, electronic or oral communication by a peace officer or certain other persons is not unlawful if the peace officer or person is intercepting the communication of a person who has: (1) barricaded himself or herself, resulting in an imminent risk of harm to the life of another person; (2) created a hostage situation; or (3) threatened the imminent illegal use of an explosive.

      Section 8 of this bill authorizes the Nevada Supreme Court and the district courts of this State to issue orders requiring a provider of electronic communication service to disclose the contents of a wire or electronic communication or a record or other information pertaining to a subscriber to, or customer of, such service upon the application of a district attorney or the Attorney General, or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by federal law. Section 8 provides that a provider of electronic communication service and associated persons are immune from any liability relating to a disclosure made pursuant to such a court order. Sections 13, 17, 21 and 27 of this bill replace existing references to a communications common carrier with the term “provider of electronic communication service.”

      Sections 2-6 of this bill add new definitions of terms relating to the interception of wire, electronic or oral communications, and sections 13 and 15-17 of this bill revise certain existing definitions relating to the interception of wire or oral communications.

 

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 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. “Electronic communication” means a transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transferred in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. The term does not include:

      1.  A wire or oral communication.

      2.  A communication made through a tone-only paging device.

      3.  A communication from a tracking device.

      4.  Electronic funds transfer information stored by a financial institution in a communication system used for the electronic storage and transfer of funds.

 


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      5.  The incoming or outgoing electronic or other impulses that identify the originating number of an instrument or device from which or to which a wire or electronic communication was transmitted.

      Sec. 3. “Electronic communication service” means a service that provides to users of the service the ability to send or receive a wire or electronic communication.

      Sec. 4. “Peace officer” means a category I peace officer, as defined in NRS 289.460.

      Sec. 5. “Tracking device” means an electronic or mechanical device that permits the tracking of the movement of a person or an object.

      Sec. 6. “User” means a person or entity who:

      1.  Uses an electronic communication service; and

      2.  Is authorized by the provider of the electronic communication service to engage in such use.

      Sec. 7. 1.  The interception, listening or recording of a wire, electronic or oral communication by a peace officer specifically designated by the Attorney General or the district attorney of any county, or a person acting under the direction or request of a peace officer, is not unlawful if the peace officer or person is intercepting the communication of a person who has:

      (a) Barricaded himself or herself and is not exiting or surrendering at the lawful request of a peace officer, in circumstances in which there is imminent risk of harm to the life of another person as a result of the barricaded person’s actions or the actions of law enforcement in resolving the barricade situation;

      (b) Created a hostage situation; or

      (c) Threatened the imminent illegal use of an explosive.

      2.  For the purposes of subsection 1:

      (a) A barricade occurs when a person:

             (1) Refuses to come out from a covered or enclosed position after being provided an order to exit by a peace officer; or

             (2) Is contained in an open area and the presence or approach of a peace officer precipitates an imminent risk of harm to the life of another person.

      (b) A hostage situation occurs when a person holds another person against the other person’s will, regardless of whether the person holding the other person has made a demand.

      Sec. 8. 1.  The Nevada Supreme Court and the district courts of this State may issue orders requiring a provider of electronic communication service to disclose the contents of a wire or electronic communication or a record or other information pertaining to a subscriber to, or customer of, such service upon the application of a district attorney or the Attorney General, or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. § 2703.

      2.  A provider of electronic communication service, an officer, employee or agent thereof or another person associated with the provider of electronic communication service who, pursuant to an order issued by a district court pursuant to subsection 1, discloses the contents of a wire or electronic communication or a record or other information pertaining to a subscriber to, or customer of, the electronic communication service is immune from any liability relating to any disclosure made pursuant to the order.

 

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