[Rev. 10/12/2015 2:11:04 PM]

Link to Page 2592

 

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ê2015 Statutes of Nevada, Page 2593 (Chapter 446, AB 474)ê

 

      4.  The Division shall impose an administrative penalty against an association or master association that violates the provisions of this section by failing to pay the fees owed by the association or master association within the times established by the Division. The administrative penalty that is imposed for each violation must equal 10 percent of the amount of the fees owed by the association or master association or $500, whichever amount is less. The amount of the unpaid fees owed by the association or master association bears interest at the rate set forth in NRS 99.040 from the date the fees are due until the date the fees are paid in full.

      5.  A unit’s owner may not be required to pay any portion of the fees or any administrative penalties or interest required to be paid pursuant to this section to both an association and a master association.

      6.  An association that is subject to the governing documents of a master association may not be required to pay any portion of the fees or any administrative penalties or interest required to be paid pursuant to this section to the extent they have already been paid by the master association.

      7.  A master association may not be required to pay any portion of the fees or any administrative penalties or interest required to be paid pursuant to this section to the extent they have already been paid by an association that is subject to the governing documents of the master association.

      8.  Upon the payment of the fees and any administrative penalties and interest required by this section, the Administrator shall provide to the association or master association evidence that it paid the fees and the administrative penalties and interest in compliance with this section.

      9.  Any person, association or master association which has been requested or required to pay any fees, administrative penalties or interest pursuant to this section and which believes that such fees, administrative penalties or interest has been imposed in error may, without exhausting any available administrative remedies, bring an action in a court of competent jurisdiction to recover:

      (a) Any amount paid in error for any fees, administrative penalties or interest during the immediately preceding 3 years;

      (b) Interest on the amount paid in error at the rate set forth in NRS 99.040; and

      (c) Reasonable costs and attorney’s fees.

      Sec. 2.  This act becomes effective on July 1, 2016.

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ê2015 Statutes of Nevada, Page 2594ê

 

 

CHAPTER 447, SB 376

Senate Bill No. 376–Senator Settelmeyer

 

CHAPTER 447

 

[Approved: June 9, 2015]

 

AN ACT relating to motor carriers; revising provisions concerning an appeal of certain decisions of the Nevada Transportation Authority; revising provisions concerning an appeal of a final decision of the Taxicab Authority; revising provisions relating to the regulation of taxicabs; transferring the authority to administer and collect certain excise taxes from the Nevada Transportation Authority and the Taxicab Authority to the Department of Taxation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, any person who is aggrieved by a final decision of the Nevada Transportation Authority in an administrative hearing is entitled to judicial review. (NRS 233B.130, 706.2885, 706.771, 706.775) Section 1.1 of this bill provides that any decision or action by the Nevada Transportation Authority which has the effect of substantially impairing, restricting or rescinding the ability or authorization of a fully regulated carrier to operate in this State or which refuses an applicant the ability or authorization to operate in this State as a fully regulated carrier is a final decision, and may be appealed directly to a court of competent jurisdiction for judicial review.

      The Nevada Transportation Authority has regulatory authority over taxicab motor carriers in any county whose population is less than 700,000 (currently all counties except for Clark). (NRS 706.151, 706.881) In any county whose population is 700,000 or more (currently Clark County), the Taxicab Authority has regulatory authority over taxicab motor carriers. (NRS 706.881) Any person who is aggrieved by a final decision of the Taxicab Authority must appeal to the Nevada Transportation Authority. (NRS 706.8819) Sections 3 and 8 of this bill provide that any person aggrieved by a final decision of the Taxicab Authority is entitled to judicial review, rather than requiring such a person to appeal to the Nevada Transportation Authority.

      Existing law provides for the regulation of taxicabs by the Taxicab Authority in certain counties and the Nevada Transportation Authority in all other counties in this State. (Chapter 706 of NRS) Sections 1.5 and 1.7 of this bill allow, in areas regulated by the Taxicab Authority, for a person to operate a taxicab as an independent contractor in a similar manner as in areas regulated by the Nevada Transportation Authority. Sections 1.3 and 1.9 of this bill prohibit an employee of a person who holds a certificate of public convenience and necessity for the operation of a taxicab business from acting as a driver for a transportation network company during the same time the employee uses a taxicab provided by his or her employer or is paid to operate a taxicab for his or her employer. Sections 2.5, 7.7, 8.5, 8.7 and 8.9 of this bill allow a taxicab to use a device, method or system other than a taximeter to indicate and determine the passenger fare charged. Sections 3.5 and 8.3 of this bill revise provisions relating to the color and display of information on a taxicab. Section 5.5 of this bill eliminates a provision that allows the Nevada Transportation Authority to suspend the operation of a schedule or tariff and defer the use of a rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice for 150 days while the relevant issue is being reviewed. Section 8.1 of this bill prohibits the Taxicab Authority from limiting the geographical area from which service is offered or provided by a taxicab.

 


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ê2015 Statutes of Nevada, Page 2595 (Chapter 447, SB 376)ê

 

      Existing law provides for the collection by the Nevada Transportation Authority or the Taxicab Authority, as applicable, of an excise tax upon the connection of a passenger to a driver affiliated with a transportation network company, a common motor carrier of passengers or a taxicab in an amount of 3 percent of the fare charged to the passenger. (Sections 28, 51 and 52 of Assembly Bill No. 175 of the 2015 Session) Sections 9-38 and 40 of this bill provide for the transfer of the responsibility to administer and collect these excise taxes from the Nevada Transportation Authority and the Taxicab Authority to the Department of Taxation.

 

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 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.9, inclusive, of this act.

      Sec. 1.1.Any decision or action by the Authority which:

      1.  Has the effect of substantially impairing, restricting or rescinding the ability or authorization of a fully regulated motor carrier to operate in this State; or

      2.  Refuses an applicant the ability or authorization to operate as a fully regulated motor carrier in this State,

Ê is a final decision for the purpose of chapter 233B of NRS and may be appealed directly to a court of competent jurisdiction for judicial review.

      Sec. 1.3. 1.  A person who drives a taxicab as an employee of a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business shall not act as a driver, as defined by section 18 of Assembly Bill No. 176 of this session:

      (a) Using the taxicab provided by his or her employer; or

      (b) During any time for which the person receives wages from his or her employer for duties which include driving a taxicab.

      2.  A person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business may terminate the employment of a person who violates the provisions of subsection 1.

      Sec. 1.5.  1.  A certificate holder may, upon approval from the Taxicab Authority, lease a taxicab to an independent contractor who is not a certificate holder. A certificate holder may lease only one taxicab to each independent contractor with whom the person enters into a lease agreement. The taxicab may be used only in a manner authorized by the certificate holder’s certificate of public convenience and necessity.

      2.  A certificate holder who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the Taxicab Authority for its approval. The agreement is not effective until approved by the Taxicab Authority.

      3.  A certificate holder who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.

      4.  The Taxicab Authority or any of its employees may intervene in a civil action involving a lease agreement entered into pursuant to this section.

 


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ê2015 Statutes of Nevada, Page 2596 (Chapter 447, SB 376)ê

 

      Sec. 1.7.  1.  The Taxicab Authority shall adopt such regulations as are necessary to:

      (a) Carry out the provisions of section 1.5 of this act; and

      (b) Ensure that the taxicab business remains safe, adequate and reliable.

      2.  Such regulations must include, without limitation:

      (a) The minimum qualifications for an independent contractor;

      (b) Requirements related to liability insurance;

      (c) Minimum safety standards; and

      (d) The procedure for approving a lease agreement and the provisions that must be included in a lease agreement concerning the grounds for the revocation of such approval.

      Sec. 1.9.  1.  A driver who operates a taxicab as an employee of a certificate holder shall not act as a driver, as defined by section 18 of Assembly Bill No. 176 of this session:

      (a) Using the taxicab provided by his or her employer; or

      (b) During any time for which the person receives wages from his or her employer for duties which include the operation of a taxicab.

      2.  A certificate holder may terminate the employment of a driver, as defined by NRS 706.8814, who violates the provisions of subsection 1.

      Sec. 2. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 1.1 and 1.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

      Sec. 2.5. NRS 706.124 is hereby amended to read as follows:

      706.124  “Taxicab” means a vehicle which is not operated over a fixed route, is designed or constructed to accommodate and transport not more than six passengers, including the driver, and : [is:]

      1.  [Fitted with] Uses a taximeter or [has] some other device, method or system to indicate and determine the passenger fare charged for the distance traveled;

      2.  [Used] Is used in the transportation of passengers or light express, or both, for which a charge or fee is received; or

      3.  [Operated] Is operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.

      Sec. 3. NRS 706.166 is hereby amended to read as follows:

      706.166  The Authority shall:

      1.  Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate:

      (a) Every fully regulated carrier and broker of regulated services in this State in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.

      (b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 1.1 and 1.3 of this act.

 


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ê2015 Statutes of Nevada, Page 2597 (Chapter 447, SB 376)ê

 

      2.  Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

      3.  Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the Authority or the Department by:

      (a) Providing training in safety;

      (b) Reviewing and observing the programs or inspections of the carrier relating to safety; and

      (c) Conducting inspections relating to safety at the operating terminals of the carrier.

      4.  To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers or two or more operators of tow cars relating to:

      (a) Fares of fully regulated carriers;

      (b) All rates of fully regulated carriers and rates of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;

      (c) Classifications;

      (d) Divisions;

      (e) Allowances; and

      (f) All charges of fully regulated carriers and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.

Ê These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

      [5.  Review decisions of the Taxicab Authority appealed to the Authority pursuant to NRS 706.8819.]

      Sec. 3.5. NRS 706.281 is hereby amended to read as follows:

      706.281  1.  In addition to any identifying device provided for in this chapter, each motor vehicle within the provisions of NRS 706.011 to 706.791, inclusive, and sections 1.1 and 1.3 of this act must have the name of the [person or] operator operating the vehicle [prominently and conspicuously] displayed on [both sides of] the vehicle in such location, size and style as may be specified by the Authority. The display shall not be deemed advertising for the purposes of NRS 706.285 unless additional information about the operator is included.

      2.  This section does not apply to motor vehicles:

      (a) Weighing 10,000 pounds or less operated by private carriers and not operated in combination with any other vehicle.

      (b) Operated by an employer for the transportation of the employees of that employer, whether or not the employees pay for the transportation.

      Sec. 4. NRS 706.2885 is hereby amended to read as follows:

      706.2885  1.  A certificate of public convenience and necessity, permit or license issued in accordance with this chapter is not a franchise and may be revoked.

      2.  The Authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and sections 1.1 and 1.3 of this act for a period not to exceed 60 days.

 


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ê2015 Statutes of Nevada, Page 2598 (Chapter 447, SB 376)ê

 

provisions of NRS 706.011 to 706.791, inclusive, and sections 1.1 and 1.3 of this act for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the Authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes the grantee’s interest in the certificate, permit or license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.

      4.  [The] Except as otherwise provided in section 1.1 of this act, the proceedings thereafter are governed by the provisions of chapter 233B of NRS.

      Sec. 5. NRS 706.321 is hereby amended to read as follows:

      706.321  1.  Except as otherwise provided in subsection 2, every common or contract motor carrier shall file with the Authority:

      (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

             (1) Be open to public inspection; and

             (2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.

      (b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 1.1 and 1.3 of this act.

      2.  Every operator of a tow car shall file with the Authority:

      (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

             (1) Be open to public inspection; and

             (2) Include all rates and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.

      (b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 1.1 and 1.3 of this act.

      3.  No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days’ notice to the Authority, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The Authority, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the Authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.

 


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ê2015 Statutes of Nevada, Page 2599 (Chapter 447, SB 376)ê

 

      4.  The Authority may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.

      5.  The Authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service filed pursuant to this section.

      6.  All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the Authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the Authority . [, or pursuant to NRS 706.2883.]

      7.  All regulations, practices and service prescribed by the Authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, or until changed or modified by the Authority itself upon satisfactory showing made.

      Sec. 5.5. NRS 706.326 is hereby amended to read as follows:

      706.326  1.  Whenever there is filed with the Authority pursuant to NRS 706.321 any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the Authority may commence an investigation or, upon reasonable notice, hold a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.

      2.  [Pending the investigation or hearing and the decision thereon, the Authority, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule or tariff and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

      3.]  After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the Authority may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

      [4.]3.  The Authority shall determine whether it is necessary to hold a hearing to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge. In making that determination, the Authority shall consider all timely written protests, any presentation the staff of the Authority may desire to present, the application and any other matters deemed relevant by the Authority.

      Sec. 6. NRS 706.771 is hereby amended to read as follows:

      706.771  1.  Any person or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the Authority or any lawful tariff on file with the Authority or who fails, neglects or refuses to obey any lawful order of the Authority or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $10,000 for any violation.

 


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ê2015 Statutes of Nevada, Page 2600 (Chapter 447, SB 376)ê

 

not more than $10,000 for any violation. The penalty may be recovered in a civil action upon the complaint of the Authority in any court of competent jurisdiction.

      2.  If the Authority does not bring an action to recover the penalty prescribed by subsection 1, the Authority may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the Authority or Department pursuant to the provisions of this chapter. [A] Except as otherwise provided in section 1.1 of this act, a fine imposed by the Authority may be recovered by the Authority only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.

      3.  All administrative fines imposed and collected by the Authority pursuant to subsection 2 are payable to the State Treasurer and must be credited to a separate account to be used by the Authority to enforce the provisions of this chapter.

      4.  A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.

      Sec. 7. NRS 706.775 is hereby amended to read as follows:

      706.775  1.  In addition to any criminal penalty, any person who violates any provision of this chapter, or any lawful regulation, rule or order adopted or issued by the Department pursuant thereto is liable to the Department for an administrative fine as follows:

      (a) For a first offense, a fine of $500.

      (b) For a second offense, a fine of $1,000 or the total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes pursuant to NRS 371.050 during the calendar year in which the offense was committed for the vehicle in which the offense was committed, whichever is greater, except that the amount of the fine must not exceed $2,500.

      (c) For a third offense, a fine of $1,500 or the total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes pursuant to NRS 371.050 during the calendar year in which the offense was committed for the vehicle in which the offense was committed, whichever is greater, except that the amount of the fine must not exceed $2,500.

      (d) For a fourth and any subsequent offense, a fine of $2,500.

      2.  [The] Except as otherwise provided in section 1.1 of this act, the Department shall afford to any person fined pursuant to subsection 1 an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      3.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.

      Sec. 7.3. NRS 706.881 is hereby amended to read as follows:

      706.881  1.  The provisions of NRS 706.8811 to 706.885, inclusive, and sections 1.5, 1.7 and 1.9 of this act apply to any county:

      (a) Whose population is 700,000 or more; or

      (b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and sections 1.5, 1.7 and 1.9 of this act within that county.

 


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ê2015 Statutes of Nevada, Page 2601 (Chapter 447, SB 376)ê

 

Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and sections 1.5, 1.7 and 1.9 of this act within that county.

      3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.

      Sec. 7.7.NRS 706.8816 is hereby amended to read as follows:

      706.8816  1.  “Taxicab” means a motor vehicle or vehicles which is designed or constructed to accommodate and transport not more than six passengers, including the driver, and : [is:]

      (a) [Fitted with] Uses a taximeter or some other device , method or system to indicate and determine the passenger fare charged;

      (b) [Used] Is used in the transportation of passengers or light express or both for which a charge or fee is received; or

      (c) [Operated] Is operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.

      2.  “Taxicab” does not include a motor vehicle of:

      (a) A common motor carrier.

      (b) A contract motor carrier which operates along fixed routes.

      (c) An employer who operates the vehicle for the transportation of the employees of that employer, whether or not the employees pay for the transportation.

      Sec. 8. NRS 706.8819 is hereby amended to read as follows:

      706.8819  1.  The Taxicab Authority shall conduct hearings and make final decisions in the following matters:

      (a) Applications to adjust, alter or change the rates, charges or fares for taxicab service;

      (b) Applications for certificates of public convenience and necessity to operate a taxicab service;

      (c) Applications requesting authority to transfer any existing interest in a certificate of public convenience and necessity or in a corporation that holds a certificate of public convenience and necessity to operate a taxicab business;

      (d) Applications to change the total number of allocated taxicabs in a county to which NRS 706.881 to 706.885, inclusive, and sections 1.5, 1.7 and 1.9 of this act apply; and

      (e) Appeals from final decisions of the Administrator made pursuant to NRS 706.8822.

      2.  [An appeal from the] Any final decision of the Taxicab Authority [must be made to the Nevada Transportation Authority.] pursuant to this section is subject to judicial review pursuant to NRS 233B.130.

      Sec. 8.1. NRS 706.8824 is hereby amended to read as follows:

      706.8824  1.  In determining whether circumstances require the establishment of a system of allocations or a change in existing allocations, the Taxicab Authority shall consider the interests, welfare, convenience, necessity and well-being of the customers of taxicabs.

      2.  Whenever circumstances require the establishment of a system of allocations, the Taxicab Authority shall allocate the number of taxicabs among the certificate holders in the county in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the Taxicab Authority in the county.

 


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number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the Taxicab Authority in the county.

      3.  Whenever circumstances require an increase in the existing allocations, the Taxicab Authority shall allocate the additional taxicabs equally among all the certificate holders who apply from the area to be affected by the allocation.

      4.  Unless a certificate holder puts the additionally allocated taxicabs into service within 30 days after the effective date of the increased allocation, the increased allocation to that certificate holder is void.

      5.  [The] Except as otherwise provided in this subsection, the Taxicab Authority may attach to the exercise of the rights granted by the allocation any terms and conditions which in its judgment the public interest may require. The Taxicab Authority may : [limit:]

      (a) [The] Not limit the geographical area from which service is offered or provided.

      (b) [The] Limit the hours of service [. Such] , but such a limitation must not reduce hours of service to less than 12 consecutive hours in a 24-hour period.

Ê If a limitation is placed on an allocation, taxicabs must be marked in a distinctive manner that indicates the limitation.

      6.  The Taxicab Authority shall review annually:

      (a) The existing allocation of taxicabs; and

      (b) The rates, charges or fares of the certificate holders in its jurisdiction.

      Sec. 8.3.NRS 706.8835 is hereby amended to read as follows:

      706.8835  1.  A certificate holder shall display on each of the certificate holder’s taxicabs the fare schedule under which it is being operated. The schedule must be permanently affixed:

      (a) On the outside of both front doors in bold block letters which are [of a color which contrasts with the color of the taxicab and which are] not less than three-fourths of an inch in height; and

      (b) Inside the taxicab so as to be visible and easily readable by passengers.

      2.  A certificate holder shall have a unit number and the name of the certificate holder displayed on [each side of] each taxicab in bold block letters not less than 4 inches in height and in a color which contrasts with the color of the taxicab.

      Sec. 8.5.NRS 706.8836 is hereby amended to read as follows:

      706.8836  1.  A certificate holder shall [equip] , for each of the certificate holder’s taxicabs which is equipped with a taximeter , [and shall] make provisions when installing the taximeter to allow sealing by the Administrator.

      2.  The Administrator shall approve the types of taximeters which may be used on a taxicab. All taximeters must conform to a 2-percent plus or minus tolerance on the fare recording, must be equipped with a signal device plainly visible from outside of the taxicab, must be equipped with a device which records fares and is plainly visible to the passenger and must register upon plainly visible counters the following items:

      (a) Total miles;

      (b) Paid miles;

      (c) Number of units;

      (d) Number of trips; and

 


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      (e) Number of extra passengers or extra charges.

      3.  The Administrator shall inspect each taximeter before its use in a taxicab and shall, if the taximeter conforms to the standards specified in subsection 2, seal the taximeter.

      4.  Except as otherwise provided in subsection 5, a taximeter may be sealed by:

      (a) Affixing a physical security seal to each access point of the taximeter; or

      (b) Using an electronic security seal that is encrypted and protected by an audited authentication and authorization mechanism for each user that is accessible only by the Administrator.

      5.  The Administrator may require that each taximeter be sealed by an electronic security seal that is encrypted and protected by an audited authentication and authorization mechanism for each user that is accessible only by the Administrator if the Administrator:

      (a) Makes a finding that the technology for the sealing method is commercially available and will reduce the costs to the Taxicab Authority for inspecting taximeters; and

      (b) Provides notice to each certificate holder at least 12 months before requiring the use of the sealing method.

      6.  The Administrator may reinspect the taximeter at any reasonable time.

      7.  A certificate holder shall, for each of the certificate holder’s taxicabs which is equipped with a device, method or system to indicate and determine the passenger fare charged other than a taximeter, provide verification to the Administrator that the device, method or system adequately records fares and has an application or electronic means to plainly display to the passenger the rate and fare. Such a device, method or system must maintain and record:

      (a) Total miles;

      (b) Paid miles;

      (c) Number of units;

      (d) Number of trips; and

      (e) Number of extra passengers or extra charges.

      8.  For the purposes of this section, “sealing” means prohibiting access to the elements of the taximeter used to calculate the items specified in subsection 2 by anyone other than the Administrator.

      Sec. 8.7.NRS 706.8844 is hereby amended to read as follows:

      706.8844  1.  A certificate holder shall require the certificate holder’s drivers to keep a daily trip sheet in a form to be prescribed by the Taxicab Authority, including, without limitation, in electronic form.

      2.  At the beginning of each period of duty the driver shall record on the driver’s trip sheet:

      (a) The driver’s name and the number of the taxicab;

      (b) The time at which the driver began the period of duty by means of a time clock provided by the certificate holder;

      (c) [The] If the taxicab is equipped with a taximeter, the meter readings for total miles, paid miles, trips, units, extra passengers and extra charges; and

      (d) The odometer reading of the taxicab.

      3.  During each period of duty the driver shall record on the driver’s trip sheet:

 


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      (a) The time, place of origin and destination of each trip; and

      (b) The number of passengers and amount of fare for each trip.

      4.  At the end of each period of duty the driver shall record on the driver’s trip sheet:

      (a) The time at which the driver ended the period of duty by means of a time clock provided by the certificate holder;

      (b) [The] If the taxicab is equipped with a taximeter, the meter readings for total miles, paid miles, trips, units and extra passengers; and

      (c) The odometer reading of the taxicab.

      5.  A certificate holder shall furnish a trip sheet form for each taxicab operated by a driver during the driver’s period of duty and shall require the drivers to return their completed trip sheets at the end of each period of duty.

      6.  A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the Administrator upon reasonable demand.

      7.  Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.

      8.  The Administrator shall prescribe the requirements for the use of an electronic version of a daily trip sheet. If a certificate holder requires its drivers to keep a daily trip sheet in electronic form, the certificate holder may comply with the requirements of this section:

      (a) By maintaining the information collected from the daily trip sheet in a secure database and providing the Administrator with access to the information in the database at regular intervals established by the Administrator and upon reasonable demand; or

      (b) By reporting the information to the Administrator on the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825.

      Sec. 8.9.NRS 706.8849 is hereby amended to read as follows:

      706.8849  1.  [A] If a taxicab is equipped with a taximeter, the taxicab driver shall:

      (a) Ensure that the fare indicator on the taximeter of the taxicab reads zero before the time that the taxicab is engaged.

      (b) Ensure that the taximeter of the taxicab is engaged while the taxicab is on hire.

      (c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.

      (d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.

      (e) [Not remove or alter fare schedules which have been posted in the taxicab by the certificate holder.

      (f)] Not permit any person or persons other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab requests that the other person or persons ride in the taxicab. If more than one person is loaded by the taxicab driver as set forth in this paragraph, the driver shall, when one of the persons leaves the taxicab, charge that person the fare on the meter and reset the taximeter.

      [(g)]2.  A taxicab driver shall:

 


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      (a) Not remove or alter fare schedules which have been posted in the taxicab by the certificate holder.

      (b) Not drive a taxicab or go on duty while under the influence of, or impaired by, any controlled substance, dangerous drug, or intoxicating liquor or drink intoxicating liquor while on duty.

      [(h)](c) Not use or consume controlled substances or dangerous drugs which impair a person’s ability to operate a motor vehicle at any time, or use or consume any other controlled substances or dangerous drugs at any time except in accordance with a lawfully issued prescription.

      [(i)](d) Not operate a taxicab without a valid driver’s permit issued pursuant to NRS 706.8841 and a valid driver’s license issued pursuant to NRS 483.325 in the driver’s possession.

      [(j)](e) Obey all provisions and restrictions of the certificate of public convenience and necessity issued to the driver’s employer [.

      2.]or the certificate holder with whom the driver contracts.

      3.  If a driver violates any provision of subsection 1 [,] or 2, the Administrator may, after a hearing, impose the following sanctions:

      (a) For a first offense, 1 to 5 days’ suspension of a driver’s permit or a fine of not more than $100, or both suspension and fine.

      (b) For a second offense, 6 to 20 days’ suspension of a driver’s permit or a fine of not more than $300, or both suspension and fine.

      (c) For a third offense, a fine of not more than $500.

Ê In addition to the other penalties set forth in this subsection, the Administrator may revoke a driver’s permit for any violation of a provision of paragraph [(g)] (b) of subsection [1.

      3.]2.

      4.  Only violations occurring in the 12 months immediately preceding the most current violation may be considered for the purposes of subsection [2.] 3. The Administrator shall inspect the driver’s record for that period to compute the number of offenses committed.

      Sec. 9. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 10 to 32, inclusive, of this act.

      Sec. 10. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 11 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 11. “Certificate holder” has the meaning ascribed to it in NRS 706.8813.

      Sec. 12. “Common motor carrier of passengers” has the meaning ascribed to it in NRS 706.041.

      Sec. 13. “Driver” has the meaning ascribed to it in section 18 of Assembly Bill No. 176 of this session.

      Sec. 14. “Operator” has the meaning ascribed to it in NRS 706.101.

      Sec. 15. “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      Sec. 16. “Taxpayer” means a:

      1.  Common motor carrier of passengers;

      2.  Taxicab; or

      3.  Transportation network company.

      Sec. 17. “Transportation network company” has the meaning ascribed to it in section 19 of Assembly Bill No. 176 of this session.

      Sec. 18. “Transportation services” has the meaning ascribed to it in section 20 of Assembly Bill No. 176 of this session.

 


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ê2015 Statutes of Nevada, Page 2606 (Chapter 447, SB 376)ê

 

      Sec. 19. The provisions of chapter 360 of NRS relating to the payment, collection, administration and enforcement of taxes, including, without limitation, any provisions relating to the imposition of penalties and interest, shall be deemed to apply to the payment, collection, administration and enforcement of the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of this session to the extent that those provisions do not conflict with the provisions of this chapter.

      Sec. 20. The Department shall adopt all necessary regulations to carry out the provisions of this chapter.

      Sec. 21. The State Treasurer shall deposit any money the State Treasurer receives from the Department pursuant to sections 28, 51 and 52 of Assembly Bill No. 175 of this session:

      1.  For the first $5,000,000 of the combined amount of such money received in each biennium, for credit to the State Highway Fund.

      2.  For any additional amount of such money received in each fiscal year, for credit to the State General Fund.

      Sec. 22. 1.  Each person responsible for maintaining the records of a taxpayer shall:

      (a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the provisions of this chapter;

      (b) Preserve those records for 4 years or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and

      (c) Make the records available for inspection by the Department upon demand at reasonable times during regular business hours.

      2.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 23. To verify the accuracy of any return filed by a taxpayer or, if no return is filed, to determine the amount required to be paid, the Department, or any person authorized in writing by the Department, may examine the books, papers and records of any person who may be liable for the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of this session.

      Sec. 24. If the Department determines that the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of this session or any penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must, after being credited against any amount then due from the person in accordance with NRS 360.236, be refunded to the person or his or her successors in interest.

      Sec. 25. 1.  Except as otherwise provided in NRS 360.235 and 360.395:

      (a) No refund of the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of this session may be allowed unless a claim for refund is filed with the Department within 3 years after the last day of the month following the month for which the overpayment was made.

 


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ê2015 Statutes of Nevada, Page 2607 (Chapter 447, SB 376)ê

 

      (b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period.

      2.  Each claim must be in writing and must state the specific grounds upon which the claim is founded.

      3.  The failure to file a claim within the time prescribed in subsection 1 constitutes a waiver of any demand against the State on account of any overpayment.

      Sec. 26. 1.  Except as otherwise provided in subsection 2, NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of this session at the rate set forth in, and in accordance with the provisions of, NRS 360.2937.

      2.  If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.

      Sec. 27. 1.  Within 30 days after rejecting a claim for refund or credit in whole or in part, the Department shall serve written notice of its action on the claimant in the manner prescribed for service of a notice of deficiency determination. Within 30 days after the date of service of the notice, a claimant who is aggrieved by the action of the Department may file an appeal with the Nevada Tax Commission.

      2.  If the Department fails to serve notice of its action on a claim for refund or credit within 6 months after the claim is filed, the claimant may consider the claim to be disallowed and file an appeal with the Nevada Tax Commission within 30 days after the last day of the 6-month period.

      3.  The final decision of the Nevada Tax Commission on an appeal is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.

      Sec. 28. 1.  A proceeding for judicial review of a decision of the Nevada Tax Commission may not be commenced or maintained by an assignee of the claimant or by any other person other than the person who paid the amount at issue in the claim.

      2.  The failure of a claimant to file a timely petition for judicial review constitutes a waiver of any demand against the State on account of any overpayment.

      Sec. 29. 1.  If judgment is rendered for the claimant in a proceeding for judicial review, any amount found by the court to have been erroneously or illegally collected must first be credited to any tax due from the claimant. The balance of the amount must be refunded to the claimant.

      2.  In any such judgment, interest must be allowed at the rate of 3 percent per annum upon any amount found to have been erroneously or illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.

      Sec. 30. 1.  No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this State or against any officer of the State to prevent or enjoin the collection of the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of this session or any amount of tax, penalty or interest required to be collected.

 


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ê2015 Statutes of Nevada, Page 2608 (Chapter 447, SB 376)ê

 

      2.  No suit or proceeding, including, without limitation, a proceeding for judicial review, may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed within the time prescribed in section 25 of this act.

      Sec. 31. 1.  A person shall not, with intent to defraud the State or evade payment of the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of this session or any part of the taxes:

      (a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any return or declaration.

      (b) Make, cause to be made or permit to be made any false entry in books, records or accounts.

      (c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts.

      2.  Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.

      Sec. 32. The remedies of the State provided for in this chapter are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in those sections.

      Sec. 33. NRS 360.2937 is hereby amended to read as follows:

      360.2937  1.  Except as otherwise provided in this section and NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A or 377C of NRS [,] or sections 10 to 32, inclusive, of this act and sections 28, 51 and 52 of Assembly Bill No. 175 of this session, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

      2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

      3.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

      Sec. 34. NRS 360.417 is hereby amended to read as follows:

      360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A, 377C, 444A or 585 of NRS [,] or sections 10 to 32, inclusive, of this act and sections 28, 51 and 52 of Assembly Bill No. 175 of this session, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.

 


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ê2015 Statutes of Nevada, Page 2609 (Chapter 447, SB 376)ê

 

required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

      Sec. 35. Section 28 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

      Sec. 28.  1.  In addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the use of a digital network or software application service of a transportation network company to connect a passenger to a driver for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for transportation services, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The [Commission] Department of Taxation shall charge and collect from each transportation network company the excise tax imposed by this subsection.

      2.  The excise tax collected by the [Commission] Department of Taxation pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of section [53 of this act.] 21 of Senate Bill No. 376 of this session.

      Sec. 36. Section 51 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

      Sec. 51.  1.  Except as otherwise provided in subsection 2 and in addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the connection, whether by dispatch or other means, made by a common motor carrier of a passenger to a person or operator willing to transport the passenger at the rate of 3 percent of the total fare charged for the transportation, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The [Authority] Department of Taxation shall charge and collect from each common motor carrier of passengers the excise tax imposed by this subsection.

       2.  The provisions of subsection 1 do not apply to an airport transfer service.

      3.  The excise tax collected by the [Authority] Department of Taxation pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of section [53 of this act.] 21 of Senate Bill No. 376 of this session.

       4.  As used in this section, “airport transfer service” means the transportation of passengers and their baggage in the same vehicle, except by taxicab, for a per capita charge between airports or between an airport and points and places in this State. The term does not include charter services by bus, charter services by limousine, scenic tours or special services.

 


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ê2015 Statutes of Nevada, Page 2610 (Chapter 447, SB 376)ê

 

      Sec. 37. Section 52 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

      Sec. 52.  1.  Except as otherwise provided in subsection 2 and in addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the connection, whether by dispatch or other means, made by a certificate holder of a passenger to a taxicab willing to transport the passenger at the rate of 3 percent of the total fare charged for the transportation, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The [Taxicab Authority] Department of Taxation shall charge and collect from each certificate holder the excise tax imposed by this subsection.

      2.  The excise tax collected by the [Taxicab Authority] Department of Taxation pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of section [53 of this act.] 21 of Senate Bill No. 376 of this session.

      Sec. 38.  The Legislative Counsel shall, in preparing the reprint and supplements to the Nevada Revised Statutes, make such changes as necessary to the placement within NRS of the provisions of Assembly Bill No. 175 of this session to carry out the provisions of this act which transfer the responsibility for collecting and administering the excise taxes imposed by Assembly Bill No. 175 of this session to the Department of Taxation.

      Sec. 39.  The amendatory provisions of this act do not apply to any administrative hearings before the Taxicab Authority where a final decision was issued by the Taxicab Authority on or before January 1, 2016.

      Sec. 40.  1.  Section 53 of Assembly Bill No. 175 of this session is hereby repealed.

      2.  Sections 51 and 52 of Assembly Bill No. 176 of this session are hereby repealed.

      Sec. 41. NRS 706.2883 is hereby repealed.

      Sec. 42.  1.  This section and sections 9 to 35, inclusive, 38 and 40 of this act become effective upon passage and approval.

      2.  Sections 36 and 37 of this act become effective on August 28, 2015.

      3.  Sections 1 to 8.9, inclusive, 39 and 41 of this act become effective on January 1, 2016.

________

 


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ê2015 Statutes of Nevada, Page 2611ê

 

CHAPTER 448, SB 194

Senate Bill No. 194–Committee on Commerce, Labor and Energy

 

CHAPTER 448

 

[Approved: June 9, 2015]

 

AN ACT relating to industrial insurance; revising the threshold cost of a construction project at which a private company, public entity or utility may establish a consolidated insurance program; requiring the owner or principal contractor of a construction project that is covered by a consolidated insurance program to provide access to the site of the construction project and to documents relating to claims under certain circumstances; revising certain requirements for the issuance of a policy or contract of insurance providing coverage for a consolidated insurance program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law allows a private company, public entity or utility to establish and administer or to require participation in a consolidated insurance program for industrial insurance on a construction project which meets a minimum threshold amount established by the Commissioner of Insurance, which must initially be set at $150,000,000. (NRS 616B.710) Section 1 of this bill fixes this threshold cost for a construction project or series of projects at $50,000,000.

      Existing law requires that each consolidated insurance program have a designated administrator of claims. Existing law also prohibits the administrator from serving as administrator for more than one consolidated insurance program. (NRS 616B.727) Section 3 of this bill removes this prohibition, allowing an administrator of claims to serve as the administrator of claims for the consolidated insurance program of more than one construction project. Section 3 also requires that any policy or contract of insurance required by a consolidated insurance program be issued by an insurer meeting certain requirements.

      Section 2.5 of this bill requires the owner or primary contractor of a construction project to allow the contractor, employer or subcontractor who employs an employee who is engaged in the construction project to have access to the site of the construction project and to any documents relating to claims filed by or on behalf of their injured workers.

 

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 616B.710 is hereby amended to read as follows:

      616B.710  1.  A private company, public entity or utility may:

      (a) Establish and administer a consolidated insurance program to provide industrial insurance coverage for employees of contractors and subcontractors who are engaged in a construction project or series of projects of which the private company, public entity or utility is the owner or principal contractor, if the estimated total cost of the construction project or series of projects is equal to or greater than [the threshold amount established by the Commissioner pursuant to subsection 3;] $50,000,000; and

 


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ê2015 Statutes of Nevada, Page 2612 (Chapter 448, SB 194)ê

 

      (b) As a condition precedent to the award of a contract to perform work on the construction project [,] or any project that is part of the series of projects, require that contractors and subcontractors who will be engaged in the construction of the project or series of projects participate in the consolidated insurance program.

      2.  If a private company, public entity or utility:

      (a) Establishes and administers a consolidated insurance program; and

      (b) Pursuant to the contract for the construction of the project [,] or series of projects, owes a periodic payment to a contractor or subcontractor whose employees are covered under the consolidated insurance program,

Ê the private company, public entity or utility shall not withhold such a periodic payment on the basis that the contractor or subcontractor has not signed an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045.

      3.  [The Commissioner shall establish the threshold amount that the estimated total cost of a construction project must be equal to or greater than before a consolidated insurance program may be established and administered for that project pursuant to this section. The base amount for the threshold must initially be $150,000,000 and thereafter must be an amount equal to $150,000,000 as adjusted by the Commissioner on June 30 of each year to reflect the present value of that amount with respect to the construction cost index.

      4.]  As used in this section:

      (a) [“Construction cost index” means the construction cost index published by the Engineering News-Record as a measure of inflation.

      (b)] “Estimated total cost” means the estimated cost to complete all parts of a construction project [,] or series of projects, including, without limitation, the cost of:

             (1) Designing the project [;] or series of projects;

             (2) Acquiring the real property on which the project or series of projects will be constructed;

             (3) Connecting the project or series of projects to utilities;

             (4) Excavating and carrying out underground improvements for the project [;] or series of projects; and

             (5) Acquiring equipment and furnishings for the project [.] or series of projects.

Ê The term does not include the cost of any fees or charges associated with acquiring the money necessary to complete the project [.] or series of projects.

      (b) “Series of projects” means two or more projects of which the same private company, public entity or utility is the owner or principal contractor and acts as the sponsor under which a consolidated insurance program is established.

      Sec. 2.  (Deleted by amendment.)

      Sec. 2.5. NRS 616B.725 is hereby amended to read as follows:

      616B.725  1.  A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to NRS 616B.710 must, in the manner set forth in this section, provide for the safety of an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at the site of the construction project.

 


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ê2015 Statutes of Nevada, Page 2613 (Chapter 448, SB 194)ê

 

      2.  The owner or principal contractor of the construction project shall develop and carry out a safety program that includes, without limitation:

      (a) The establishment of minimum standards of safety to be observed during construction of the project;

      (b) The holding of regular meetings to address and discuss issues related to safety;

      (c) Training of contractors and subcontractors regarding issues and procedures related to safety;

      (d) Regular inspections of the site of the construction project to identify potential safety hazards and ensure that minimum standards of safety are being observed;

      (e) The notification of contractors and subcontractors of special hazards that exist at the site of the construction project, including advice on ways in which the contractors and subcontractors can avoid those hazards; and

      (f) The prompt investigation of any injuries that take place at the site of the construction project which result in death or serious bodily injury.

      3.  The owner or principal contractor of the construction project shall hire or contract with two persons to serve as the primary and alternate coordinators for safety for the construction project. The primary and alternate coordinators for safety must:

      (a) Possess credentials in the field of safety that the Administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project, including, without limitation, credentials issued by : [the:]

             (1) The Board of Certified Safety Professionals; or

             (2) [Insurance Institute of America;] The Institutes; or

      (b) Have at least 3 years of experience in overseeing matters of occupational safety and health in the field of construction that the Administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project.

      4.  The primary and alternate coordinators for safety for the construction project:

      (a) Must not serve as coordinators for safety for another construction project that is covered by a different consolidated insurance program;

      (b) Shall oversee and enforce the safety program established pursuant to subsection 2, including, without limitation, resolving problems related to the operation of the safety program; and

      (c) Shall ensure that the contractors, employers and subcontractors who are engaged in the construction of the project coordinate their efforts regarding issues of occupational safety and health to create and maintain a safe and healthful workplace.

      5.  The alternate coordinator for safety shall report to the primary coordinator for safety regarding activities that take place at the site of the construction project when the primary coordinator is absent.

      6.  The owner or principal contractor of the construction project shall ensure that the primary or alternate coordinator for safety for the construction project is physically present at the site of the construction project whenever activity related to construction is taking place at the site.

      7.  The owner or principal contractor of the construction project shall allow the contractor, employer or subcontractor who employs an employee who is engaged in the construction project to access:

 


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      (a) The site of the construction project for the purpose of ensuring the occupational safety and health of the employees of the contractor, employer or subcontractor; and

      (b) Any documents relating to claims filed by or on behalf of an employee of the contractor, employer or subcontractor who has been injured on the construction project.

      Sec. 3. NRS 616B.727 is hereby amended to read as follows:

      616B.727  1.  A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to NRS 616B.710 must, in the manner set forth in this section, provide for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at the site of the construction project.

      2.  The owner or principal contractor of the construction project shall hire or contract with a person to serve as the administrator of claims for industrial insurance for the construction project. [Such a person must not serve as an administrator of claims for industrial insurance for another construction project that is covered by a different consolidated insurance program.]

      3.  Any policy or contract of insurance providing coverage for a consolidated insurance program must be issued by an insurer who is rated A- or better by A.M. Best with a Financial Size Category of Class VII or larger, or the equivalent as determined by the Commissioner.

      4.  The administrator of claims for industrial insurance for the construction project who is hired or with whom the owner or principal contractor contracts pursuant to subsection 2 shall:

      (a) Assist an employee who is covered under the consolidated insurance program or, in the event of the employee’s death, one of the dependents of the employee, in filing a written notice of injury or death as required pursuant to NRS 616C.015 or a written notice of an occupational disease as required pursuant to NRS 617.342;

      (b) Sign and file on behalf of a contractor or subcontractor whose employees are covered under the consolidated insurance program an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045 or 617.354;

      (c) Ensure that an employee who is covered under the consolidated insurance program and who has been injured or who has incurred an occupational disease while working on the construction project is directed to a medical facility that will provide treatment to the employee under the program;

      (d) Handle all issues, to the extent reasonably practicable, relating to claims for industrial insurance at the site of the construction project; and

      (e) Hire or contract such assistant administrators as may be necessary to carry out the responsibilities of the administrator of claims pursuant to this section.

      [4.]5.  The owner or principal contractor of the construction project shall ensure that the administrator of claims for industrial insurance for the construction project or an assistant administrator is physically present at the site of the construction project whenever activity related to construction is taking place at the site.

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ê2015 Statutes of Nevada, Page 2615ê

 

CHAPTER 449, SB 401

Senate Bill No. 401–Senators Denis, Ford, Kihuen; and Segerblom

 

Joint Sponsors: Assemblymen Flores, Diaz; Bustamante Adams, Carlton, Carrillo and Thompson

 

CHAPTER 449

 

[Approved: June 9, 2015]

 

AN ACT relating to public affairs; authorizing certain persons to file complaints relating to notaries public or document preparation services with the Secretary of State; revising provisions relating to the requirements for an application for appointment as a notary public or document preparation service; revising provisions relating to the advertising of services as a notary public or document preparation service; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Secretary of State to appoint notaries public. (NRS 240.010) In addition, existing law provides that it is unlawful for a person: (1) to represent themselves as a notary public if they have not been appointed by the Secretary of State; (2) to submit an application for appointment as a notary public that contains a material misrepresentation or omission of fact; and (3) if the person is a notary public, to use the term “notario” or “notario publico” on any advertisement if the person is not also an attorney licensed in this State. (NRS 240.010, 240.085) Existing law sets forth similar prohibitions with respect to a document preparation service. (NRS 240A.100, 240A.240, 240A.260)

      Sections 8 and 13 of this bill authorize any person who is aware of a violation of existing law governing notaries public and document preparation services to file a complaint with the Secretary of State. Sections 9 and 11 of this bill require an applicant for appointment as a notary public or registration as a document preparation service to provide with his or her application a declaration under penalty of perjury stating that the applicant has never had an appointment as a notary public, or certificate or license as a document preparation service, as applicable, revoked or suspended in this State or any other state or territory. Section 10 of this bill adds the term “licenciado” to the list of terms prohibited to be used in an advertisement if a notary public is not also an attorney licensed in this State. Section 12 of this bill similarly prohibits document preparation services from using terms that may mislead a consumer into believing that a document preparation service is a licensed attorney, if such is not the case.

 

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 1-7. (Deleted by amendment.)

      Sec. 8. NRS 240.010 is hereby amended to read as follows:

      240.010  1.  The Secretary of State may appoint notaries public in this State.

      2.  The Secretary of State shall not appoint as a notary public a person:

      (a) Who submits an application containing a substantial and material misstatement or omission of fact.

      (b) Whose previous appointment as a notary public in this State has been revoked.

 


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      (c) Who, except as otherwise provided in subsection 3, has been convicted of:

             (1) A crime involving moral turpitude; or

             (2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity,

Ê if the Secretary of State is aware of such a conviction before the Secretary of State makes the appointment.

      (d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.

      (e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that the person has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

      3.  A person who has been convicted of a crime involving moral turpitude may apply for appointment as a notary public if the person provides proof satisfactory to the Secretary of State that:

      (a) More than 10 years have elapsed since the date of the person’s release from confinement or the expiration of the period of his or her parole, probation or sentence, whichever is later;

      (b) The person has made complete restitution for his or her crime involving moral turpitude, if applicable;

      (c) The person possesses his or her civil rights; and

      (d) The crime for which the person was convicted is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2.

      4.  A notary public may cancel his or her appointment by submitting a written notice to the Secretary of State.

      5.  It is unlawful for a person to:

      (a) Represent himself or herself as a notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to this chapter.

      (b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.

      (c) Violate any provision of this chapter, including, without limitation, the provisions of NRS 240.085.

      6.  Any person who is aware of a violation of this chapter by a notary public or a person applying for appointment as a notary public may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.

      7.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 5.

      Sec. 9. NRS 240.030 is hereby amended to read as follows:

      240.030  1.  Each person applying for appointment as a notary public must:

      (a) At the time the applicant submits his or her application, pay to the Secretary of State $35.

      (b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer.

      (c) Submit to the Secretary of State proof satisfactory to the Secretary of State that the applicant has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

 


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      (d) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

      (e) Submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had an appointment as a notary public revoked or suspended in this State or any other state or territory of the United States.

      (f) If required by the Secretary of State, submit:

             (1) A complete set of the fingerprints of the applicant and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

             (2) A fee established by regulation of the Secretary of State which must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      2.  In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the Secretary of State with the application:

      (a) An affidavit setting forth the adjoining state in which the applicant resides, the applicant’s mailing address and the address of the applicant’s place of business or employment that is located within the State of Nevada;

      (b) A copy of the applicant’s state business license issued pursuant to chapter 76 of NRS and any business license required by the local government where the business is located, if the applicant is self-employed; and

      (c) Unless the applicant is self-employed, a copy of the state business license of the applicant’s employer, a copy of any business license of the applicant’s employer that is required by the local government where the business is located and an affidavit from the applicant’s employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      3.  In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his or her residential address or telephone number on any such document which will become available to the public.

      4.  The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for the appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.

      5.  The term of a notary public commences on the effective date of the bond required pursuant to paragraph (d) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless the notary public has been issued a certificate of appointment.

 


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shall not perform a notarial act after the effective date of the bond unless the notary public has been issued a certificate of appointment.

      6.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

      Sec. 10. NRS 240.085 is hereby amended to read as follows:

      240.085  1.  Every notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:

 

       I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.

 

      2.  A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico [”] ,” “licenciado” or any other equivalent non-English term in any form of communication that advertises his or her services as a notary public, including, without limitation, a business card, stationery, notice and sign.

      3.  If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 or 2, the Secretary of State shall:

      (a) Suspend the appointment of the notary public for not less than 1 year.

      (b) Revoke the appointment of the notary public for a third or subsequent offense.

      4.  A notary public who is found guilty in a criminal prosecution of violating subsection 1 or 2 shall be punished by a fine of not more than $2,000.

      Sec. 11. NRS 240A.100 is hereby amended to read as follows:

      240A.100  1.  A person who wishes to engage in the business of a document preparation service must be registered by the Secretary of State pursuant to this chapter. An applicant for registration must be a citizen or legal resident of the United States and at least 18 years of age.

      2.  The Secretary of State shall not register as a document preparation service any person:

      (a) Who is suspended or has previously been disbarred from the practice of law in any jurisdiction;

      (b) Whose registration as a document preparation service has previously been revoked by the Secretary of State;

      (c) Who has previously been convicted of a gross misdemeanor pursuant to paragraph (b) of subsection 1 of NRS 240A.290; or

      (d) Who has, within the 10 years immediately preceding the date of the application for registration as a document preparation service, been:

 


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ê2015 Statutes of Nevada, Page 2619 (Chapter 449, SB 401)ê

 

             (1) Convicted of a crime involving theft, fraud or dishonesty;

             (2) Convicted of the unauthorized practice of law pursuant to NRS 7.285 or the corresponding statute of any other jurisdiction; or

             (3) Adjudged by the final judgment of any court to have committed an act involving theft, fraud or dishonesty.

      3.  An application for registration as a document preparation service must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by a cash bond or surety bond meeting the requirements of NRS 240A.120.

      4.  An applicant for registration must submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had a certificate or license as a document preparation service revoked or suspended in this State or any other state or territory of the United States.

      5.  After the investigation of the history of the applicant is completed, the Secretary of State shall issue a certificate of registration if the applicant is qualified for registration and has complied with the requirements of this section. Each certificate of registration must bear the name of the registrant and a registration number unique to that registrant. The Secretary of State shall maintain a record of the name and registration number of each registrant.

      Sec. 12. NRS 240A.240 is hereby amended to read as follows:

      240A.240  A registrant shall not:

      1.  After the date of the last service performed for a client, retain any fees or costs for services not performed or costs not incurred.

      2.  Make, orally or in writing:

      (a) A promise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in fact for making the promise;

      (b) A statement that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted; or

      (c) A false or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.

      3.  In any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term “legal aid,” “legal services,” “law office,” “notario,” “notario publico,” “notary public,” “notary,” “licensed,” “licenciado,” “attorney,” “lawyer” or any similar term, in English , Spanish or [in] any other language, which implies that the registrant:

      (a) Offers services without charge if the registrant does not do so; or

      (b) Is an attorney authorized to practice law in this State.

      4.  Negotiate with another person concerning the rights or responsibilities of a client, communicate the position of a client to another person or convey the position of another person to a client.

      5.  Appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.

      6.  Provide any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies, except that a registrant may provide to a client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.

 


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ê2015 Statutes of Nevada, Page 2620 (Chapter 449, SB 401)ê

 

client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.

      7.  Seek or obtain from a client a waiver of any provision of this chapter. Any such waiver is contrary to public policy and void.

      Sec. 13. NRS 240A.260 is hereby amended to read as follows:

      240A.260  1.  If the Secretary of State obtains information that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person, the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.

      2.  If, after investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may:

      (a) Serve, by certified mail addressed to the person who has committed the violation, a written order directing the person to cease and desist from the conduct constituting the violation. The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant to NRS 240A.290.

      (b) If a registrant has committed the violation, begin proceedings pursuant to NRS 240A.270 to revoke or suspend the registration of the registrant.

      (c) Refer the alleged violation to the Attorney General or a district attorney for commencement of a civil action against the person pursuant to NRS 240A.280.

      (d) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to NRS 240A.290.

      (e) Take any combination of the actions described in this subsection.

      3.  Any person who is aware of a violation of this chapter by a document preparation service, or person applying for registration as a document preparation service, may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.

      Sec. 14.  1.  This section and sections 1 to 9, inclusive, 11 and 13 of this act become effective upon passage and approval.

      2.  Sections 10 and 12 of this act become effective on October 1, 2015.

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ê2015 Statutes of Nevada, Page 2621ê

 

CHAPTER 450, SB 254

Senate Bill No. 254–Senators Farley, Hardy, Harris; and Settelmeyer

 

CHAPTER 450

 

[Approved: June 9, 2015]

 

AN ACT relating to construction; amending the amount of retainage authorized on public works; amending the retention amount authorized on private works of improvement; extending existing provisions related to retainage; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a public body undertaking a public work to withhold as a retainage at least 5 percent from progress payments made to a contractor during the first half of the project. After completion of half of the project, the amount of the retainage becomes optional and any remaining progress payments or withheld retainage may be paid. (NRS 338.515) Section 2 of this bill requires the amount of the retainage to be 5 percent.

      Existing law provides that in private construction projects, not more than 10 percent of progress payments may be withheld from such payments as a retention amount by an owner to a contractor and from a contractor to a subcontractor, and that such funds must be paid upon satisfaction of certain criteria including the issuance of a certificate of occupancy by a building inspector. (NRS 624.609, 624.620, 624.624) Sections 3 and 5 of this bill reduce the retention amount allowed on private construction projects from 10 percent to 5 percent. Section 4 of this bill requires that retained funds be paid upon the issuance of a temporary certificate of occupancy. Finally, section 6 of this bill repeals the expiration of certain provisions of existing law pertaining to retainage in public works which are set to expire on July 1, 2015. (NRS 338.515, 338.530, 338.555, 338.560, 338.595)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 338.515 is hereby amended to read as follows:

      338.515  1.  Except as otherwise provided in NRS 338.525, a public body and its officers or agents awarding a contract for a public work shall pay or cause to be paid to a contractor the progress payments due under the contract within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. [Not more than 95] Ninety five percent of the amount of any progress payment [may] must be paid and 5 percent withheld as retainage until 50 percent of the work required by the contract has been performed.

      2.  After 50 percent of the work required by the contract has been performed, the public body may pay to the contractor:

      (a) Any of the remaining progress payments without withholding additional retainage; and

      (b) Any amount of any retainage that was withheld from progress payments pursuant to subsection 1,

Ê if, in the opinion of the public body, satisfactory progress is being made in the work.

 


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      3.  After determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body may pay to the contractor an amount of any retainage that was withheld from progress payments pursuant to subsection 1 if:

      (a) A subcontractor has performed a portion of the work;

      (b) The contractor has determined that satisfactory progress is being made in the work under the subcontract with the subcontractor pursuant to NRS 338.555;

      (c) The public body determines that the portion of the work has been completed in compliance with all applicable plans and specifications;

      [(c)](d) The subcontractor submits to the contractor:

             (1) A release of the subcontractor’s claim for a mechanic’s lien for the portion of the work; and

             (2) From each of the subcontractor’s subcontractors and suppliers who performed work or provided material for the portion of the work, a release of his or her claim for a mechanic’s lien for the portion of the work; and

      [(d)](e) The amount of the retainage which the public body pays is in proportion to the portion of the work which the subcontractor has performed.

      4.  If, after determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body continues to withhold retainage from remaining progress payments:

      (a) If the public body does not withhold any amount pursuant to NRS 338.525:

             (1) The public body may not withhold more than 2.5 percent of the amount of any progress payment; and

             (2) Before withholding any amount pursuant to subparagraph (1), the public body must pay to the contractor 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or

      (b) If the public body withholds any amount pursuant to NRS 338.525:

             (1) The public body may not withhold more than 5 percent of the amount of any progress payment; and

             (2) The public body may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.

      5.  Except as otherwise provided in NRS 338.525, a public body shall identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that:

      (a) Are identified in the contract;

      (b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in a public work; and

      (c) Are in short supply or were specially made for the public work,

Ê within 30 days after the public body receives a progress bill from the contractor for those supplies, materials or equipment.

      6.  A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on any amount withheld by the public body pursuant to NRS 338.400 to 338.645, inclusive, at a rate equal to the rate quoted by at least three insured banks, credit unions or savings and loan associations in this State as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter.

 


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ê2015 Statutes of Nevada, Page 2623 (Chapter 450, SB 254)ê

 

quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until:

      (a) The end of a subsequent quarter after which the amount of interest due is $500 or more;

      (b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or

      (c) The amount withheld under the contract is due pursuant to NRS 338.520,

Ê whichever occurs first.

      7.  If the Labor Commissioner has reason to believe that a worker is owed wages by a contractor or subcontractor, the Labor Commissioner may require the public body to withhold from any payment due the contractor under this section and pay the Labor Commissioner instead, an amount equal to the amount the Labor Commissioner believes the contractor owes to the worker. This amount must be paid by the Labor Commissioner to the worker if the matter is resolved in the worker’s favor, otherwise it must be returned to the public body for payment to the contractor.

      Secs. 2.3-2.9. (Deleted by amendment.)

      Sec. 3. NRS 624.609 is hereby amended to read as follows:

      624.609  1.  Except as otherwise provided in subsections 2 and 4 and subsection 4 of NRS 624.622, if an owner of real property enters into a written or oral agreement with a prime contractor for the performance of work or the provision of materials or equipment by the prime contractor, the owner must:

      (a) Pay the prime contractor on or before the date a payment is due pursuant to a schedule for payments established in a written agreement; or

      (b) If no such schedule is established or if the agreement is oral, pay the prime contractor within 21 days after the date the prime contractor submits a request for payment.

      2.  If an owner has complied with subsection 3, the owner may:

      (a) Withhold from any payment to be made to the prime contractor:

             (1) A retention amount that, if the owner is authorized to withhold a retention amount pursuant to the agreement, must not exceed [10] 5 percent of the amount of the payment to be made;

             (2) An amount equal to the sum of the value of:

                   (I) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is being sought, unless the agreement otherwise allows or requires such a payment to be made; and

                   (II) Costs and expenses reasonably necessary to correct or repair any work which is the subject of the request for payment and which is not materially in compliance with the agreement to the extent that such costs and expenses exceed 50 percent of the retention amount withheld pursuant to subparagraph (1); and

             (3) The amount the owner has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner is or may reasonably be liable for the prime contractor or his or her lower-tiered subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or 617 of NRS; and

      (b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the prime contractor and his or her lower-tiered subcontractors and suppliers in accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457.

 


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subcontractors and suppliers in accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457.

      3.  If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, an owner intends to withhold any amount from a payment to be made to a prime contractor, the owner must give, on or before the date the payment is due, a written notice to the prime contractor of any amount that will be withheld. The written notice of withholding must:

      (a) Identify the amount of the request for payment that will be withheld from the prime contractor;

      (b) Give a reasonably detailed explanation of the condition or the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the agreement, and any documents relating thereto, and the applicable building code, law or regulation with which the prime contractor has failed to comply; and

      (c) Be signed by an authorized agent of the owner.

      4.  A prime contractor who receives a notice of withholding pursuant to subsection 3 or a notice of objection pursuant to subparagraph (2) of paragraph (b) may:

      (a) Give the owner a written notice and thereby dispute in good faith and for reasonable cause the amount withheld, or the condition or reason for the withholding; or

      (b) Correct any condition or reason for the withholding described in the notice of withholding and thereafter provide written notice to the owner of the correction of the condition or reason for the withholding. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition or reason for the withholding and be signed by an authorized representative of the prime contractor. If an owner receives a written notice from the prime contractor of the correction of a condition or reason for the withholding pursuant to this paragraph, the owner shall:

             (1) Pay the amount withheld by the owner for that condition or reason for the withholding on or before the date the next payment is due the prime contractor; or

             (2) Object to the scope and manner of the correction of the condition or reason for the withholding, on or before the date the next payment is due to the prime contractor, in a written statement which sets forth the condition or reason for the objection and which complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition or reason for the withholding, the owner shall nevertheless pay to the prime contractor, along with the payment to be made pursuant to the prime contractor’s next payment request, the amount withheld for the correction of the condition or reason for the withholding to which the owner no longer objects.

      5.  Except as otherwise allowed in subsections 2, 3 and 4, an owner shall not withhold from a payment to be made to a prime contractor more than the retention amount.

      Sec. 4. NRS 624.620 is hereby amended to read as follows:

      624.620  1.  Except as otherwise provided in this section, any money remaining unpaid for the construction of a work of improvement is payable to the prime contractor within 30 days after:

      (a) Occupancy or use of the work of improvement by the owner or by a person acting with the authority of the owner; or

 


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ê2015 Statutes of Nevada, Page 2625 (Chapter 450, SB 254)ê

 

      (b) The availability of a work of improvement for its intended use. The prime contractor must have provided to the owner:

             (1) A written notice of availability on or before the day on which the prime contractor claims that the work of improvement became available for use or occupancy; or

             (2) A certificate of occupancy or temporary certificate of occupancy issued by the appropriate building inspector or other authority.

      2.  If the owner has complied with subsection 3, the owner may:

      (a) Withhold payment for the amount of:

            (1) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is sought;

             (2) The costs and expenses reasonably necessary to correct or repair any work that is not materially in compliance with the agreement to the extent that such costs and expenses exceed 50 percent of the amount of retention being withheld pursuant to the terms of the agreement; and

             (3) Money the owner has paid or is required to pay pursuant to an official notice from a state agency, or employee benefit trust fund, for which the owner is liable for the prime contractor or his or her lower-tiered subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or 617 of NRS.

      (b) Require, as a condition precedent to the payment of any unpaid amount under the agreement, that lien releases be furnished by the prime contractor and his or her lower-tiered subcontractors and suppliers in accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457.

      3.  If, pursuant to paragraph (a) of subsection 2, an owner intends to withhold any amount from a payment to be made to a prime contractor, the owner must, on or before the date the payment is due, give written notice to the prime contractor of any amount that will be withheld. The written notice of withholding must:

      (a) Identify the amount that will be withheld from the prime contractor;

      (b) Give a reasonably detailed explanation of the condition for which or the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the agreement with the prime contractor, and any documents relating thereto, and the applicable building code, law or regulation with which the prime contractor has failed to comply; and

      (c) Be signed by an authorized agent of the owner.

      4.  A prime contractor who receives a notice of withholding pursuant to subsection 3 may correct any condition or reason for the withholding described in the notice of withholding and thereafter provide written notice to the owner of the correction of the condition or reason for the withholding. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition or reason for the withholding and be signed by an authorized representative of the prime contractor. If an owner receives a written notice from the prime contractor of the correction of a condition or reason for the withholding described in an owner’s notice of withholding pursuant to subsection 3, the owner must, within 10 days after receipt of such notice:

      (a) Pay the amount withheld by the owner for that condition or reason for the withholding; or

 


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      (b) Object to the scope and manner of the correction of the condition or reason for the withholding in a written statement that sets forth the reason for the objection and complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition or reason for the withholding, the owner shall nevertheless pay to the prime contractor, along with the payment to be made pursuant to the prime contractor’s next payment request, the amount withheld for the correction of the condition or reason for the withholding to which the owner no longer objects.

      5.  The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For works of improvement which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the prime contractor.

      Sec. 5. NRS 624.624 is hereby amended to read as follows:

      624.624  1.  Except as otherwise provided in this section, if a higher-tiered contractor enters into:

      (a) A written agreement with a lower-tiered subcontractor that includes a schedule for payments, the higher-tiered contractor shall pay the lower-tiered subcontractor:

             (1) On or before the date payment is due; or

             (2) Within 10 days after the date the higher-tiered contractor receives payment for all or a portion of the work, materials or equipment described in a request for payment submitted by the lower-tiered subcontractor,

Ê whichever is earlier.

      (b) A written agreement with a lower-tiered subcontractor that does not contain a schedule for payments, or an agreement that is oral, the higher-tiered contractor shall pay the lower-tiered subcontractor:

             (1) Within 30 days after the date the lower-tiered subcontractor submits a request for payment; or

             (2) Within 10 days after the date the higher-tiered contractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the lower-tiered subcontractor,

Ê whichever is earlier.

      2.  If a higher-tiered contractor has complied with subsection 3, the higher-tiered contractor may:

      (a) Withhold from any payment owed to the lower-tiered subcontractor:

             (1) A retention amount that the higher-tiered contractor is authorized to withhold pursuant to the agreement, but the retention amount withheld must not exceed [10] 5 percent of the payment that is required pursuant to subsection 1;

             (2) An amount equal to the sum of the value of:

                   (I) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is being sought, unless the agreement otherwise allows or requires such a payment to be made; and

                   (II) Costs and expenses reasonably necessary to correct or repair any work which is the subject of the request for payment and which is not materially in compliance with the agreement to the extent that such costs and expenses exceed 50 percent of the retention amount withheld pursuant to subparagraph (1); and

 


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             (3) The amount the owner or higher-tiered contractor has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner or higher-tiered contractor is or may reasonably be liable for the lower-tiered subcontractor or his or her lower-tiered subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or 617 of NRS; and

      (b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the lower-tiered subcontractor and his or her lower-tiered subcontractors and suppliers in accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457.

      3.  If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, a higher-tiered contractor intends to withhold any amount from a payment to be made to a lower-tiered subcontractor, the higher-tiered contractor must give, on or before the date the payment is due, a written notice to the lower-tiered subcontractor of any amount that will be withheld and give a copy of such notice to all reputed higher-tiered contractors and the owner. The written notice of withholding must:

      (a) Identify the amount of the request for payment that will be withheld from the lower-tiered subcontractor;

      (b) Give a reasonably detailed explanation of the condition or the reason the higher-tiered contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the agreement with the lower-tiered subcontractor, and any documents relating thereto, and the applicable building code, law or regulation with which the lower-tiered subcontractor has failed to comply; and

      (c) Be signed by an authorized agent of the higher-tiered contractor.

      4.  A lower-tiered subcontractor who receives a notice of withholding pursuant to subsection 3 or a notice of objection pursuant to subparagraph (2) of paragraph (b) may:

      (a) Give the higher-tiered contractor a written notice and thereby dispute in good faith and for reasonable cause the amount withheld or the conditions or reasons for the withholding; or

      (b) Correct any condition or reason for the withholding described in the notice of withholding and thereafter provide written notice to the higher-tiered contractor of the correction of the condition or reason for the withholding. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition or reason for the withholding and be signed by an authorized representative of the lower-tiered subcontractor. If a higher-tiered contractor receives a written notice from the lower-tiered subcontractor of the correction of a condition or reason for the withholding pursuant to this paragraph, the higher-tiered contractor shall:

             (1) Pay the amount withheld by the higher-tiered contractor for that condition or reason for the withholding on or before the date the next payment is due the lower-tiered subcontractor; or

             (2) Object to the scope and manner of the correction of the condition or reason for the withholding, on or before the date the next payment is due to the lower-tiered subcontractor, in a written statement which sets forth the condition or reason for the objection and which complies with subsection 3. If the higher-tiered contractor objects to the scope and manner of the correction of a condition or reason for the withholding, the higher-tiered contractor shall nevertheless pay to the lower-tiered subcontractor, along with payment to be made pursuant to the lower-tiered subcontractor’s next payment request, the amount withheld for the correction of the conditions or reasons for the withholding to which the higher-tiered contractor no longer objects.

 


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ê2015 Statutes of Nevada, Page 2628 (Chapter 450, SB 254)ê

 

made pursuant to the lower-tiered subcontractor’s next payment request, the amount withheld for the correction of the conditions or reasons for the withholding to which the higher-tiered contractor no longer objects.

      5.  Except as otherwise allowed in subsections 2, 3 and 4, a higher-tiered contractor shall not withhold from a payment to be made to a lower-tiered subcontractor more than the retention amount.

      Sec. 6. Section 6 of chapter 289, Statutes of Nevada 2011, at page 1624, is hereby amended to read as follows:

       Sec. 6.  This act becomes effective on October 1, 2011 . [, and expires by limitation on July 1, 2015.]

      Sec. 7.  The amendatory provisions of this act do not apply to the provisions of any contract entered into before January 1, 2016.

      Sec. 8.  1.  This section and section 6 of this act become effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2016.

________

CHAPTER 451, SB 395

Senate Bill No. 395–Senators Kihuen, Parks, Manendo, Atkinson, Ford; Spearman and Woodhouse

 

CHAPTER 451

 

[Approved: June 9, 2015]

 

AN ACT relating to marriage; revising provisions relating to fees charged and collected for the issuance of a marriage license; authorizing a board of county commissioners to adopt an ordinance imposing an additional fee for the issuance of a marriage license which must be used to promote marriage tourism in the county; authorizing a county to provide a space at certain county clerk offices for the display of informational brochures of certain persons who perform weddings; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes a county whose population is 100,000 or more (currently Clark and Washoe Counties) to provide a space outside each office and branch office of the county clerk in which a commercial wedding chapel, a licensed business which operates principally for the performance of weddings in the county or a church or religious organization incorporated, organized or established in this State may place informational brochures for display.

      Under existing law, the county clerk is required to collect certain fees for the issuance of a marriage license. Sections 4 and 56 of this bill authorize a board of county commissioners in a county whose population is 700,000 or more (currently Clark County) to adopt an ordinance imposing an additional fee of not more than $14 for the issuance of a marriage license. Under section 56, if a board of county commissioners adopts such an ordinance, the fee must be deposited in a special revenue fund designated as the fund for the promotion of marriage tourism, and money in the fund must be used by the county clerk to promote marriage tourism in the county. Section 4 also specifically states that any administrative fee charged and collected by a county clerk’s office, including, without limitation, a fee for providing a copy of a marriage license, is separate from any fee charged and collected for the issuance of a marriage license.

 


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ê2015 Statutes of Nevada, Page 2629 (Chapter 451, SB 395)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 122 of NRS is hereby amended by adding thereto a new section to read as follows:

      In each county whose population is 100,000 or more, the county may provide a space outside each office and branch office of the county clerk in which a commercial wedding chapel, a licensed business which operates principally for the performance of weddings in the county or a church or religious organization incorporated, organized or established in this State may place informational brochures for display.

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

      Sec. 4. NRS 122.060 is hereby amended to read as follows:

      122.060  1.  The county clerk is entitled to receive as his or her fee for issuing a marriage license the sum of $21.

      2.  The county clerk shall also at the time of issuing the marriage license:

      (a) Collect the sum of $10 and:

             (1) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, deposit the sum into the county general fund pursuant to NRS 246.180 for filing the originally signed certificate of marriage described in NRS 122.120.

             (2) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, pay it over to the county recorder as his or her fee for recording the originally signed certificate of marriage described in NRS 122.120.

      (b) Collect the additional fee described in subsection 2 of NRS 246.180, if the board of county commissioners has adopted an ordinance authorizing the collection of such fee, and deposit the fee pursuant to NRS 246.190.

      (c) Collect the additional fee imposed pursuant to section 56 of this act, if the board of county commissioners has adopted an ordinance imposing the fee.

      3.  The county clerk shall also at the time of issuing the marriage license collect the additional sum of $4 for the State of Nevada. The fees collected for the State must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of the State General Fund. The county treasurer shall remit quarterly all such fees deposited by the county clerk to the State Controller for credit to the State General Fund.

      4.  The county clerk shall also at the time of issuing the marriage license collect the additional sum of $25 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the county clerk to the State Controller for credit to that Account.

 


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ê2015 Statutes of Nevada, Page 2630 (Chapter 451, SB 395)ê

 

      5.  Any fee charged and collected pursuant to this section is separate and distinct from any administrative fee charged and collected by a county clerk’s office, including, without limitation, a fee for certifying a copy of a marriage license.

      Secs. 5-55. (Deleted by amendment.)

      Sec. 56. Chapter 246 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county whose population is 700,000 or more, the board of county commissioners may impose by ordinance an additional fee of not more than $14 for the issuance of a marriage license.

      2.  An ordinance adopted pursuant to subsection 1 must include a provision creating a special revenue fund designated as the fund for the promotion of marriage tourism. Any money collected from a fee imposed pursuant to subsection 1 must be paid by the county clerk to the county treasurer, and the county treasurer shall deposit the money received in the fund.

      3.  Any interest earned on money in the fund, after deducting any applicable charges, must be credited to the fund.

      4.  Any money remaining in the fund at the end of a fiscal year must not revert to the county general fund, and the balance in the fund must be carried forward to the next fiscal year.

      5.  The money in the fund:

      (a) Must be used by the county clerk only to promote wedding tourism in the county.

      (b) Must not be used to replace or supplant any money available to fund the regular operations of the office of the county clerk.

      6.  If a board of county commissioners adopts an ordinance pursuant to subsection 1, on or before July 1 of each year, the county clerk shall submit to the board of county commissioners a report of the projected expenditures of the money in the fund for the following fiscal year.

      Secs. 57-64. (Deleted by amendment.)

      Sec. 65.  This act becomes effective upon passage and approval.

________

 

 

 


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ê2015 Statutes of Nevada, Page 2631ê

 

CHAPTER 452, SB 456

Senate Bill No. 456–Committee on Transportation

 

CHAPTER 452

 

[Approved: June 9, 2015]

 

AN ACT relating to roads; revising provisions authorizing the Attorney General to bring an action to vindicate the rights of certain persons or governmental entities with respect to certain roads which cross certain federal lands; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines certain roads or ways which exist upon certain rights-of-way granted between 1866 and 1976 by Congress over public lands of the United States and not reserved for public use as “accessory roads” or “public roads.” (NRS 405.191, 405.201) Existing law provides that, if an agency of the United States responsible for the lands over which such an accessory road runs pursues the closing of the accessory road or demands a fee or permit for the use of the accessory road, the Attorney General may bring an action for a declaratory judgment on behalf of: (1) the State and its residents; (2) owners of lands served by the accessory road; (3) holders of grazing rights served by the accessory road; and (4) all other users of the accessory road. Such an action is to vindicate the rights of all users of the unimpeded maintenance, use and enjoyment of the accessory road, and the rights of owners of the lands served by the accessory road to just compensation for any closing found necessary. (NRS 405.204) Section 3 of this bill revises the authorization of the Attorney General to participate as a party in an action to quiet title as well as an action for declaratory judgment, and provides that such actions may be brought regarding those roads defined as “public roads,” which exist upon a right-of-way granted by Congress over public lands of the United States not reserved for public uses and which have been accepted by general public use and enjoyment. Section 3 also urges the Attorney General to take a leadership role in pursuing actions on behalf of the State and its counties in formalizing and finalizing title to such accessory and public roads, and sections 3-5 of this bill direct the Attorney General, the Land Use Planning Advisory Council and the Nevada Association of Counties to work cooperatively to develop, maintain and assist in the implementation of a legal protocol whereby a county may perfect its rights to and finalize title to an accessory road or a public road.

 

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 405.195 is hereby amended to read as follows:

      405.195  1.  Five or more residents of this state may petition any board of county commissioners to open, reopen, close, relocate or abandon a public road within the county. The petition must be accompanied by proof of the petitioners’ residency and adequate maps and documentation to justify a hearing on the petition. Upon receipt of such a petition and the required documentation, the board of county commissioners shall set a date to conduct a public hearing on the petition. The date selected must not be earlier than 30 days, nor later than 45 days, after the petition is submitted. In addition to any other notice required by law or ordinance, the board shall cause notice of the time, date and location of the hearing to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county.

 


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ê2015 Statutes of Nevada, Page 2632 (Chapter 452, SB 456)ê

 

cause notice of the time, date and location of the hearing to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county.

      2.  Upon conclusion of the public hearing, the board shall determine whether the road in question has acquired the status of a public road because:

      (a) Construction of the improvement occurred while the land was unappropriated, unreserved public land;

      (b) The improvement was constructed by mechanical means which made the physical change to the natural area necessary for the customary or usual passage of traffic; and

      (c) The right-of-way was:

             (1) Accepted by the state or local government for dedication as a road for public use and thereafter the road was used by the public at large; or

             (2) Accepted by use as access to a mining claim or other privately owned property.

      3.  If the board concludes that the road is a public road, the board may order the public road to be opened, reopened, closed, relocated or abandoned, for all or part of the year. The board’s decision must be based on specific findings, including, but not limited to:

      (a) The resulting benefit to the general public;

      (b) Whether any significant impairment of the environment or natural resources will result; and

      (c) Whether the decision will result in a significant reduction in the value of public or private property.

Ê The order of the board must be reduced to writing, including a statement of any actions which must be taken to effectuate the decision and the person to whom each such action has been assigned. If possible, the order must be signed by any person who has agreed to take a specific action to effectuate the board’s decision. The lack of such a signature does not invalidate the order.

      4.  If the order of the board is to close or abandon a public road, the board shall, upon the petition of five or more residents of the State, designate and provide an alternate route serving the same area. The closure or abandonment of a public road by the board does not prohibit or restrict the use of that road by a governmental agency or a public utility regulated by the Public Utilities Commission of Nevada for the maintenance, construction or operation of a facility of the agency or utility.

      5.  Any person or governmental agency may bring and maintain an action in the district court of the county in which the public road lies to prevent any person, including a public agency, from violating an order issued pursuant to subsection 3.

      6.  The Attorney General may , pursuant to this section or as provided in NRS 405.204, bring and maintain an action in any court or before any federal agency if an agency or instrumentality of the Federal Government denies the use of a public road located on public land in this state.

      7.  Nothing in this section affects the right of the Department of Transportation to regulate freeways or highways in this state.

      Sec. 2. NRS 405.201 is hereby amended to read as follows:

      405.201  As used in NRS 405.201 to 405.204, inclusive, unless the context otherwise requires:

      1.  “Accessory road” means any way established over public lands between 1866 and 1976 pursuant to section 8 of chapter 262, 14 Stat. 253 (1866), former 43 U.S.C. § 932, as to which general public use or enjoyment before 1976 is not established, but which provides access to privately owned land.

 


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ê2015 Statutes of Nevada, Page 2633 (Chapter 452, SB 456)ê

 

(1866), former 43 U.S.C. § 932, as to which general public use or enjoyment before 1976 is not established, but which provides access to privately owned land.

      2.  “Public road” has the meaning ascribed to it in subsection 2 of NRS 405.191.

      3.  “Public utility” means any public utility, as that term is defined in NRS 704.020, that is subject to the jurisdiction of the Public Utilities Commission of Nevada.

      Sec. 3. NRS 405.204 is hereby amended to read as follows:

      405.204  1.  The Legislature hereby finds and declares that [the] :

      (a) Formalizing and finalizing title to accessory roads and public roads is necessary for the State and its counties to protect proper authority over, continued access to and multiple uses on federally administered lands; and

      (b) The public interest of the State of Nevada is served by keeping accessory roads and public roads open and available for use by the residents of this state because:

      [(a)](1) There exists within this state a large number of accessory roads [;

      (b)]and public roads;

             (2) Accessory roads and public roads provide access for the control of fire on adjacent lands, the enforcement of laws by peace officers, search and rescue operations, medical personnel and ambulances, and public utilities;

      [(c)](3) Accessory roads and public roads provide access to public lands for members of the general public; and

      [(d)](4) Accessory roads and public roads enhance the taxable value of the private property served by such roads.

      2.  The Legislature therefore urges the Attorney General to take a leadership role in pursuing actions on behalf of the State and its counties in formalizing and finalizing title to accessory roads and public roads in this State pursuant to the powers and duties provided in this section and NRS 228.180, 228.190 and 405.195.

      3.  The Legislature therefore directs that [, if] :

      (a) If an agency of the United States responsible for the lands over which an accessory road or a public road runs pursues the closing of [an accessory] such a road , [or] demands a fee or permit for the use of [an accessory] such a road, prescribes or asserts management authority over such a road or in any other way creates a case or controversy as to the use or title to such a road, the Attorney General , pursuant to this section or NRS 405.195, as applicable, may participate as a party in a quiet title action pursuant to 28 U.S.C. § 2409a or bring an action for a declaratory judgment as soon as practicable in cooperation with or on behalf of:

      [(a)](1) The State and its residents;

      [(b)](2) The county or counties in which the road lies;

             (3) Owners of lands served by the road;

      [(c)](4) Holders of grazing , mineral or other rights served by the road; and

      [(d)](5) All other users of the road,

Ê to protect the ownership of and title to the road, or to vindicate the rights of all users to the unimpeded maintenance, use and enjoyment of the road, and the rights of owners of lands or holders of rights served by the road to just compensation for any closing found necessary.

 


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ê2015 Statutes of Nevada, Page 2634 (Chapter 452, SB 456)ê

 

      (b) The Land Use Planning Advisory Council created by NRS 321.740, the Attorney General and the Nevada Association of Counties shall work cooperatively to develop, maintain and assist in the implementation of a legal protocol whereby a county may perfect its rights to and finalize title to an accessory road or a public road.

      Sec. 4. NRS 321.750 is hereby amended to read as follows:

      321.750  The Land Use Planning Advisory Council shall:

      1.  Advise the Administrator on the development and distribution to cities and counties of information useful to land use planning.

      2.  Advise the State Land Use Planning Agency regarding the development of plans and statements of policy pursuant to subsection 1 of NRS 321.7355.

      3.  Work cooperatively with the Attorney General and the Nevada Association of Counties as required pursuant to subsection 3 of NRS 405.204.

      Sec. 5.  The Land Use Planning Advisory Council, the Attorney General and the Nevada Association of Counties, as soon as practicable after July 1, 2015, shall work cooperatively to develop the protocol required pursuant to NRS 405.204 as amended by section 3 of this act.

      Sec. 6.  This act becomes effective on July 1, 2015.

________

CHAPTER 453, SB 253

Senate Bill No. 253–Senators Farley; Hardy and Settelmeyer

 

CHAPTER 453

 

[Approved: June 9, 2015]

 

AN ACT relating to insurance; providing that certain provisions governing insurance are not applicable to guaranteed asset protection waivers; providing for the sale of guaranteed asset protection waivers; prohibiting a creditor from conditioning certain terms of a finance agreement on the purchase of a guaranteed asset protection waiver; requiring the disclosure of certain information in a guaranteed asset protection waiver; setting forth certain requirements concerning the cancellation of a guaranteed asset protection waiver; requiring a retail dealer of vehicles who sells guaranteed asset protection waivers to purchase a policy of contractual liability insurance under certain circumstances; authorizing the Commissioner of Insurance to enforce provisions governing guaranteed asset protection waivers in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 10 of this bill defines the term “guaranteed asset protection waiver” as a contract pursuant to which a creditor, in exchange for separately stated consideration, agrees to waive part or all of the amount owed to the creditor pursuant to a finance agreement in the event of a total physical damage loss or unrecovered theft of the vehicle covered by the finance agreement. Section 16 of this bill provides that the marketing, issuance, sale, offering for sale, making, proposing to make and administration of guaranteed asset protection waivers is not subject to title 57 of NRS governing insurance except for certain provisions of title 57 of NRS that give the Commissioner of Insurance the authority to regulate and conduct investigations and hearings on violations of law.

 


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Commissioner of Insurance the authority to regulate and conduct investigations and hearings on violations of law. (NRS 679B.020-679B.125, 679B.130, 679B.136, 679B.140, 679B.159-679B.180, 679B.187-679B.220, 679B.310-679B.370) Section 16 also provides that provisions governing guaranteed asset protection waivers do not apply to a debt cancellation or debt suspension agreement regulated by certain federal laws, or to a policy of insurance. Section 17 of this bill prohibits a creditor who sells or offers for sale guaranteed asset protection waivers from including certain words in the name of the business of the creditor that could indicate that the creditor is an insurer.

      Section 18 of this bill authorizes a creditor to offer to sell or sell a guaranteed asset protection waiver to a borrower who owes or expects to owe money to the creditor pursuant to a finance agreement. Section 18 also provides that the cost to purchase a guaranteed asset protection waiver which meets the specified requirements must be separately stated as part of the amount financed and must not be considered a finance charge or interest, thereby expressly providing that such guaranteed asset protection waivers, specifically, must have their purchase price included as part of the amount financed. Section 19 of this bill prohibits a creditor from requiring the purchase of a guaranteed asset protection waiver as a condition for the approval of credit, the terms of the credit or the terms of the sale or lease of a vehicle covered by the finance agreement. Section 20 of this bill requires certain information to be disclosed in a certain manner in a guaranteed asset protection waiver. Section 21 of this bill: (1) requires a guaranteed asset protection waiver to provide a free-look period in which a borrower may cancel a guaranteed asset protection waiver and receive a full refund; (2) requires a guaranteed asset protection waiver to allow cancellation after the free-look period; (3) requires a borrower to provide a written request for a refund after the cancellation of a guaranteed asset protection waiver outside of the free-look period in order to receive such a refund; and (4) authorizes a creditor to apply any refund owed to the borrower because of the cancellation of a guaranteed asset protection waiver to the amount owed to the creditor pursuant to the finance agreement.

      Section 22 of this bill requires a retail dealer of vehicles to purchase a policy of contractual liability insurance that insures the obligations of each guaranteed asset protection waiver that the dealer sells or offers for sale other than for a leased vehicle. Section 23 of this bill requires a creditor to maintain certain records. Section 24 of this bill requires a creditor to make records concerning guaranteed asset protection waivers available to the Commissioner to enable the Commissioner to enforce provisions governing guaranteed asset protection waivers. Sections 15 and 25 of this bill authorize the Commissioner to issue a cease and desist order to or impose a civil penalty against a person who violates any provision governing guaranteed asset protection waivers, except where a guaranteed asset protection waiver is sold in connection with a lease or sale of a vehicle for commercial use or resale. Section 15 also exempts guaranteed asset protection waivers sold in connection with such sales and leases from requirements to disclose certain information.

 

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 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 25, 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 14, inclusive, of this act have the meanings ascribed to them in those sections.

 


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      Sec. 3. “Administrator” means a person who is responsible for administering a guaranteed asset protection waiver that is sold or offered for sale by a creditor.

      Sec. 4. “Benefits” means a waiver, pursuant to a guaranteed asset protection waiver, of part or all of the amount due on a finance agreement after a total physical damage loss or unrecovered theft of a vehicle covered by the finance agreement.

      Sec. 5. “Borrower” means a person who owes money to a creditor pursuant to a finance agreement.

      Sec. 6. “Creditor” means a person to whom money is owed pursuant to a finance agreement, including, without limitation, the assignee of such an agreement.

      Sec. 7. “Dealer” means a seller of a vehicle who provides or arranges for the provision of credit to the buyer of the vehicle for the purpose of financing the purchase of the vehicle.

      Sec. 8. “Finance agreement” means:

      1.  A loan made to the buyer of a vehicle for the purpose of financing the purchase of the vehicle and that is secured by the vehicle.

      2.  A lease between a long-term lessee and a long-term lessor.

      3.  A retail installment contract, as defined in NRS 97.105, for the purchase of a vehicle.

      Sec. 9. “Free-look period” means a period beginning on or after the effective date of a guaranteed asset protection waiver in which the borrower may cancel the guaranteed asset protection waiver with no penalty, fee or other cost.

      Sec. 10. “Guaranteed asset protection waiver” means a contract pursuant to which a creditor, in exchange for separately stated consideration, agrees to waive part or all of the amount due to the creditor pursuant to a finance agreement in the event of a total physical damage loss or unrecovered theft of a vehicle covered by the finance agreement.

      Sec. 11. “Lease” has the meaning ascribed to it in NRS 482.053.

      Sec. 12. “Long-term lessee” has the meaning ascribed to it in NRS 482.053.

      Sec. 13. “Long-term lessor” has the meaning ascribed to it in NRS 482.053.

      Sec. 14. “Vehicle” has the meaning ascribed to it in NRS 482.135, and includes, without limitation, any boat, recreational vehicle, all-terrain vehicle, trailer, personal watercraft or snowmobile.

      Sec. 15. 1.  The provisions of subsection 2 of section 18 of this act, subsection 2 of section 20 of this act and section 25 of this act do not apply to a guaranteed asset protection waiver offered for sale or sold in connection with a lease or retail installment transaction to a buyer or lessor who purchases or leases the vehicle solely or primarily for commercial use or resale.

      2.  As used in this section, “retail installment transaction” has the meaning ascribed to it in NRS 97.115.

      Sec. 16. 1.  Except as otherwise provided in this chapter, the marketing, issuance, sale, offering for sale, making, proposing to make and administration of guaranteed asset protection waivers are not subject to the provisions of title 57 of NRS, except, when applicable, the provisions of NRS 679B.020 to 679B.125, inclusive, 679B.130, 679B.136, 679B.140, 679B.159 to 679B.180, inclusive, 679B.187 to 679B.220, inclusive, and 679B.310 to 679B.370, inclusive.

 


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of NRS 679B.020 to 679B.125, inclusive, 679B.130, 679B.136, 679B.140, 679B.159 to 679B.180, inclusive, 679B.187 to 679B.220, inclusive, and 679B.310 to 679B.370, inclusive.

      2.  A creditor, an administrator or any other person is not required to obtain a certificate of authority from the Commissioner pursuant to chapter 680A of NRS to issue, sell, offer for sale or administer guaranteed asset protection waivers.

      3.  The provisions of this chapter do not apply to a debt cancellation contract or debt suspension agreement offered in accordance with 12 C.F.R. Part 37 or 721 or to a policy of insurance.

      Sec. 17. 1.  Except as otherwise provided in this section, a creditor who sells or offers for sale guaranteed asset protection waivers shall not include in the name of the business of the creditor:

      (a) The words “insurance,” “casualty,” “surety,” “mutual” or any other word or term that implies that the creditor is engaged in the business of transacting insurance or is a surety company; or

      (b) A name that is deceptively similar to the name or description of an insurer or surety company.

      2.  A creditor may include the word “guaranty” or a similar word in the name of the business of the creditor.

      3.  This section does not apply to a creditor who, before January 1, 2016, includes in the name of the business of the creditor a name that does not comply with the provisions of subsection 1. Such a creditor shall include in each guaranteed asset protection waiver the creditor sells or offers for sale a statement that the guaranteed asset protection waiver is not a contract of insurance.

      Sec. 18. 1.  Any creditor may offer to sell or sell a guaranteed asset protection waiver to a borrower who owes or expects to owe money to the creditor pursuant to a finance agreement. A borrower may pay for a guaranteed asset protection waiver using a one-time payment or periodic payments.

      2.  Except as otherwise provided in section 15 of this act, any cost to a borrower for the purchase of a guaranteed asset protection waiver which is entered into in compliance with the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., and any regulations adopted pursuant thereto, must be separately stated as part of the amount financed and must not be considered a finance charge or interest.

      3.  Upon the sale of a guaranteed asset protection waiver, the guaranteed asset protection waiver becomes a part of the finance agreement. A guaranteed asset protection waiver remains a part of a finance agreement if the finance agreement is assigned, sold or transferred by the creditor.

      Sec. 19. A creditor shall not require the purchase of a guaranteed asset protection waiver as a condition for the approval of credit, the terms of the credit or the terms of the sale or lease of a vehicle covered by the finance agreement.

      Sec. 20. 1.  A guaranteed asset protection waiver must contain a conspicuous statement, printed in at least 12-point type that is larger than the surrounding text and with a heading that is printed in all capital letters, stating that:

 


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ê2015 Statutes of Nevada, Page 2638 (Chapter 453, SB 253)ê

 

      (a) A guaranteed asset protection waiver is not a policy of liability or casualty insurance and does not satisfy the requirement to maintain liability insurance pursuant to NRS 485.185; and

      (b) Failure to make a timely payment under the terms of the finance agreement may void the guaranteed asset protection waiver.

      2.  Except as otherwise provided in section 15 of this act, a guaranteed asset protection waiver must disclose, if applicable, in writing and in a clear and conspicuous manner:

      (a) The name and address of the creditor who sells the guaranteed asset protection waiver and the borrower who purchases the guaranteed asset protection waiver;

      (b) The identity of any administrator, if different from the creditor;

      (c) The purchase price and the terms of the guaranteed asset protection waiver, including, without limitation, the requirements for and conditions of coverage and any exclusions associated with the guaranteed asset protection waiver;

      (d) That the borrower will be provided a full refund of the purchase price of the guaranteed asset protection waiver if the waiver is cancelled within the free-look period and benefits have not been provided;

      (e) The manner in which the borrower may obtain benefits under a guaranteed asset protection waiver, including, without limitation, a telephone number and address that the borrower may use to apply for benefits; and

      (f) Notice of the provisions of sections 19 and 21 of this act, the manner in which a borrower may request cancellation of a guaranteed asset protection waiver after the free-look period and the method that will be used to calculate any refund due to the borrower pursuant to section 21 of this act.

      Sec. 21. 1.  A guaranteed asset protection waiver must provide a free-look period of not less than 30 days. If the guaranteed asset protection waiver is cancelled within this period and no benefits have been provided, the creditor must refund the full purchase price of the guaranteed asset protection waiver.

      2.  A borrower must be able to cancel a guaranteed asset protection waiver after the free-look period. If a guaranteed asset protection waiver is cancelled after the free-look period and no benefits have been provided, the creditor must refund any unearned portion of the purchase price of the guaranteed asset protection waiver in the manner specified in the guaranteed asset protection waiver.

      3.  To request a full or partial refund of the purchase price of a guaranteed asset protection waiver that is cancelled after the free-look period, the borrower must provide a written request for a refund to the person specified in the terms of the guaranteed asset protection waiver. If the guaranteed asset protection waiver is cancelled because the finance agreement is terminated, the borrower must provide the request within 90 days after the termination of the finance agreement.

      4.  The creditor may apply any refund owed to the borrower because of the cancellation of a guaranteed asset protection waiver, including, without limitation, cancellation during the free-look period or cancellation caused by a default on the finance agreement or the repossession of the vehicle associated with the finance agreement, to any amount still owed to the creditor under the finance agreement.

 


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ê2015 Statutes of Nevada, Page 2639 (Chapter 453, SB 253)ê

 

      Sec. 22. 1.  A dealer who sells or offers to sell guaranteed asset protection waivers shall purchase a policy of contractual liability insurance that insures the obligations of each guaranteed asset protection waiver the dealer sells or offers for sale other than a guaranteed asset protection waiver concerning a leased vehicle. Any other type of creditor who sells or offers to sell guaranteed asset protection waivers may purchase such a policy.

      2.  A policy of contractual liability insurance purchased pursuant to this section must:

      (a) Be issued by an insurer who is authorized to transact insurance in this State or pursuant to the provisions of chapter 685A of NRS.

      (b) State the obligation of the insurer to reimburse or pay to the creditor any amount that the creditor is obligated to waive pursuant to the guaranteed asset protection waivers insured by the policy.

      (c) Provide coverage for any person to whom a guaranteed asset protection waiver is assigned, including, without limitation, as part of a finance agreement.

      (d) Remain in effect until the policy is cancelled or terminated.

      3.  The cancellation or termination of a policy of contractual liability insurance purchased pursuant to this section must not reduce the responsibility of the insurer to provide coverage for guaranteed asset protection waivers:

      (a) That were issued by the insured creditor before the date of the cancellation or termination; and

      (b) For which the creditor has paid for coverage.

      Sec. 23. 1.  A creditor or the designee of a creditor shall maintain records of the transactions governed by this chapter. The records must include, without limitation:

      (a) A copy of each type of guaranteed asset protection waiver that the creditor sells or offers for sale;

      (b) The name and address of each borrower who possesses a guaranteed asset protection waiver under which the creditor has a duty to perform, to the extent that the creditor knows the name and address of each borrower; and

      (c) The date and a description of each claim made by a borrower under a guaranteed asset protection waiver.

      2.  A creditor or the designee of a creditor shall retain all records relating to a guaranteed asset protection waiver for at least 1 year after the contract has expired.

      3.  The records required to be maintained pursuant to this section may be stored on a computer disc or other storage device for a computer from which the records may be readily printed.

      Sec. 24. A creditor shall, within 14 business days after a request by the Commissioner, make available to the Commissioner for inspection any accounts, books and records concerning any guaranteed asset protection waiver sold or offered for sale by the creditor which are reasonably necessary to enable the Commissioner to determine whether the creditor is in compliance with the provisions of this chapter.

      Sec. 25. Except as otherwise provided in section 15 of this act:

      1.  The Commissioner may order any person, including, without limitation, a creditor or administrator, to cease and desist any conduct that violates any provision of this chapter.

 


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ê2015 Statutes of Nevada, Page 2640 (Chapter 453, SB 253)ê

 

      2.  A person who violates any provision of this chapter may, after a hearing conducted pursuant to NRS 679B.310 to 679B.370, inclusive, be assessed a civil penalty by the Commissioner of not more than $500 for each act or violation, not to exceed an aggregate amount of $10,000 for violations of a similar nature. For the purposes of this section, violations shall be deemed to be of a similar nature if the violations consist of the same or similar conduct, regardless of the number of times the conduct occurred.

      Sec. 26.  The amendatory provisions of this act do not apply to any guaranteed asset protection waiver that becomes effective before January 1, 2016.

      Sec. 27.  This act becomes effective:

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

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

________

CHAPTER 454, AB 94

Assembly Bill No. 94–Assemblyman Hansen

 

CHAPTER 454

 

[Approved: June 9, 2015]

 

AN ACT relating to elections; authorizing election officials to establish systems for registered voters to elect to receive sample ballots by electronic means; clarifying provisions governing the confidentiality of certain information relating to registered voters; protecting the confidentiality of electronic mail addresses provided by registered voters to election officials; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each county and city clerk to mail a sample ballot to each registered voter in the applicable county or city. (NRS 293.565, 293C.530) Sections 2 and 4 of this bill authorize each county and city clerk to establish a system to distribute a sample ballot by electronic means to each registered voter who elects to receive sample ballots in that manner. Such a system may include, without limitation, electronic mail or electronic access through an Internet website.

      Existing law provides that certain information relating to a registered voter is confidential and that a registered voter may submit a written request to the county clerk to have his or her address and telephone number withheld from the public. (NRS 293.558) Section 1.7 of this bill clarifies that the following information relating to a registered voter is confidential: (1) the address and telephone number of the registered voter if requested by the registered voter; (2) an electronic mail address provided by the registered voter to carry out any state or federal law relating to the voting process, including an electronic mail address provided by a registered voter who participates in a system to distribute sample ballots by electronic means; (3) the social security number and driver’s license or identification card number of the registered voter; and (4) any other information relating to the registered voter that any state or federal law declares to be confidential or otherwise requires to be withheld from the public.

      Sections 1, 3 and 5-10 of this bill make conforming changes.

 


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ê2015 Statutes of Nevada, Page 2641 (Chapter 454, AB 94)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 293.097 is hereby amended to read as follows:

      293.097  1.  “Sample ballot” means a document distributed by a county or city clerk upon which is [printed] included a list of the offices, candidates and ballot questions that will appear on a ballot.

      2.  The term includes, without limitation, any such document which is [printed by] prepared on a computer [.] and distributed by mail or electronic means pursuant to NRS 293.565 or 293C.530.

      Secs. 1.3 and 1.5. (Deleted by amendment.)

      Sec. 1.7. NRS 293.558 is hereby amended to read as follows:

      293.558  1.  The county or city clerk shall disclose the identification number of a registered voter to the public, including, without limitation:

      (a) In response to an inquiry received by the county or city clerk; or

      (b) By inclusion of the identification number of the registered voter on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.

      2.  The county or city clerk shall not disclose [the] :

      (a) The social security number or the driver’s license or identification card number of a registered voter [.] , and such a number is confidential and is not a public book or record within the meaning of NRS 239.010.

      (b) An electronic mail address provided by a registered voter to carry out any state or federal law relating to the voting process, and such an electronic mail address is confidential and is not a public book or record within the meaning of NRS 239.010. The county or city clerk may not release a registered voter’s electronic mail address to a third party and may use such an electronic mail address only to:

             (1) Communicate with the registered voter about the voting process, including, without limitation, as necessary to carry out the provisions of chapter 293D of NRS; and

             (2) Distribute a sample ballot to the registered voter by electronic means if the county or city clerk has established a system for distributing sample ballots by electronic means pursuant to NRS 293.565 or 293C.530 and the registered voter elects to receive a sample ballot by electronic means.

      3.  A registered voter may submit a written request to the county or city clerk to have his or her address and telephone number withheld from the public. Upon receipt of such a request, the county or city clerk shall not disclose the address or telephone number of the registered voter to the public, including, without limitation:

      (a) In response to an inquiry received by the county or city clerk; or

      (b) By inclusion on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.

      4.  No information relating to a registered voter may be withheld from the public other than [the] :

      (a) The address [,] and telephone number [,] of the registered voter if requested by the registered voter pursuant to this section;

 


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ê2015 Statutes of Nevada, Page 2642 (Chapter 454, AB 94)ê

 

      (b) An electronic mail address provided by the registered voter to carry out any state or federal law relating to the voting process;

      (c) The social security number and driver’s license or identification card number of [a] the registered voter [may] ; and

      (d) Any other information relating to the registered voter that any state or federal law declares to be confidential or otherwise requires to be withheld from the public.

      Sec. 2. NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 3, sample ballots must include:

      (a) If applicable, the statement required by NRS 293.267;

      (b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 295.095 or 295.230 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121; and

      (e) The full text of each proposed constitutional amendment.

      2.  If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the ballot next to the name of the candidate who is the incumbent, the word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent.

      3.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

      (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      4.  A county clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a county clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.

      5.  If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 4, the county clerk shall distribute the sample ballot to the registered voter by mail.

 


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ê2015 Statutes of Nevada, Page 2643 (Chapter 454, AB 94)ê

 

      6.  Before the period for early voting for any election begins, the county clerk shall [cause to be mailed] distribute to each registered voter in the county [a] by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

      (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before [mailing] distributing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      [5.] 7.  Except as otherwise provided in subsection [6,] 8, a sample ballot required to be [mailed] distributed pursuant to this section must:

      (a) Be [printed] prepared in at least 12-point type; and

      (b) Include on the front page, in a separate box created by bold lines, a notice [printed] prepared in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      [6.] 8.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      [7.] 9.  The sample ballot [mailed] distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be [printed] prepared in at least 14-point type, or larger when practicable.

      [8.] 10.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots [mailed] distributed to that person from the county are in large type.

      [9.] 11.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place.

 


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ê2015 Statutes of Nevada, Page 2644 (Chapter 454, AB 94)ê

 

      [10.] 12.  The cost of [mailing] distributing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 3. NRS 293.780 is hereby amended to read as follows:

      293.780  1.  A person who is entitled to vote shall not vote or attempt to vote more than once at the same election. Any person who votes or attempts to vote twice at the same election is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  Notice of the provisions of subsection 1 must be given by the county or city clerk as follows:

      (a) [Printed] Stated on all sample ballots [mailed;] distributed by mail or electronic means;

      (b) Posted in boldface type at each polling place; and

      (c) Posted in boldface type at the office of the county or city clerk.

      Sec. 3.5. (Deleted by amendment.)

      Sec. 4. NRS 293C.530 is hereby amended to read as follows:

      293C.530  1.  A city clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a city clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the city clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.

      2.  If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 1, the city clerk shall distribute the sample ballot to the registered voter by mail.

      3.  Before the period for early voting for any election begins, the city clerk shall [cause to be mailed] distribute to each registered voter in the city [a] by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

      (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before [mailing] distributing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      [2.] 4.  Except as otherwise provided in subsection [4,] 6, a sample ballot required to be [mailed] distributed pursuant to this section must:

      (a) Be [printed] prepared in at least 12-point type;

      (b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS 295.205 or 295.217; and

      (c) Include on the front page, in a separate box created by bold lines, a notice [printed] prepared in at least 20-point bold type that states:

 


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NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      [3.] 5.  The word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.

      [4.] 6.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      [5.] 7.  The sample ballot [mailed] distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be [printed] prepared in at least 14-point type, or larger when practicable.

      [6.] 8.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots [mailed] distributed to that person from the city are in large type.

      [7.] 9.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s regularly designated polling place.

      [8.] 10.  The cost of [mailing] distributing sample ballots for a city election must be borne by the city holding the election.

      Sec. 5. NRS 244A.785 is hereby amended to read as follows:

      244A.785  1.  The board of county commissioners of a county whose population is 700,000 or more may, by ordinance, create one or more districts within the unincorporated area of the county for the support of public parks. Such a district may include territory within the boundary of an incorporated city if so provided by interlocal agreement between the county and the city.

      2.  The ordinance creating a district must specify its boundaries. The area included within the district may be contiguous or noncontiguous. The boundaries set by the ordinance are not affected by later annexations to or incorporation of a city.

      3.  The alteration of the boundaries of such a district may be initiated by:

      (a) A petition proposed unanimously by the owners of the property which is located in the proposed area which was not previously included in the district; or

 


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      (b) A resolution adopted by the board of county commissioners on its own motion.

Ê If the board of county commissioners proposes on its own motion to alter the boundaries of a district for the support of public parks, it shall, at the next primary or general election, submit to the registered voters who reside in the proposed area which was not previously included in the district, the question of whether the boundaries of the district shall be altered. If a majority of the voters approve the question, the board shall, by ordinance, alter the boundaries of the district as approved by the voters.

      4.  The sample ballot required to be [mailed] distributed pursuant to NRS 293.565 must include for the question described in subsection 3, a disclosure of any future increase or decrease in costs which may be reasonably anticipated in relation to the purposes of the district for the support of public parks and its probable effect on the district’s tax rate.

      Sec. 6. NRS 266.0325 is hereby amended to read as follows:

      266.0325  1.  At least 10 days before an election held pursuant to NRS 266.029, the county clerk or registrar of voters shall [cause to be mailed] distribute to each qualified elector by mail or electronic means, as applicable, a sample ballot for the elector’s precinct with a notice informing the elector of the location of the polling place for that precinct. A sample ballot may be distributed by electronic means to an elector only if the county clerk has established a system for distributing sample ballots by electronic means pursuant to NRS 293.565 and the elector elects to receive a sample ballot by electronic means.

      2.  The sample ballot must:

      (a) Be in the form required by NRS 266.032.

      (b) Include the information required by NRS 266.032.

      (c) Except as otherwise provided in subsection 3, be [printed] prepared in at least 12-point type.

      (d) Describe the area proposed to be incorporated by assessor’s parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the State, a county, a city, a township, a section or any combination thereof.

      (e) Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.

      (f) Include on the front page, in a separate box created by bold lines, a notice [printed] prepared in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      3.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      4.  The sample ballot [mailed] distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be [printed] prepared in at least 14-point type, or larger when practicable.

 


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      5.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots [mailed] distributed to that person from the county are in large type.

      Sec. 7. NRS 266.034 is hereby amended to read as follows:

      266.034  1.  The costs incurred by the board of county commissioners in carrying out the provisions relating to the incorporation, including the costs incurred in certifying the petition, publishing the notices, requesting the report pursuant to NRS 266.0261, conducting the public hearing and election, including the cost of [mailing] distributing the sample ballots, and any appeal pursuant to NRS 266.0265 are a charge against the county if the proposed incorporation is not submitted to the voters or the incorporation is disapproved by the voters, and a charge against the incorporated city if the incorporation is approved by the voters.

      2.  The costs incurred by the incorporators in carrying out the provisions relating to the incorporation, including the costs incurred in preparation of the petition for incorporation, preparation of the descriptions and map of the area proposed to be incorporated and circulation of the petition are chargeable to the incorporated city if the incorporation is approved by the voters.

      Sec. 8. NRS 349.015 is hereby amended to read as follows:

      349.015  1.  Except as otherwise provided in subsection 3, the sample ballot required to be [mailed] distributed pursuant to NRS 293.565 or 293C.530, and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The purposes for which the bonds are to be issued.

      (d) A disclosure of any:

             (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and

             (2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

      (e) An estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds.

      (f) The maximum amount of the bonds.

      (g) The maximum rate of interest.

      (h) The maximum number of years which the bonds are to run.

      2.  Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a primary or general election.

      3.  If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.

      Sec. 9. NRS 350.024 is hereby amended to read as follows:

      350.024  1.  The ballot question for a proposal submitted to the electors of a municipality pursuant to subsection 1 of NRS 350.020 must contain the principal amount of the general obligations to be issued or incurred, the purpose of the issuance or incurrence of the general obligations and an estimate established by the governing body of:

 


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purpose of the issuance or incurrence of the general obligations and an estimate established by the governing body of:

      (a) The duration of the levy of property tax that will be used to pay the general obligations; and

      (b) The average annual increase, if any, in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay for debt service on the general obligations to be issued or incurred.

      2.  Except as otherwise provided in subsection 4, the sample ballot required to be [mailed] distributed pursuant to NRS 293.565 or 293C.530 and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The ballot question.

      (d) The maximum amount of the obligations, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.

      (e) An estimate of the range of property tax rates stated in dollars and cents per $100 of assessed value necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. The municipality shall, for each such date, furnish an estimate of the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor’s estimates.

      3.  If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.

      4.  Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a primary or general municipal election or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.

      5.  If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for 2 successive calendar weeks next preceding the close of registration for the election.

      Sec. 10. NRS 350.027 is hereby amended to read as follows:

      350.027  1.  In addition to any requirements imposed pursuant to NRS 350.024, any sample ballot required to be [mailed] distributed pursuant to NRS 293.565 or 293C.530 and any notice of election, for an election that includes a proposal for the issuance by any municipality of any bonds or other securities, including an election that is not called pursuant to NRS 350.020 to 350.070, inclusive, must contain an estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds or other securities.

      2.  For the purposes of this section, “municipality” has the meaning ascribed to it in NRS 350.538.

 


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      Sec. 11.  This act becomes effective 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 on January 1, 2016, for all other purposes.

________

CHAPTER 455, AB 159

Assembly Bill No. 159–Committee on Government Affairs

 

CHAPTER 455

 

[Approved: June 9, 2015]

 

AN ACT relating to public works; revising provisions concerning contracts with a public body for a public work and contracts by the awardee of certain grants, tax abatements, tax credits or tax exemptions from a public body; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes various employment requirements on contracts for a public work. (NRS 338.125-338.135) Section 3 of this bill provides that a public body, in any solicitation, contract or other document related to a contract for a public work, shall not: (1) require or prohibit a bidder or contractor from entering into or adhering to any agreement with one or more labor organizations in regard to the public work; or (2) discriminate against a bidder or contractor for entering or not entering into, or adhering or refusing to adhere to, any agreement with one or more labor organizations in regard to the public work. Section 3 further prohibits a public body from awarding a grant, tax abatement, tax credit or tax exemption that is conditioned upon a requirement that the awardee include in a contract for a project that is the subject of the grant, tax abatement, tax credit or tax exemption a term that: (1) requires or prohibits a bidder or contractor from entering into or adhering to any agreement with one or more labor organizations in regard to the project; or (2) discriminates against a bidder or contractor for entering or not entering into, or adhering or refusing to adhere to, any agreement with one or more labor organizations in regard to the project. Section 3 also allows a public body to exempt a particular public work or a grant, tax abatement, tax credit or tax exemption from those restrictions if the public body makes a finding, after notice and a hearing, that: (1) special circumstances require such an exemption to avert an imminent threat to public health or safety; or (2) the public work or construction, improvement, maintenance or renovation to real property that is the subject of the grant, tax abatement, tax credit or tax exemption, as applicable, is a part of critical infrastructure for an airport or a water system. Such a finding of special circumstances must not be based on the possibility or presence of certain labor disputes.

      Section 2 of this bill provides that the Legislature finds and declares that the provisions of section 3 are intended to provide fair and open competition and more economical, nondiscriminatory, neutral and efficient contracts for public works by this State and public bodies in this State as market participants, and that the provisions of section 3 are the best method for effectuating that intent.

      Section 4 of this bill provides that the provisions of this bill do not affect any contract for a public work or for any project that is funded in whole or in part by a grant, tax abatement, tax credit or tax exemption from a public body that was entered into before July 1, 2015.

 


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ê2015 Statutes of Nevada, Page 2650 (Chapter 455, AB 159)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. The Legislature hereby finds and declares that the provisions of section 3 of this act prohibiting requirements for certain terms in contracts entered into by a public body for a public work or entered into by the awardee of a grant, tax abatement, tax credit or tax exemption from a public body are:

      1.  Intended to provide:

      (a) More economical, nondiscriminatory, neutral and efficient contracts for public works by public bodies in this State as market participants; and

      (b) Fair and open competition in awarding contracts, grants, tax abatements, tax credits and tax exemptions.

      2.  The best method for effectuating the intent of subsection 1.

      Sec. 3. 1.  Except as otherwise provided in subsection 4 or 5, a public body, in any advertisement, solicitation, specification, contract or any other document related to a contract for a public work, shall not:

      (a) Require or prohibit an eligible bidder, contractor or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to the public work or any construction project integrated into the public work.

      (b) Discriminate against an eligible bidder, contractor or subcontractor for becoming or remaining or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to the public work or any construction project integrated into the public work.

      2.  Except as otherwise provided in subsection 4 or 5, a public body shall not award a grant, tax abatement, tax credit or tax exemption that is conditioned upon a requirement that the awardee include a term described in paragraph (a) or (b) of subsection 1 in a contract for any construction, improvement, maintenance or renovation to real property that is the subject of the grant, tax abatement, tax credit or tax exemption.

      3.  The provisions of subsections 1 and 2 do not:

      (a) Prohibit a public body from awarding a contract for a public work or a grant, tax abatement, tax credit or tax exemption to an owner who is not a public body, an eligible bidder, a contractor or a subcontractor who enters into, who is a party to or who adheres to an agreement with a labor organization if:

             (1) Entering into, being or becoming a party to or adhering to an agreement with a labor organization is not a condition for awarding the contract, grant, tax abatement, tax credit or tax exemption; and

             (2) The public body does not discriminate against an owner who is not a public body, an eligible bidder, a contractor or a subcontractor in the awarding of the contract, grant, tax abatement, tax credit or tax exemption based upon the status of entering into, being or becoming a party to or adhering to an agreement with a labor organization;

 


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ê2015 Statutes of Nevada, Page 2651 (Chapter 455, AB 159)ê

 

      (b) Prohibit an eligible bidder, contractor or subcontractor from voluntarily entering into or complying with an agreement entered into with one or more labor organizations in regard to a contract:

             (1) With a public body for a public work; or

             (2) Funded in whole or in part by a grant, tax abatement, tax credit or tax exemption from a public body;

      (c) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the Labor Management Relations Act of 1947, 29 U.S.C. §§ 151 et seq.;

      (d) Interfere with labor relations of parties that are left unregulated by the Labor Management Relations Act of 1947, 29 U.S.C. §§ 151 et seq.; or

      (e) Affect any provision of NRS 338.020 to 338.090, inclusive.

      4.  A public body may exempt a particular public work or a grant, tax abatement, tax credit or tax exemption from the provisions of subsection 1 if the public body makes a finding, after notice and a hearing, that a special circumstance requires such an exemption to avert an imminent threat to the public health or safety. A finding of a special circumstance pursuant to this subsection must not be based on the possibility or presence of a labor dispute concerning:

      (a) The use of a contractor or subcontractor who is not a signatory to or does not adhere to an agreement with one or more labor organizations; or

      (b) Employees on the public work who are not members of or affiliated with a labor organization.

      5.  A public body may exempt a particular public work or a grant, tax abatement, tax credit or tax exemption from the provisions of subsection 1 if the public body makes a finding, after notice and a hearing, that the public work or construction, improvement, maintenance or renovation to real property that is the subject of the grant, tax abatement, tax credit or tax exemption, as applicable, is a part of critical infrastructure for:

      (a) An airport, including, without limitation, a runway, taxiway, air traffic control tower or project to improve airport security; or

      (b) A water system.

      6.  As used in this section, “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

      Sec. 4.  1.  The amendatory provisions of this act do not apply to any contract entered into before July 1, 2015, by:

      (a) A public body for a public work; or

      (b) The awardee of a grant, tax abatement, tax credit or tax exemption from a public body for a project funded in whole or in part by such grant, tax abatement, tax credit or tax exemption.

      2.  As used in this section:

      (a) “Public body” has the meaning ascribed to it in NRS 338.010.

      (b) “Public work” has the meaning ascribed to it in NRS 338.010.

      Sec. 5.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2652ê

 

CHAPTER 456, AB 172

Assembly Bill No. 172–Assemblymen O’Neill, Oscarson; Kirner and Stewart

 

Joint Sponsors: Senators Goicoechea; and Settelmeyer

 

CHAPTER 456

 

[Approved: June 9, 2015]

 

AN ACT relating to public works; revising the manner in which the prevailing wage is determined; requiring the Labor Commissioner to determine the prevailing wage to be a certain percentage for certain public works of school districts and the Nevada System of Higher Education; raising the estimated thresholds at or above which prevailing wage requirements apply to certain public work construction projects; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that mechanics and workers employed on certain public works be paid at least the wage prevailing for the type of work that the mechanic or worker performs in the locale in which the public work is located. (NRS 338.020) Section 2.3 of this bill prescribes the manner in which the Labor Commissioner must determine the prevailing wage for such a public work.

      Senate Bill No. 119 of this legislative session exempted public works of school districts and the Nevada System of Higher Education from the requirement to pay prevailing wage. Section 6.7 of this bill repeals those provisions of Senate Bill No. 119, thereby making school districts and the Nevada System of Higher Education subject to that requirement. Section 2.3 of this bill provides that the Labor Commissioner must set the prevailing wage on these public works at 90 percent of the rate of prevailing wage on other public works.

      Under existing law, any contract for a public work whose cost is $100,000 or more is subject to the prevailing wage requirements. (NRS 338.080) Section 3 of this bill raises the threshold for the applicability of prevailing wage requirements from $100,000 to $250,000. Section 3 also exempts charter schools from prevailing wage requirements.

      Section 5 of this bill provides that the amendatory provisions of this bill do not apply to a public work awarded before 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:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 2.3. NRS 338.030 is hereby amended to read as follows:

      338.030  1.  The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.

      2.  [To establish a] The prevailing wage in each county, including Carson City, [the] must be established as follows:

      (a) The Labor Commissioner shall, annually, survey contractors who have performed work in the county.

 


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ê2015 Statutes of Nevada, Page 2653 (Chapter 456, AB 172)ê

 

      (b) Based on the survey conducted pursuant to paragraph (a), where the rate of wages is the same for more than 50 percent of the total hours worked by each craft or type of work in that county on construction similar to the proposed construction, that rate will be determined as the prevailing wage.

      (c) Where no such rate can be determined, the prevailing wage for a craft or type of work will be determined as the average rate of wages paid per hour based on the number of hours worked per rate, to that craft or type of work.

      (d) The Labor Commissioner shall determine the prevailing wage to be 90 percent of the rate determined pursuant to paragraphs (a), (b) and (c) for:

             (1) Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a school district or the Nevada System of Higher Education is a party; and

             (2) A public work of, or constructed by, a school district or the Nevada System of Higher Education, or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a school district or the Nevada System of Higher Education.

      3.  Within 30 days after the determination is issued:

      (a) A public body or person entitled under subsection [5] 6 to be heard may submit an objection to the Labor Commissioner with evidence to substantiate that a different wage prevails; and

      (b) Any person may submit information to the Labor Commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any county.

      [3.]4.  The Labor Commissioner shall hold a hearing in the locality in which the work is to be executed if the Labor Commissioner:

      (a) Is in doubt as to the prevailing wage; or

      (b) Receives an objection or information pursuant to subsection [2.] 3.

Ê The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.

      [4.]5.  Notice of the hearing must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks before the time of the hearing.

      [5.]6.  At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the locality or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing wage.

      [6.]7.  The wages so determined must be filed by the Labor Commissioner and must be available to any public body which awards a contract for any public work.

      [7.]8.  Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.

      Sec. 2.7. NRS 338.075 is hereby amended to read as follows:

      338.075  The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds [$100,000] $250,000 even if the construction work does not qualify as a public work, as defined in subsection 17 of NRS 338.010.

 


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ê2015 Statutes of Nevada, Page 2654 (Chapter 456, AB 172)ê

 

Education for which the estimated cost exceeds [$100,000] $250,000 even if the construction work does not qualify as a public work, as defined in subsection 17 of NRS 338.010.

      Sec. 3. NRS 338.080 is hereby amended to read as follows:

      338.080  None of the provisions of NRS 338.020 to 338.090, inclusive, apply to:

      1.  Any work, construction, alteration, repair or other employment performed, undertaken or carried out, by or for any railroad company or any person operating the same, whether such work, construction, alteration or repair is incident to or in conjunction with a contract to which a public body is a party, or otherwise.

      2.  Apprentices recorded under the provisions of chapter 610 of NRS.

      3.  Any contract for a public work whose cost is less than [$100,000.] $250,000. A unit of the project must not be separated from the total project, even if that unit is to be completed at a later time, in order to lower the cost of the project below [$100,000.] $250,000.

      4.  Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a charter school is a party, notwithstanding any other provision of law.

      5.  A public work of, or constructed by, a charter school, or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a charter school, notwithstanding any other provision of law.

      Secs. 3.3, 3.5, 3.6, 3.7, 3.8, 4 and 4.5. (Deleted by amendment.)

      Sec. 5.  1.  The amendatory provisions of this act do not apply to a public work or other project of construction, repair or reconstruction that is awarded before the effective date of this act.

      2.  As used in this section, “public work” has the meaning ascribed to it in NRS 338.010.

      Sec. 6.  (Deleted by amendment.)

      Sec. 6.3.  The Labor Commissioner shall, as soon as practicable on or after the effective date of this act, adopt regulations to carry out the provisions of this act. The Labor Commissioner shall prepare, distribute and administer the current prevailing wage survey and all subsequent surveys conducted to establish a prevailing wage in each county in strict compliance with the amendatory provisions of this act.

      Sec. 6.7. Sections 1 and 3 to 6, inclusive, of Senate Bill No. 119 (Chapter 5, Statutes of Nevada 2015, at page 27) are hereby repealed.

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

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ê2015 Statutes of Nevada, Page 2655ê

 

CHAPTER 457, AB 364

Assembly Bill No. 364–Assemblymen Thompson, Bustamante Adams, Diaz, Kirkpatrick, Carrillo; Elliot Anderson, Benitez-Thompson, Flores, Joiner and Ohrenschall

 

Joint Sponsors: Senators Denis, Parks, Woodhouse, Kihuen, Ford; Atkinson, Manendo, Roberson, Segerblom and Smith

 

CHAPTER 457

 

[Approved: June 9, 2015]

 

AN ACT relating to business; declaring certain records to be confidential; revising provisions governing the state business portal; revising provisions governing applications for certain authorizations to conduct a business in this State issued by state and local agencies and health districts; requiring the Secretary of State to assign a unique business identification number to certain entities and persons under certain circumstances; revising provisions governing the issuance of certain licenses by the Office of the Secretary of State; requiring the Secretary of State to suspend a state business license under certain circumstances; removing the prohibition against a county clerk refusing to accept for filing certain business certificates in certain circumstances; revising provisions governing the disclosure of certain information by the Employment Security Division of the Department of Employment, Training and Rehabilitation; repealing certain provisions relating to the collection of information from certain businesses in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Secretary of State is required to establish the state business portal to facilitate interaction among businesses and governmental agencies in this State by allowing businesses to conduct necessary transactions with governmental agencies in this State through the state business portal. (NRS 75A.100) Section 4 of this bill requires the Secretary of State to: (1) establish common business registration information that may be used by state and local agencies and health districts to conduct necessary transactions with businesses in this State; and (2) cause the state business portal to exchange the common business registration information among certain state and local agencies and health districts that conduct necessary transactions with businesses in this State. Section 4 authorizes state and local agencies and health districts to: (1) integrate their electronic applications processes into the state business portal; (2) use the state business portal to accept and disseminate common business registration information that is needed by the state or local agency or health district to issue a license, certificate, registration, permit or similar type of authorization to conduct a business in this State or to engage in an occupation or profession in this State; (3) make available on the Internet applications for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State or to engage in an occupation or profession in this State and to integrate such applications into the state business portal; and (4) perform certain other actions related to participation in the state business portal. Section 4 also specifies that a state or local agency or health district is not required to disseminate or release information if such action would result in the state or local agency or health district violating any provision of state or federal law relating to the confidentiality of information. Section 3 of this bill deems that the records and files collected as common business registration information by the Secretary of State are confidential and privileged unless an exception applies.

 


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      Section 7 of this bill requires the Secretary of State to assign a unique business identification number to each business entity organized in this State and to each person who is issued a state business license or who claims to be excluded or exempt from the requirement to obtain a state business license. Under section 4: (1) the Secretary of State must cause the state business portal to interface with the system used by the Secretary of State to assign business identification numbers; and (2) state and local agencies and health districts that issue licenses, certificates, registration, permits or similar types of authorization to conduct a business in this State or to engage in an occupation or profession in this State may require an applicant for such a license, certificate, registration or permit to include the applicant’s business identification number on the application.

      Existing law also requires an applicant for a city or county business license to sign an affidavit or electronically submit an attestation affirming that the business satisfies certain insurance requirements. (NRS 244.33505, 268.0955) Sections 9.5 and 10.5 of this bill provide that if an applicant submits such an attestation electronically via the state business portal, access to certain information regarding industrial insurance must be provided through the state business portal.

      Existing law provides that if certain local governments require a person to obtain a license, permit or certificate to practice a profession or occupation, an applicant for the issuance or renewal of such a license, certificate or permit must submit a statement indicating whether the applicant is subject to a court order for the support of a child and whether he or she is in compliance with that order or a plan for the repayment of the money owed pursuant to the order. (NRS 244.33506, 266.358, 266.368, 269.171) Sections 9.6-9.9, 10.6 and 10.7 of this bill provide that an applicant for a general business license issued by a local government is not required to submit such a statement.

      Existing law provides that if a local government which issues professional or occupational licenses, certificates or permits receives a copy of a court order suspending all such licenses, certificates or permits for failure to comply with certain child support requirements, the governmental entity must suspend the license, certificate or permit. (NRS 244.33508, 266.362, 269.172) Section 5.7 of this bill requires the Secretary of State to suspend the state business license of a sole proprietor if the Secretary of State receives a copy of a court order providing for the suspension of the professional and occupational licenses issued to the sole proprietor because the sole proprietor has not complied with certain child support requirements and the sole proprietor does not comply with certain requirements within 30 days. Sections 10.8 and 10.9 of this bill make conforming changes.

      Section 11 of this bill removes the provision from existing law which prohibits a county clerk, in certain circumstances, from refusing to accept for filing a certificate or renewal certificate concerning persons doing business in this State under an assumed or fictitious name that is filed by a foreign artificial person or persons. Section 12 of this bill authorizes the Employment Security Division of the Department of Employment, Training and Rehabilitation to make certain information available to the Secretary of State for certain purposes related to operating and maintaining the state business portal.

 

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 75A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, “health district” means a health district created pursuant to NRS 439.362 or 439.370.

 


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      Sec. 3. 1.  Except as otherwise provided in subsection 2 and NRS 239.0115, the records and files collected by the Secretary of State pursuant to paragraph (f) of subsection 2 of NRS 75A.100 are confidential and privileged. The Secretary of State and any employee of the Secretary of State who is authorized to view or use the information in such records or files:

      (a) Shall not disclose any information obtained from such records or files other than specific information contained in the record or file that is deemed a public record; and

      (b) May not be required to produce any of the records, files and information for the inspection of any person or governmental entity or for use in any action or proceeding.

      2.  The records and files collected pursuant to paragraph (f) of subsection 2 of NRS 75A.100 are not confidential and privileged in the following cases:

      (a) Testimony by the Secretary of State or any employee of the Secretary of State and the production of records, files and information on behalf of the Secretary of State or a person in any action or proceeding before the Secretary of State or a court in this State if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a person or his or her authorized representative of a copy of any document filed by the person pursuant to this chapter.

      (c) Publication by a governmental agency of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Secretary of State or a federal agency in accordance with any agreement made and provided for in such cases, or disclosure in confidence to any federal agency that requests the information for use by the agency in a civil or criminal investigation or prosecution.

      (e) Disclosure in confidence to the Attorney General or other legal representative of the State or a federal agency in connection with an action or proceeding relating to a taxpayer, or to any agency of this or any other state or the Federal Government charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming or which issues licenses, certificates, registrations, permits or similar types of authorization to conduct a business in this State.

      (f) Disclosure by the Secretary of State for the purpose of collection of a debt, fee or obligation owed to the Secretary of State.

      (g) A business that submits information to the state business portal and agrees to a provision authorizing the release of information contained in the records and files of the state business portal for a purpose which must be specified in the provision.

      Sec. 4. NRS 75A.100 is hereby amended to read as follows:

      75A.100  1.  The Secretary of State shall provide for the establishment of a state business portal to facilitate interaction among businesses and governmental agencies in this State by allowing businesses to conduct necessary transactions with governmental agencies in this State through use of the state business portal.

      2.  The Secretary of State shall:

 


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      (a) Establish, through cooperative efforts [,] and consultation with representatives of state agencies, local governments, health districts and businesses, the standards and requirements necessary to design, build and implement the state business portal;

      (b) Establish the standards and requirements necessary for a state or local agency to participate in the state business portal;

      (c) Authorize a state or local agency to participate in the state business portal if the Secretary of State determines that the agency meets the standards and requirements necessary for such participation [;] and the agency has entered into an agreement for access to the state business portal with the Secretary of State;

      (d) Determine the appropriate requirements to be used by businesses and governmental agencies conducting transactions through use of the state business portal;

      (e) Cause the state business portal to interface with the system established by the Secretary of State to assign business identification numbers;

      (f) For the purpose of coordinating the collection of common information from businesses using the state business portal:

             (1) Establish common business registration information to be collected from businesses by state and local agencies and health districts which issue licenses, certificates, registrations, permits or similar types of authorization to conduct a business in this State, which collect taxes or fees or which conduct other necessary transactions with businesses in this State; and

             (2) Cause the state business portal to exchange the common business registration information among state and local agencies and health districts which participate in the state business portal and which use the common business registration information to issue licenses, certificates, registrations, permits or similar types of authorization to conduct a business in this State, to collect taxes or fees or to conduct other necessary transactions with businesses in this State;

      (g) In carrying out the provisions of this section, consult with the Executive Director of the Office of Economic Development to ensure that the activities of the Secretary of State are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      [(f)](h) Adopt such regulations and take any appropriate action as necessary to carry out the provisions of this chapter.

      3.  Each state agency or health district that issues a license, certificate, registration, permit or similar type of authorization to conduct a business in this State may, to the extent practicable, and each local agency that issues a license, certificate, registration, permit or similar type of authorization to conduct a business in the jurisdiction of the local agency may, as approved by the governing body of the local government:

      (a) Make available on its Internet website any of its applications for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State.

      (b) Accept the electronic transfer of common business registration information from the state business portal for use in any electronic application for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State or for use in any application processing system.

 


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application for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State or for use in any application processing system.

      (c) Integrate with the state business portal any of its applications for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State. As used in this paragraph, “integrate” means to consolidate an electronic application process so that it is capable of collecting and disseminating information to a state or local agency or health district for the processing of the application for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State.

      (d) Allow for the acceptance of an electronic signature for a declaration or affirmation under penalty of perjury or as provided for in statute.

      (e) Require an applicant for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State to include in the application the applicant’s business identification number.

      (f) Ensure that the state or local agency or health district, as applicable, is capable of using the state business portal to accept and disseminate to participating state and local agencies and health districts the common business registration information established pursuant to subparagraph (1) of paragraph (f) of subsection 2 which is needed by the state or local agency or health district to issue a license, certificate, registration, permit or similar type of authorization to conduct a business in this State.

      (g) Establish and maintain its rules, data and processes relating to businesses in accordance with the agreement entered into by the state or local agency or health district pursuant to paragraph (c) of subsection 2 and any corresponding technical documentation.

      4.  The provisions of subsection 3 do not require a state or local agency or health district to:

      (a) Disseminate or release information if such action would result in the state or local agency or health district violating any provision of state or federal law relating to the confidentiality of the information.

      (b) Upgrade its information technology system or incur significant expense to comply with the provisions of this section.

      5.  Except as otherwise provided in NRS 239.0115, all records containing technical specifications, processing protocols or programmatic or system architecture of the state business portal, and any other records containing information the disclosure of which would endanger the security of the state business portal, or proprietary information related to the functions, operations, processes or architecture of the state business portal, are deemed confidential and privileged.

      6.  As used in this section:

      (a) “Business identification number” means the number assigned by the Secretary of State pursuant to section 7 of this act to an entity organized pursuant to this title or to a person who is issued a state business license or who claims to be excluded or exempt from the requirement to obtain a state business license pursuant to chapter 76 of NRS.

      (b) “Disseminate” means to distribute in an electronic format that is capable of being accepted by participating state and local agencies and health districts and used by participants as the common business registration information used to issue a license, certificate, registration, permit or similar type of authorization, to collect taxes or fees or to conduct other necessary transactions with businesses in this State.

 


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registration information used to issue a license, certificate, registration, permit or similar type of authorization, to collect taxes or fees or to conduct other necessary transactions with businesses in this State.

      Sec. 5. Chapter 76 of NRS is hereby amended by adding thereto the provisions sets forth as sections 5.3 and 5.7 of this act.

      Sec. 5.3.  (Deleted by amendment.)

      Sec 5.7. 1.  If the Secretary of State receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is conducting business in this State as a sole proprietor, and the state business license issued by the Secretary of State to such a person, the Secretary of State shall deem the state business 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 Secretary of State receives a letter issued to the holder of the state business license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the state business license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Secretary of State shall reinstate a state business license that has been suspended by a district court pursuant to NRS 425.540 if the Secretary of State receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose state business license was suspended stating that the person whose state business license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 6. NRS 76.100 is hereby amended to read as follows:

      76.100  1.  A person shall not conduct a business in this State unless and until the person obtains a state business license issued by the Secretary of State. If the person is:

      (a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license at the time of filing the initial or annual list.

      (b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license before conducting a business in this State.

      2.  An application for a state business license must:

      (a) Be made upon a form prescribed by the Secretary of State;

      (b) Set forth the name under which the applicant transacts or intends to transact business, or if the applicant is an entity organized pursuant to this title and on file with the Secretary of State, the exact name on file with the Secretary of State, the [entity] business identification number as assigned by the Secretary of State [, if known,] pursuant to section 7 of this act, and the location in this State of the place or places of business;

      (c) Be accompanied by a fee in the amount of $100; and

      (d) Include any other information that the Secretary of State deems necessary.

Ê If the applicant is an entity organized pursuant to this title and on file with the Secretary of State and the applicant has no location in this State of its place of business, the address of its registered agent shall be deemed to be the location in this State of its place of business.

      3.  The application must be signed pursuant to NRS 239.330 by:

 


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      (a) The owner of a business that is owned by a natural person.

      (b) A member or partner of an association or partnership.

      (c) A general partner of a limited partnership.

      (d) A managing partner of a limited-liability partnership.

      (e) A manager or managing member of a limited-liability company.

      (f) An officer of a corporation or some other person specifically authorized by the corporation to sign the application.

      4.  If the application for a state business license is defective in any respect or the fee required by this section is not paid, the Secretary of State may return the application for correction or payment.

      5.  The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

      6.  For the purposes of this chapter, a person shall be deemed to conduct a business in this State if a business for which the person is responsible:

      (a) Is organized pursuant to this title, other than a business organized pursuant to:

             (1) Chapter 82 or 84 of NRS; or

             (2) Chapter 81 of NRS if the business is a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (b) Has an office or other base of operations in this State;

      (c) Has a registered agent in this State; or

      (d) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid.

      7.  As used in this section, “registered agent” has the meaning ascribed to it in NRS 77.230.

      Sec. 7. Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:

      For the purpose of establishing the identity of an entity organized pursuant to title 7 of NRS or a person who is issued a state business license pursuant to chapter 76 of NRS or who claims to be excluded or exempt from the requirement to obtain a state business license pursuant to NRS 76.105, the Secretary of State shall assign a unique business identification number to each such entity or person.

      Sec. 8. 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, 75A.100, 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.

 


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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, 571.160, 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 3 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.

 


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      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.

      (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. 9. NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsections 2, 3 and 4, and NRS 244.33501, a board of county commissioners may:

      (a) Except as otherwise provided in NRS 244.331 to 244.3345, inclusive, 598D.150 and 640C.100, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      4.  The board of county commissioners or county license board shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his or her profession for any type of compensation as an employee.

 


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      5.  The county license board shall provide upon request an application for a state business license pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:

      (a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or

      (b) Provides to the county license board the [entity] business identification number of the applicant assigned by the Secretary of State pursuant to section 7 of this act which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

      6.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

      (a) Presents written evidence that:

             (1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

             (2) Another regulatory agency of the State has issued or will issue a license required for this activity; or

      (b) Provides to the county license board the [entity] business identification number of the applicant assigned by the Secretary of State pursuant to section 7 of this act which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

      7.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

      (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      8.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.

 


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the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or Secretary of State for the exchange of information concerning taxpayers.

      Sec. 9.5. NRS 244.33505 is hereby amended to read as follows:

      244.33505  1.  In a county in which a license to engage in a business is required, the board of county commissioners shall not issue such a license unless the applicant for the license:

      (a) Signs an affidavit affirming that the business:

             (1) Has received coverage by a private carrier as required pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS;

             (2) Maintains a valid certificate of self-insurance pursuant to chapters 616A to 616D, inclusive, of NRS;

             (3) Is a member of an association of self-insured public or private employers; or

             (4) Is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or

      (b) If the applicant submits his or her application electronically, attests to his or her compliance with the provisions of paragraph (a).

      2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit or attestation required by subsection 1.

      3.  [Each] Except as otherwise provided in this subsection, each board of county commissioners shall submit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry monthly a [list] report of the names of those businesses which have submitted an affidavit or attestation required by subsections 1 and 2. A board of county commissioners is not required to include in the monthly report the name of a business which has submitted an attestation electronically via the state business portal.

      4.  [Upon] Except as otherwise provided in subsection 5, upon receiving an affidavit or attestation required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.376.

      5.  If an applicant submits an attestation required by this section electronically via the state business portal, the state business portal must provide the owner of the business with access to information setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.376.

      6.  As used in this section, “state business portal” means the state business portal established pursuant to chapter 75A of NRS.

 


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      Sec. 9.6.NRS 244.33506 is hereby amended to read as follows:

      244.33506  1.  If a board of county commissioners requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 244.334 or 244.335, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the board of county commissioners the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The board of county commissioners 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, certificate or permit; or

      (b) A separate form prescribed by the board of county commissioners.

      3.  A license, certificate or permit may not be issued or renewed by a board of county commissioners pursuant to NRS 244.334 or 244.335 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 of county commissioners 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.

      5.  As used in this section, “license, permit or certificate to practice a profession or occupation” does not include a general business license issued by a board of county commissioners.

      Sec. 9.7.NRS 244.33507 is hereby amended to read as follows:

      244.33507  1.  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 244.334 or 244.335 must include the social security number of the applicant.

      2.  As used in this section, “license, permit or certificate to practice a profession or occupation” does not include a general business license issued by a board of county commissioners.

      Sec. 9.8. NRS 266.358 is hereby amended to read as follows:

      266.358  1.  If a city council requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or 268.0887, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the city council 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 city council shall include the statement required pursuant to subsection 1 in:

 


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

      (b) A separate form prescribed by the city council.

      3.  A license, certificate or permit may not be issued or renewed by the city council pursuant to NRS 266.355 or 268.0887 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 he or she 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 he or she 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 city council 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.

      5.  As used in this section, “license, permit or certificate to practice a profession or occupation” does not include a general business license issued by a city council.

      Sec. 9.9. NRS 266.368 is hereby amended to read as follows:

      266.368  1.  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or 268.0887 must include the social security number of the applicant.

      2.  As used in this section, “license, permit or certificate to practice a profession or occupation” does not include a general business license issued by a city council.

      Sec. 10. NRS 268.095 is hereby amended to read as follows:

      268.095  1.  Except as otherwise provided in subsection 4 and NRS 268.0951, the city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in subsection 2 and NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

 


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             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this State.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The city council or other governing body of an incorporated city shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      3.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      4.  The city council or other governing body of an incorporated city shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his or her profession for any type of compensation as an employee.

      5.  The city licensing agency shall provide upon request an application for a state business license pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:

      (a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or

      (b) Provides to the city licensing agency the [entity] business identification number of the applicant assigned by the Secretary of State pursuant to section 7 of this act which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

      6.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

      (a) Presents written evidence that:

             (1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

             (2) Another regulatory agency of the State has issued or will issue a license required for this activity; or

 


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      (b) Provides to the city licensing agency the [entity] business identification number of the applicant assigned by the Secretary of State pursuant to section 7 of this act which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

      7.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

      (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      8.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or the Secretary of State for the exchange of information concerning taxpayers.

      9.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 10.5. NRS 268.0955 is hereby amended to read as follows:

      268.0955  1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license:

 


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      (a) Signs an affidavit affirming that the business:

             (1) Has received coverage by a private carrier as required pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS;

             (2) Maintains a valid certificate of self-insurance pursuant to chapters 616A to 616D, inclusive, of NRS;

             (3) Is a member of an association of self-insured public or private employers; or

             (4) Is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or

      (b) If the applicant submits his or her application electronically, attests to his or her compliance with the provisions of paragraph (a).

      2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit or attestation required by subsection 1.

      3.  [Each] Except as otherwise provided in this subsection, each city council or other governing body of an incorporated city shall submit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry monthly a [list] report of the names of those businesses which have submitted an affidavit or attestation required by subsections 1 and 2. A city council or other governing board of an incorporated city is not required to include in the monthly report the name of a business which has submitted an attestation electronically via the state business portal.

      4.  [Upon] Except as otherwise provided in subsection 5, upon receiving an affidavit or attestation required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace in accordance with regulations adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.376.

      5.  If an applicant submits an attestation required by this section electronically via the state business portal, the state business portal must provide the owner of the business with access to information setting forth the rights and responsibilities of employers and employees to promote safety in the workplace in accordance with regulations adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.376.

      6.  As used in this section, “state business portal” means the state business portal established pursuant to chapter 75A of NRS.

      Sec. 10.6.NRS 269.171 is hereby amended to read as follows:

      269.171  1.  If a town board or board of county commissioners requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 269.170, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the town board or board of county commissioners 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 town board or board of county commissioners shall include the statement required pursuant to subsection 1 in:

 


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

      (b) A separate form prescribed by the town board or board of county commissioners.

      3.  A license, certificate or permit may not be issued or renewed by a town board or board of county commissioners pursuant to NRS 269.170 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 he or she 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 he or she 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 town board or board of county commissioners 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.

      5.  As used in this section, “license, permit or certificate to practice a profession or occupation” does not include a general business license issued by a town board or board of county commissioners.

      Sec. 10.7.NRS 269.173 is hereby amended to read as follows:

      269.173  1.  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 269.170 must include the social security number of the applicant.

      2.  As used in this section, “license, permit or certificate to practice a profession or occupation” does not include a general business license issued by a town board or board of county commissioners.

      Sec. 10.8. NRS 425.530 is hereby amended to read as follows:

      425.530  1.  Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsections 2 and 4 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after the person receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to NRS 425.560; or

      (c) Submit to the district attorney or other public agency a written request for a hearing,

Ê the district attorney or other public agency shall request in writing that the master suspend all professional, occupational and recreational licenses, certificates and permits issued to that person [.]

 


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certificates and permits issued to that person [.] , and any business license issued to that person if he or she is conducting business in this State as a sole proprietor.

      3.  Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

      4.  If the master receives from a district attorney or other public agency a request to suspend the professional, occupational and recreational licenses, certificates and permits issued to a person, and any business license issued to that person if he or she is conducting business in this State as a sole proprietor, the master shall enter a recommendation determining whether the person:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

Ê As soon as practicable after the master enters a recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

      5.  If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable.

      Sec. 10.9. NRS 425.540 is hereby amended to read as follows:

      425.540  1.  If a master enters a recommendation determining that a person:

      (a) Has 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) Is in arrears in the payment for the support of one or more children,

Ê and the district court issues an order approving the recommendation of the master pursuant to NRS 425.3844, the court shall provide a copy of the order to the Secretary of State and all agencies that issue professional, occupational or recreational licenses, certificates or permits.

      2.  A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional, occupational or recreational license, certificate or permit to that person , and to the Secretary of State if he or she conducts business in this State as a sole proprietor, a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, the professional, occupational or recreational licenses issued to the person by that agency , or the business license issued to the person to conduct business in this State as a sole proprietor by the Secretary of State, will be automatically suspended. Such an order must not apply to a license, certificate or permit issued by the Department of Wildlife or the State Land Registrar if that license, certificate or permit expires less than 6 months after it is issued.

      3.  If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

 


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      (a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

      (b) If the person is in arrears in the payment for the support of one or more children:

             (1) A copy of the court order;

             (2) A statement of the amount of the arrearage; and

             (3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

      Sec. 11. NRS 602.020 is hereby amended to read as follows:

      602.020  1.  A certificate filed pursuant to NRS 602.010 or a renewal certificate filed pursuant to NRS 602.035 must state the assumed or fictitious name under which the business is being conducted or is intended to be conducted, and if conducted by:

      (a) A natural person:

             (1) His or her full name;

             (2) The street address of his or her residence or business; and

             (3) If the mailing address is different from the street address, the mailing address of his or her residence or business;

      (b) An artificial person:

             (1) Its name; and

             (2) Its mailing address;

      (c) A general partnership:

             (1) The full name of each partner who is a natural person;

             (2) The street address of the residence or business of each partner who is a natural person;

             (3) If the mailing address is different from the street address, the mailing address of the residence or business of each partner who is a natural person; and

             (4) If one or more of the partners is an artificial person described in paragraph (b), the information required by paragraph (b) for each such partner; or

      (d) A trust:

             (1) The full name of each trustee of the trust;

             (2) The street address of the residence or business of each trustee of the trust; and

             (3) If the mailing address is different from the street address, the mailing address of the residence or business of each trustee of the trust.

      2.  The certificate must be:

      (a) Signed:

             (1) In the case of a natural person, by that natural person;

             (2) In the case of an artificial person, by an officer, director, manager, general partner, trustee or other natural person having the authority to bind the artificial person to a contract;

             (3) In the case of a general partnership, by each of the partners who is a natural person and, if one or more of the partners is an artificial person described in subparagraph (2), by the person described in subparagraph (2); or

             (4) In the case of a trust, by each of the trustees; and

      (b) Notarized, unless the board of county commissioners of the county adopts an ordinance providing that the certificate may be filed without being notarized.

 


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      3.  [No county clerk may refuse to accept for filing a certificate filed by a foreign artificial person or foreign artificial persons because the foreign artificial person or foreign artificial persons have not qualified to do business in this State under title 7 of NRS.

      4.]  As used in this section:

      (a) “Artificial person” means any organization organized under the law of the United States, any foreign country, or a state, province, territory, possession, commonwealth or dependency of the United States or any foreign country, and as to which the government, state, province, territory, possession, commonwealth or dependency must maintain a record showing the organization to have been organized.

      (b) [“Foreign artificial person” means an artificial person that is not organized under the laws of this State.

      (c)] “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 12. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; [and]

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS [.] ; and

      (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

 


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ê2015 Statutes of Nevada, Page 2675 (Chapter 457, AB 364)ê

 

      4.  Upon written request made by a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      5.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      6.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      7.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      8.  In addition to the provisions of subsection 5, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

 


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ê2015 Statutes of Nevada, Page 2676 (Chapter 457, AB 364)ê

 

      9.  A private carrier that provides industrial insurance in this State shall submit to the Administrator a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during the preceding month and request that the Administrator compare the information so provided with the records of the Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the private carrier must be in a form determined by the Administrator and must contain the social security number of each such person. Upon receipt of the request, the Administrator shall make such a comparison and, if it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency. The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      11.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      12.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 13. (Deleted by amendment.)

      Sec. 14. NRS 719.345 is hereby amended to read as follows:

      719.345  The Secretary of State may require a governmental agency of this State or a governmental agency of a political subdivision of this State, as a condition of participation in the state business portal established pursuant to chapter 75A of NRS, [75A.100, 75A.200 and 75A.300,] to send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.

      Sec. 15. NRS 237.180, 364.110 and 364.120 are hereby repealed.

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

      2.  Sections 5.3, 5.7, 10.8 and 10.9 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 2677 (Chapter 457, AB 364)ê

 

      (a) Have failed to comply with the 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 458, AB 389

Assembly Bill No. 389–Assemblyman Paul Anderson

 

CHAPTER 458

 

[Approved: June 9, 2015]

 

AN ACT relating to employee leasing companies; altering the definition of “employee leasing company” to describe the nature of the relevant agreement; authorizing an employee leasing company that applies for a certificate of registration to provide consolidated or combined financial statements with its application; deeming the client company of an employee leasing company to be the employer of the employees it leases for purposes of unemployment compensation; repealing the requirement that an employee leasing company maintain an office in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “employee leasing company.” (NRS 616B.670) Section 2 of this bill revises the definition of an employee leasing company to emphasize that the agreement between an employee leasing company and client company contemplates an ongoing relationship with an allocation of rights, duties and obligations.

      Existing law requires an employee leasing company to have a certificate of registration to operate in this State. (NRS 616B.673) To receive a certificate of registration, an employee leasing company must submit an application to the Administrator of the Division of Industrial Relations of the Department of Business and Industry which must include, among other things, financial statements of the applicant. (NRS 616B.679) Section 3 of this bill allows an employee leasing company to meet this requirement by submitting consolidated or combined financial statements that include, but are not exclusive to, the employee leasing company.

      Section 4 of this bill deems the client company of an employee leasing company to be the employer of the employees it leases for the purposes of the chapter of the laws of this State that pertain to unemployment compensation.

      Existing law requires an employee leasing company to maintain an office or similar site in this State for retaining, reviewing and auditing its payroll records and agreements with client companies. In addition, the office must be open during normal business hours for the inspection and copying of certain records by employees and the public. (NRS 616B.682) Section 5 of this bill repeals these provisions.

 

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.)

 


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ê2015 Statutes of Nevada, Page 2678 (Chapter 458, AB 389)ê

 

      Sec. 2. NRS 616B.670 is hereby amended to read as follows:

      616B.670  As used in NRS 616B.670 to 616B.697, inclusive, unless the context otherwise requires:

      1.  “Applicant” means a person seeking a certificate of registration pursuant to NRS 616B.670 to 616B.697, inclusive, to operate an employee leasing company.

      2.  “Client company” means a company which leases employees, for a fee, from an employee leasing company pursuant to a written or oral agreement.

      3.  “Employee leasing company” means a company which, pursuant to a written or oral agreement [:

      (a) Places] intended by the parties to create an ongoing relationship, places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company . [on a regular basis without any limitation on the duration of their employment; or

      (b) Leases to a client company:

             (1) Five or more part-time or full-time employees; or

             (2) Ten percent or more of the total number of employees within a classification of risk established by the Commissioner.]

      4.  “Ongoing relationship” means a relationship wherein the rights, duties and obligations of an employer which arise out of an employment relationship are allocated between the employee leasing company and the client company on an ongoing, long-term basis. The term does not include a temporary or project-specific agreement between an employee leasing company and a client company.

      Sec. 3. NRS 616B.679 is hereby amended to read as follows:

      616B.679  1.  Each application must include:

      (a) The applicant’s name and title of his or her position with the employee leasing company.

      (b) The applicant’s age, place of birth and social security number.

      (c) The applicant’s address.

      (d) The business address of the employee leasing company.

      (e) The business address of the registered agent of the employee leasing company, if the applicant is not the registered agent.

      (f) If the applicant is a:

             (1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.

             (2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.

      (g) Proof of:

             (1) Compliance with the provisions of chapter 76 of NRS.

             (2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.

             (3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.

             (4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the employee leasing company to its employees.

 


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ê2015 Statutes of Nevada, Page 2679 (Chapter 458, AB 389)ê

 

      (h) A financial statement of the applicant setting forth the financial condition of the employee leasing company. Except as otherwise provided in subsection 5, the financial statement must include, without limitation:

             (1) For an application for issuance of a certificate of registration, the most recent audited financial statement [of] that includes the applicant, which must have been completed not more than 13 months before the date of application; or

             (2) For an application for renewal of a certificate of registration, an audited financial statement that includes the applicant and which must have been completed not more than 180 days after the end of the applicant’s fiscal year.

      (i) A registration or renewal fee of $500.

      (j) Any other information the Administrator requires.

      2.  Each application must be notarized and signed under penalty of perjury:

      (a) If the applicant is a sole proprietorship, by the sole proprietor.

      (b) If the applicant is a partnership, by each partner.

      (c) If the applicant is a corporation, by each officer of the corporation.

      3.  An applicant shall submit to the Administrator any change in the information required by this section within 30 days after the change occurs. The Administrator may revoke the certificate of registration of an employee leasing company which fails to comply with the provisions of NRS 616B.670 to 616B.697, inclusive.

      4.  If an insurer cancels an employee leasing company’s policy, the insurer shall immediately notify the Administrator in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the Administrator.

      5.  A financial statement submitted with an application pursuant to this section must be prepared in accordance with generally accepted accounting principles, must be audited by an independent certified public accountant licensed to practice in the jurisdiction in which the accountant is located and must be without qualification as to the status of the employee leasing company as a going concern. [An] Except as otherwise provided in subsection 6, an employee leasing company that has not had sufficient operating history to have an audited financial statement based upon at least 12 months of operating history must present financial statements reviewed by a certified public accountant covering its entire operating history. The financial statements must be prepared not more than 13 months before the submission of an application and must:

      (a) [Indicate that the applicant has] Demonstrate, in the statement, positive working capital, as defined by generally accepted accounting principles, for the period covered by the financial statements; or

      (b) Be accompanied by a bond, irrevocable letter of credit or securities with a minimum market value equaling the maximum deficiency in working capital for the period covered by the financial statements plus $100,000. The bond, irrevocable letter of credit or securities must be held by a depository institution designated by the Administrator to secure payment by the applicant of all taxes, wages, benefits or other entitlements payable by the applicant.

 


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ê2015 Statutes of Nevada, Page 2680 (Chapter 458, AB 389)ê

 

      6.  An applicant required to submit a financial statement pursuant to this section may submit a consolidated or combined audited financial statement that includes, but is not exclusive to, the applicant.

      Sec. 4. NRS 616B.691 is hereby amended to read as follows:

      616B.691  1.  [An] A client company of an employee leasing company [which complies with the provisions of] as defined in NRS 616B.670 [to 616B.697, inclusive,] shall be deemed to be the employer of the employees it leases [to a client company. The provisions of this subsection apply only] for the purposes of [chapters] chapter 612 [and 616A to 617, inclusive,] of NRS.

      2.  An employee leasing company shall be deemed to be an employer of its leased employees for the purposes of offering, sponsoring and maintaining any benefit plans. The provisions of this subsection do not affect the employer-employee relationship that exists between a leased employee and a client company.

      3.  An employee leasing company shall not offer, sponsor or maintain for its leased employees any self-funded insurance program. An employee leasing company shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or title 57 of NRS.

      4.  If an employee leasing company fails to:

      (a) Pay any contributions, premiums, forfeits or interest due; or

      (b) Submit any reports or other information required,

Ê pursuant to this chapter or chapter [612,] 616A, 616C, 616D or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company.

      Sec. 5. NRS 616B.682 is hereby repealed.

________

CHAPTER 459, AB 399

Assembly Bill No. 399–Assemblymen Neal, Bustamante Adams and Araujo

 

CHAPTER 459

 

[Approved: June 9, 2015]

 

AN ACT relating to economic development; directing the Office of Economic Development within the Office of the Governor to create a pilot program to encourage growth and expansion of existing businesses that are located in this State; setting forth the goals and functions of the pilot program; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill provides for the development, creation and operation of a pilot program that will operate in this State from January 1, 2016, through June 30, 2017, and focus its efforts on the growth of businesses already located in this State by emphasizing the use of information and technology.

 


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ê2015 Statutes of Nevada, Page 2681 (Chapter 459, AB 399)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  It is vital to the overall health and growth of the economy of the State of Nevada to promote favorable conditions which allow the expansion of Nevada businesses that demonstrate the ability to grow;

      2.  As a result of the extraordinary economic challenges which have been, and are, confronting the State, the public has an interest in expanding the resources of this State to stimulate investment in Nevada’s economy;

      3.  It is the intent of the Legislature that resources be provided for the operation of the pilot program described in section 2 of this act; and

      4.  The purpose of the pilot program described in section 2 of this act is to stimulate investment in Nevada’s economy by providing technical assistance for businesses in this State that are expanding or ready to expand.

      Sec. 2.  1.  The Office, in consultation with the stakeholders group, shall develop, create and oversee the NV Grow Program as a pilot program to stimulate Nevada’s economy with a view toward providing assistance to businesses that are already located and operating in this State rather than recruiting businesses from other states to relocate in Nevada.

      2.  Under the auspices of the pilot program:

      (a) Institutions of the Nevada System of Higher Education located in Clark County and the Nevada Small Business Development Center in Clark County shall, in cooperation with the geographic information system specialist employed at the College of Southern Nevada, mentor and track businesses participating in the pilot program in Clark County. The Clark County Department of Business License will coordinate with the College to provide such data as may be necessary for the operation of the pilot program in Clark County.

      (b) The Nevada Small Business Development Center located in Washoe County shall cooperate with the geographic information system specialist employed to assist businesses in Clark County that are participating in the pilot program with marketing and other efforts.

      3.  The pilot program must include, without limitation:

      (a) The employment of a geographic information specialist at the College of Southern Nevada who provides data to clients of the stakeholders group;

      (b) The appointment of the Nevada Small Business Development Center in Washoe County as administrator of the geographic information system;

      (c) An analysis of businesses in this State that are ready to expand;

      (d) The identification of the skilled labor that exists in this State and its potential for growth;

      (e) The targeting of business sectors and occupations in this State that have demonstrated the ability to grow and stimulate the economy of the State;

      (f) A focus on the utilization of existing resources;

      (g) The harnessing of the academic expertise of the Centers to provide economic and market data to contribute to the diversification and growth of the economy of this State;

 


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ê2015 Statutes of Nevada, Page 2682 (Chapter 459, AB 399)ê

 

      (h) The use of geographic information systems to map areas of this State to determine locations in which retail sales and other commerce are flourishing and locations in which retail sales and commerce demonstrate the capacity for further growth;

      (i) The selection of businesses and business sectors in this State to participate in the pilot program;

      (j) The elements described in subsection 2;

      (k) The provision of informational and other assistance to businesses and business sectors in this State; and

      (l) Such other components as the Office, in consultation with the stakeholders group, determines are likely to be necessary, advisable or advantageous for the growth and development of businesses located in this State.

      4.  The pilot program shall, insofar as is possible, use the resources and expertise of the Centers and make available those resources and that expertise to businesses in this State for the purposes of:

      (a) Developing business connections;

      (b) Exchanging data and other information with and between businesses and trade associations;

      (c) Creating and facilitating peer-to-peer mentoring sessions; and

      (d) Providing to businesses and business sectors data and other information that is calculated or otherwise generated through the use of geographic information systems.

      5.  To the extent possible, the pilot program must be conducted with the goal of selecting 10 businesses in Clark County to participate in the pilot program.

      6.  To qualify to participate in the pilot program, a business must:

      (a) Have its principal place of business within the State of Nevada and have had its principal place of business in this State for at least 2 years;

      (b) Generate at least $100,000 but not more than $700,000 in revenue; and

      (c) Have a business plan.

      7.  As used in this section:

      (a) “Business plan” means a written statement of a set of business goals, the reasons those goals are believed to be attainable and the plan for reaching those goals.

      (b) “Centers” means all institutions of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada and the University of Nevada, Reno.

      (c) “Geographic information system” means a computerized database management system for the capture, storage, retrieval, analysis and display of spatial or locationally defined data.

      (d) “Office” means the Office of Economic Development within the Office of the Governor.

      (e) “Stakeholders group” means a group of persons interested in economic development in this State selected by the Office, including, without limitation, a representative of the College of Southern Nevada, the University of Nevada, Las Vegas, the Urban Chamber of Commerce of Las Vegas, the Las Vegas Latin Chamber of Commerce, the Valley Center Opportunity Zone, the University of Nevada Cooperative Extension in Clark County, Clark County and incorporated cities in Clark County.

 


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ê2015 Statutes of Nevada, Page 2683 (Chapter 459, AB 399)ê

 

      Sec. 3.  In assisting and carrying out the pilot program described in section 2 of this act, the Centers, as defined in section 2 of this act, shall, without limitation, perform the following services:

      1.  Analyze data;

      2.  Ensure that businesses participating in the pilot program understand the manner in which the data so analyzed will be applied to those businesses so that the businesses may make better business decisions and understand the current business market in which they exist;

      3.  Mentor the businesses as to the optimum use of data received under the pilot program relative to the making of business decisions; and

      4.  With respect to the businesses participating in the pilot program:

      (a) Track the business decisions and growth of each business over the entire period of the pilot program; and

      (b) Report the data tracked pursuant to paragraph (a), at least once each 6 months, to the Office of Economic Development within the Office of the Governor.

      Sec. 4.  The Office of Economic Development within the Office of the Governor shall serve as a consultant to the stakeholders group described in subsection 2 of section 2 of this act, including, without limitation, collecting and analyzing data to ensure that the data used by the Centers is uniform.

      Sec. 4.5.  The Office of Economic Development within the Office of the Governor may apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office in carrying out the pilot program described in section 2 of this act.

      Sec. 5.  There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $150,000 to allow the College of Southern Nevada to:

      1.  Purchase software for a geographic information system;

      2.  Hire a person who is a specialist in geographic information systems to operate the geographic information system; and

      3.  Provide such other services as may be necessary to assist and carry out the pilot program described in section 2 of this act.

      Sec. 6.  Any remaining balance of the appropriation made by section 5 of this act must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made 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 entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2017.

      Sec. 7.  The pilot program described in section 2 of this act must begin operating not later than January 1, 2016.

      Sec. 8.  1.  This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act, and on July 1, 2015, for all other purposes.

      2.  This act expires by limitation on June 30, 2017.

________

 


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ê2015 Statutes of Nevada, Page 2684ê

 

CHAPTER 460, AB 410

Assembly Bill No. 410–Assemblywoman Swank

 

CHAPTER 460

 

[Approved: June 9, 2015]

 

AN ACT relating to government affairs; revising the membership of the Real Estate Commission to provide for proportionate representation based on population; providing for a decennial review of the membership of the Commission to ensure continuation of proportional representation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prescribes the method of appointment, number of members and criteria for selection of members of the Real Estate Commission. (NRS 645.100) Section 7 of this bill revises the requirements for the membership of the Commission to provide approximately proportional representation on the basis of the last decennial census population of the following three regions: (1) Clark County; (2) Washoe County; and (3) the remainder of the State. Section 7 also requires reconsideration of the Commission’s apportionment of membership following each decennial census, if necessary to maintain proportional representation.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-6. (Deleted by amendment.)

      Sec. 7. NRS 645.100 is hereby amended to read as follows:

      645.100  1.  [At least two members of the Commission must be residents of the southern district of Nevada, and at least two members of the Commission must be residents of the northern district of Nevada.] Of the five members appointed to the Commission pursuant to NRS 645.050:

      (a) Three members must reside in or have a principal place of business located in Clark County;

      (b) One member must reside in or have a principal place of business located in Washoe County; and

      (c) One member must reside in or have a principal place of business located in Carson City or Churchill, Douglas, Elko, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey or White Pine County.

      2.  [Not more than two members may be appointed from any one county.] For purposes of appointing a member or filling a vacancy in the membership of the Commission, if no qualified person is willing to serve on the Commission from the region prescribed in:

 

 

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 2685 (Chapter 460, AB 410)ê

 

      (a) Paragraph (a) of subsection 1, the Governor must appoint a qualified person who is willing to serve on the Commission from the region prescribed in paragraph (c) of subsection 1 or, if there is no such person, a qualified person who is willing to serve on the Commission from the region prescribed in paragraph (b) of subsection 1.

      (b) Paragraph (b) of subsection 1, the Governor must appoint a qualified person who is willing to serve on the Commission from the region prescribed in paragraph (a) of subsection 1 or, if there is no such person, a qualified person who is willing to serve on the Commission from the region prescribed in paragraph (c) of subsection 1.

      (c) Paragraph (c) of subsection 1, the Governor must appoint a qualified person who is willing to serve on the Commission from the region prescribed in paragraph (b) of subsection 1 or, if there is no such person, a qualified person who is willing to serve on the Commission from the region prescribed in paragraph (a) of subsection 1.

Ê If there is no qualified person willing to be appointed or to fill a vacancy on the Commission from any region, the seat must be left vacant.

      3.  At the expiration of the term of a member who is appointed from outside a prescribed region pursuant to paragraph (a), (b) or (c) of subsection 2 or if that member vacates the seat, the Governor must appoint a qualified person from the prescribed region or, if no qualified person is willing to serve on the Commission from that region, appoint a qualified person pursuant to paragraph (a), (b) or (c) of subsection 2, as applicable.

      4.  The apportionment of members pursuant to subsection 1 is intended to give approximately proportional regional representation on the Commission to the residents of this State. In each regular legislative session following the completion of a decennial census conducted by the Bureau of the Census of the United States Department of Commerce, the apportionment of members on the Commission must be reconsidered to ensure approximately proportional regional representation is maintained.

      [3.  The southern district consists of all that portion of the State lying within the boundaries of the counties of Clark, Esmeralda, Lincoln and Nye.

      4.  The northern district consists of all that portion of the State lying within the boundaries of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.] Any reapportionment of a seat pursuant to this subsection does not become effective until the expiration of the term of the member who holds the seat immediately preceding the date of the reapportionment.

      Sec. 8.  Notwithstanding the amendatory provisions of this act, a member of the Real Estate Commission who was appointed pursuant to NRS 645.050 as that section existed on June 30, 2015, and who is serving a term on July 1, 2015, is, if the member is otherwise qualified to serve in that capacity, entitled to serve the remainder of the term to which he or she was appointed.

      Sec. 9.  This act becomes effective on July 1, 2015.

________

 

 


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ê2015 Statutes of Nevada, Page 2686ê

 

CHAPTER 461, AB 436

Assembly Bill No. 436–Committee on Ways and Means

 

CHAPTER 461

 

[Approved: June 9, 2015]

 

AN ACT relating to state employees; revising provisions relating to compensation of state employees to eliminate longevity pay for such employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for a plan to encourage continuity of service for state employees whereby each employee with 8 years or more of continuous state service is entitled to a semiannual payment which begins at $75 and increases annually after that for each year of continuous service to a maximum semiannual payment of $1,175 (referred to commonly as “longevity pay”). (NRS 284.177) Section 5 of this bill repeals that provision, but does not affect any longevity pay of local governmental employees, and sections 1 and 2 of this bill make conforming changes to reflect that repeal.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 281.123 is hereby amended to read as follows:

      281.123  1.  Except as otherwise provided in subsection 3 or NRS 281.1233, or as authorized by statute referring specifically to that position, the salary of a person employed by the State or any agency of the State must not exceed 95 percent of the salary for the office of Governor during the same period.

      2.  As used in subsection 1, the term “salary”:

      (a) Includes any:

             (1) Payment received by an employee for being available to work although the employee was not actually required to perform the work;

             (2) Increase in salary provided to compensate for a rise in the cost of living; and

             (3) [Payment received under a plan established to encourage continuity of service; and

             (4)] Payment received as compensation for purportedly performing additional duties.

      (b) Excludes any:

             (1) Payment received as compensation for overtime even if that payment is otherwise authorized by law; and

             (2) Rent or utilities supplied to an employee if the employee is required by statute or regulation to live in a particular dwelling.

      3.  The provisions of subsection 1 do not apply to the salaries of:

      (a) Dentists and physicians employed full-time by the State; or

      (b) Officers and employees of the Nevada System of Higher Education.

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

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

 


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ê2015 Statutes of Nevada, Page 2687 (Chapter 461, AB 436)ê

 

of Nevada, or employees of the Legislative Branch of the Government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this subsection includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave , [and longevity,] and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

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

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

      (a) Professionally qualified persons; or

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

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

      4.  The restrictions provided in subsections 2 and 3 do not apply to an employee of the Supreme Court, an employee of the Court of Appeals, an employee in the unclassified service of the Executive Branch of Government or an employee of the Legislative Branch of Government whose appointment to that position was immediately preceded by an appointment in the classified service, except that such an employee may only transfer to a position in the classified service that has duties and compensation that are similar either to the employee’s current position or to a position the employee previously held in the classified service.

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

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

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

      6.  An employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection 1 to transfer to a position having similar duties and compensation in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employee’s employment with the Legislative Branch of Government before that date. For the purposes of this section, the weekly compensation of a person paid a daily salary during a legislative session is seven times the daily salary.

 


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ê2015 Statutes of Nevada, Page 2688 (Chapter 461, AB 436)ê

 

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 5. NRS 284.177 and 284.179 are hereby repealed.

      Sec. 6.  This act becomes effective upon passage and approval.

________

CHAPTER 462, AB 438

Assembly Bill No. 438–Committee on Ways and Means

 

CHAPTER 462

 

[Approved: June 9, 2015]

 

AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for costs related to employee retirement buyouts, terminal leave payments and other termination-related costs for eliminated positions within the Intergovernmental All-Risk Fire Management Program of the Division; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $255,815 for employee retirement buyouts, terminal leave payments and other termination-related costs for eliminated positions within the Intergovernmental All-Risk Fire Management Program of the Division.

      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 Division of Forestry of 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 Division 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 upon passage and approval.

________

 


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ê2015 Statutes of Nevada, Page 2689ê

 

CHAPTER 463, AB 452

Assembly Bill No. 452–Committee on Taxation

 

CHAPTER 463

 

[Approved: June 9, 2015]

 

AN ACT relating to property taxes; revising provisions governing appeals of the assessment of property to county boards of equalization and the State Board of Equalization; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that under certain circumstances, the owner of real or personal property that is placed on the secured or unsecured tax roll may file an appeal concerning the assessment of the owner’s property with the county board of equalization or the State Board of Equalization. (NRS 361.356, 361.357, 361.360) Existing law further provides that if a person files such an appeal, on behalf of the owner of the property, the person filing the appeal must provide to the county board of equalization or the State Board of Equalization, as appropriate, written authorization from the owner of the property that authorizes the person to file the appeal. If the appeal is filed in a timely manner without the written authorization, the person filing the appeal may provide the written authorization within 48 hours after the deadline for filing the appeal. (NRS 361.362)

      Section 1 of this bill specifically provides that for the purposes of appeals to a county board of equalization or the State Board of Equalization, the term “owner” includes a person who owns or controls taxable property or possesses in its entirety taxable property.

      Section 2 of this bill provides that the written authorization to file an appeal on behalf of an owner of property may be signed by: (1) the owner; or (2) an employee of the owner or of an affiliate of the owner who is acting within the scope of his or her employment. Section 2 further provides that if there is an objection to the written authorization provided by the person who filed the appeal, written notice of the objection must be given to the person who filed the appeal and that person may submit documentation to cure the objection within 5 business days after receipt of the notice.

 

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 361.334 is hereby amended to read as follows:

      361.334  As used in NRS 361.334 to 361.435, inclusive:

      1.  The term “owner” includes a person who owns or controls taxable property or possesses in its entirety taxable property.

      2.  The term “property” includes a leasehold interest, possessory interest, beneficial interest or beneficial use of a lessee or user of property which is taxable pursuant to NRS 361.157 or 361.159.

 

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 2690 (Chapter 463, AB 452)ê

 

      [2.]3.  Where the term “property” is read to mean a taxable leasehold interest, possessory interest, beneficial interest or beneficial use of a lessee or user of property, the term “owner” used in conjunction therewith must be interpreted to mean the lessee or user of the property.

      Sec. 2. NRS 361.362 is hereby amended to read as follows:

      361.362  1.  Except as otherwise provided in this section, at the time that a person files an appeal pursuant to NRS 361.356, 361.357 or 361.360 on behalf of the owner of a property, the person shall provide to the county board of equalization or the State Board of Equalization, as appropriate, written authorization from the owner of the property that authorizes the person to file the appeal concerning the assessment that was made. The written authorization required by this subsection may be signed by:

      (a) The owner; or

      (b) A person employed by the owner or an affiliate of the owner who is acting within the scope of his or her employment.

      2.  If [the] a person files the appeal in a timely manner without the written authorization required by [this section,] subsection 1, the person may provide that written authorization within 48 hours after the last day allowed for filing the appeal.

      3.  If there is an objection to a written authorization provided pursuant to subsection 1, written notice specifying the grounds for the objection must be given to the person filing the appeal by the assessor:

      (a) By certified mail; or

      (b) If the person filing the appeal provided his or her electronic mail address on the form on which the appeal was filed, by electronic mail to the electronic mail address provided on that form.

      4.  If the person filing the appeal submits documentation necessary to cure the objection described in subsection 3 within 5 business days after receipt of the notice, the appeal must be deemed to be filed in a timely manner.

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

________

CHAPTER 464, AB 488

Assembly Bill No. 488–Committee on Judiciary

 

CHAPTER 464

 

[Approved: June 9, 2015]

 

AN ACT relating to statutes; making technical corrections to certain measures passed by the 78th Legislative Session; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill makes technical corrections to certain legislative measures which were previously passed this session. Existing law requires the Department of Public Safety to prepare annually a list of states that have: (1) requirements for the issuance of a permit to carry a concealed firearm that are substantially similar to or more stringent than the requirements set forth in this State; and (2) an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm by that state and which a law enforcement officer in this State may access at all times.

 


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ê2015 Statutes of Nevada, Page 2691 (Chapter 464, AB 488)ê

 

identifies each individual who possesses a valid permit to carry a concealed firearm by that state and which a law enforcement officer in this State may access at all times. (NRS 202.3689) Section 4.5 of Senate Bill No. 175 instead requires the Department to determine whether each state requires a person to complete any training, class or program for purposes of preparing the list. Section 1 of this bill amends section 4.5 of Senate Bill No. 175 to remove the requirement that the Nevada Sheriffs’ and Chiefs’ Association must agree with the Department’s inclusion of a state in the list.

      Sections 2-4 of this bill amend Senate Bill No. 240 to resolve a potential conflict with Senate Bill No. 175. Sections 2-4: (1) amend several sections of Senate Bill No. 240 to make those sections identical to the corresponding sections in Senate Bill No. 175; and (2) provide that a person who is adversely affected by the enforcement of an ordinance or regulation, which is inconsistent with the rights and powers of the Legislature to regulate certain provisions relating to firearms, on or after October 1, 2015, may file suit in the appropriate court for declarative and injunctive relief and damages.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 4.5 of Senate Bill No. 175 of this session is hereby amended to read as follows:

       Sec. 4.5.  NRS 202.3689 is hereby amended to read as follows:

       202.3689  1.  On or before July 1 of each year, the Department shall:

       (a) Determine whether each state requires a person to complete any training, class or program before the issuance of a permit to carry a concealed firearm in that state.

       (b) Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.

       (c) Prepare a list of states that meet the requirements of paragraphs (a) and (b). [A state must not be included in the list unless the Nevada Sheriffs’ and Chiefs’ Association agrees with the Department that the state should be included in the list.]

       (d) Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.

       2.  The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.

      Sec. 2. Section 16.3 of Senate Bill No. 240 of this session is hereby amended to read as follows:

       Sec. 16.3.  NRS 244.364 is hereby amended to read as follows:

       244.364  1.  The Legislature hereby declares that:

       (a) The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms, which is recognized by the United States Constitution and the Nevada Constitution.

       (b) The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.

 


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ê2015 Statutes of Nevada, Page 2692 (Chapter 464, AB 488)ê

 

of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.

       (c) This section must be liberally construed to effectuate its purpose.

       2.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in Nevada and to define such terms. No county may infringe upon those rights and powers.

       3.  A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.

       4.  Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a county in violation of this section is void.

       5.  A board of county commissioners shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the county must be removed.

       6.  A board of county commissioners shall cause to be destroyed any ownership records of firearms owned by private persons which are kept or maintained by the county or any county agency, board or commission, including, without limitation, any law enforcement agency, for the purposes of compliance with any ordinance or regulation that is inconsistent with this section. The provisions of this subsection do not apply to the ownership records of firearms purchased and owned by any political subdivision of this State.

       7.  Any person who is adversely affected by the enforcement of an ordinance or regulation that violates this section on or after [the effective date of this section] October 1, 2015, may file suit in the appropriate court for declarative and injunctive relief and damages attributable to the violation. Notwithstanding any other provision of law, such a person is entitled to:

       (a) Reimbursement of actual damages, reasonable attorney’s fees and costs which the person has incurred if, within 30 days after the person commenced the action but before a final determination has been issued by the court, the board of county commissioners repeals the ordinance or regulation that violates this section.

       (b) Liquidated damages in an amount equal to two times the actual damages, reasonable attorney’s fees and costs incurred by the person if, more than 30 days after the person commenced the action but before a final determination has been issued by the court, the board of county commissioners repeals the ordinance or regulation that violates this section.

       (c) Liquidated damages in an amount equal to three times the actual damages, reasonable attorney’s fees and costs incurred by the person if the court makes a final determination in favor of the person.

       8.  This section must not be construed to prevent:

 


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ê2015 Statutes of Nevada, Page 2693 (Chapter 464, AB 488)ê

 

       (a) A law enforcement agency or correctional institution from promulgating and enforcing its own rules pertaining to firearms, firearm accessories or ammunition that are issued to or used by peace officers in the course of their official duties.

       (b) A court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within its jurisdiction.

       (c) A public employer from regulating or prohibiting the carrying or possession of firearms, firearm accessories or ammunition during or in the course of an employee’s official duties.

       (d) The enactment or enforcement of a county zoning or business ordinance which is generally applicable to businesses within the county and thereby affects a firearms business within the county, including, without limitation, an indoor or outdoor shooting range.

       (e) A county from enacting and enforcing rules for the operation and use of any firearm range owned and operated by the county.

       (f) A political subdivision from sponsoring or conducting a firearm-related competition or educational or cultural program and enacting and enforcing rules for participation in or attendance at any such competition or program.

       (g) A political subdivision or any official thereof with appropriate authority from enforcing any statute of this State.

       9.  As used in this section:

       (a) “Ammunition” includes, without limitation, fixed cartridge ammunition and the individual components thereof, shotgun shells and the individual components thereof, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.

       (b) “Firearm” includes, without limitation, a pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, muzzle-loading firearm or any device which is designed to, able to or able to be readily converted to expel a projectile through the barrel by the action of an explosive, other form of combustion or expanding gases.

       (c) “Firearm accessories” means:

             (1) Devices specifically designed or adapted to enable the wearing or carrying of a firearm or the storing in or mounting on a conveyance of a firearm; or

             (2) Attachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm.

       (d) “Person” includes, without limitation:

             (1) Any person who has standing to bring or maintain an action concerning this section pursuant to the laws of this State.

             (2) Any person who:

                   (I) Can legally possess a firearm under state and federal law;

                   (II) Owns, possesses, stores, transports, carries or transfers firearms, ammunition or ammunition components within a county; and

                   (III) Is subject to the county ordinance or regulation at issue.

 


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ê2015 Statutes of Nevada, Page 2694 (Chapter 464, AB 488)ê

 

             (3) A membership organization whose members include a person described in subparagraphs (1) and (2) and which is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its members.

       (e) “Political subdivision” includes, without limitation, a state agency, county, city, town or school district.

       (f) “Public employer” has the meaning ascribed to it in NRS 286.070.

      Sec. 3. Section 16.5 of Senate Bill No. 240 of this session is hereby amended to read as follows:

       Sec. 16.5.  NRS 268.418 is hereby amended to read as follows:

       268.418  1.  The Legislature hereby declares that:

       (a) The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to bear arms, which is recognized by the United States Constitution and the Nevada Constitution.

       (b) The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.

       (c) This section must be liberally construed to effectuate its purpose.

       2.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in Nevada and to define such terms. No city may infringe upon those rights and powers.

       3.  The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

       4.  Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a city in violation of this section is void.

       5.  The governing body of a city shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the city must be removed.

       6.  The governing body of a city shall cause to be destroyed any ownership records of firearms owned by private persons which are kept or maintained by the city or any city agency, board or commission, including, without limitation, any law enforcement agency, for the purposes of compliance with any ordinance or regulation that is inconsistent with this section. The provisions of this subsection do not apply to the ownership records of firearms purchased and owned by any political subdivision of this State.

 


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ê2015 Statutes of Nevada, Page 2695 (Chapter 464, AB 488)ê

 

       7.  Any person who is adversely affected by the enforcement of an ordinance or regulation that violates this section on or after [the effective date of this section] October 1, 2015, may file suit in the appropriate court for declarative and injunctive relief and damages attributable to the violation. Notwithstanding any other provision of law, such a person is entitled to:

       (a) Reimbursement of actual damages, reasonable attorney’s fees and costs which the person has incurred if, within 30 days after the person commenced the action but before a final determination has been issued by the court, the governing body of the city repeals the ordinance or regulation that violates this section.

       (b) Liquidated damages in an amount equal to two times the actual damages, reasonable attorney’s fees and costs incurred by the person if, more than 30 days after the person commenced the action but before a final determination has been issued by the court, the governing body of the city repeals the ordinance or regulation that violates this section.

       (c) Liquidated damages in an amount equal to three times the actual damages, reasonable attorney’s fees and costs incurred by the person if the court makes a final determination in favor of the person.

       8.  This section must not be construed to prevent:

       (a) A law enforcement agency or correctional institution from promulgating and enforcing its own rules pertaining to firearms, firearm accessories or ammunition that are issued to or used by peace officers in the course of their official duties.

       (b) A court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within its jurisdiction.

       (c) A public employer from regulating or prohibiting the carrying or possession of firearms, firearm accessories or ammunition during or in the course of an employee’s official duties.

       (d) The enactment or enforcement of a city zoning or business ordinance which is generally applicable to businesses within the city and thereby affects a firearms business within the city, including, without limitation, an indoor or outdoor shooting range.

       (e) A city from enacting and enforcing rules for the operation and use of any firearm range owned and operated by the city.

       (f) A political subdivision from sponsoring or conducting a firearm-related competition or educational or cultural program and enacting and enforcing rules for participation in or attendance at any such competition or program.

       (g) A political subdivision or any official thereof with appropriate authority from enforcing any statute of this State.

       9.  As used in this section:

       (a) “Ammunition” includes, without limitation, fixed cartridge ammunition and the individual components thereof, shotgun shells and the individual components thereof, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.

       (b) “Firearm” includes, without limitation, a pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, muzzle-loading firearm or any device which is designed to, able to or able to be readily converted to expel a projectile through the barrel by the action of an explosive, other form of combustion or expanding gases.

 


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ê2015 Statutes of Nevada, Page 2696 (Chapter 464, AB 488)ê

 

able to be readily converted to expel a projectile through the barrel by the action of an explosive, other form of combustion or expanding gases.

       (c) “Firearm accessories” means:

             (1) Devices specifically designed or adapted to enable the wearing or carrying of a firearm or the storing in or mounting on a conveyance of a firearm; or

             (2) Attachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm.

       (d) “Person” includes, without limitation:

             (1) Any person who has standing to bring or maintain an action concerning this section pursuant to the laws of this State.

             (2) Any person who:

                   (I) Can legally possess a firearm under state and federal law;

                   (II) Owns, possesses, stores, transports, carries or transfers firearms, ammunition or ammunition components within a city; and

                   (III) Is subject to the city ordinance or regulation at issue.

             (3) A membership organization whose members include a person described in subparagraphs (1) and (2) and which is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its members.

       (e) “Political subdivision” includes, without limitation, a state agency, county, city, town or school district.

       (f) “Public employer” has the meaning ascribed to it in NRS 286.070.

      Sec. 4. Section 16.7 of Senate Bill No. 240 of this session is hereby amended to read as follows:

       Sec. 16.7.  NRS 269.222 is hereby amended to read as follows:

       269.222  1.  The Legislature hereby declares that:

       (a) The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms, which is recognized by the United States Constitution and the Nevada Constitution.

       (b) The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.

       (c) This section must be liberally construed to effectuate its purpose.

       2.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in Nevada and to define such terms. No town may infringe upon those rights and powers.

 


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       3.  A town board may proscribe by ordinance or regulation the unsafe discharge of firearms.

       4.  Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a town in violation of this section is void.

       5.  A town board shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the town must be removed.

       6.  A town board shall cause to be destroyed any ownership records of firearms owned by private persons which are kept or maintained by the town or any town agency, board or commission, including, without limitation, any law enforcement agency, for the purposes of compliance with any ordinance or regulation that is inconsistent with this section. The provisions of this subsection do not apply to the ownership records of firearms purchased and owned by any political subdivision of this State.

       7.  Any person who is adversely affected by the enforcement of an ordinance or regulation that violates this section on or after [the effective date of this section] October 1, 2015, may file suit in the appropriate court for declarative and injunctive relief and damages attributable to the violation. Notwithstanding any other provision of law, such a person is entitled to:

       (a) Reimbursement of actual damages, reasonable attorney’s fees and costs which the person has incurred if, within 30 days after the person commenced the action but before a final determination has been issued by the court, the town board repeals the ordinance or regulation that violates this section.

       (b) Liquidated damages in an amount equal to two times the actual damages, reasonable attorney’s fees and costs incurred by the person if, more than 30 days after the person commenced the action but before a final determination has been issued by the court, the town board repeals the ordinance or regulation that violates this section.

       (c) Liquidated damages in an amount equal to three times the actual damages, reasonable attorney’s fees and costs incurred by the person if the court makes a final determination in favor of the person.

       8.  This section must not be construed to prevent:

       (a) A law enforcement agency or correctional institution from promulgating and enforcing its own rules pertaining to firearms, firearm accessories or ammunition that are issued to or used by peace officers in the course of their official duties.

       (b) A court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within its jurisdiction.

       (c) A public employer from regulating or prohibiting the carrying or possession of firearms, firearm accessories or ammunition during or in the course of an employee’s official duties.

       (d) The enactment of enforcement of a town zoning or business ordinance which is generally applicable to businesses within the town and thereby affects a firearms business within the town, including, without limitation, an indoor or outdoor shooting range.

 


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and thereby affects a firearms business within the town, including, without limitation, an indoor or outdoor shooting range.

       (e) A town from enacting and enforcing rules for the operation and use of any firearm range owned and operated by the town.

       (f) A political subdivision from sponsoring or conducting a firearm-related competition or educational or cultural program and enacting and enforcing rules for participation in or attendance at any such competition or program.

       (g) A political subdivision or any official thereof with appropriate authority from enforcing any statute of this State.

       9.  As used in this section:

       (a) “Ammunition” includes, without limitation, fixed cartridge ammunition and the individual components thereof, shotgun shells and the individual components thereof, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.

       (b) “Firearm” includes, without limitation, a pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, muzzle-loading firearm or any device which is designed to, able to or able to be readily converted to expel a projectile through the barrel by the action of an explosive, other form of combustion or expanding gases.

       (c) “Firearm accessories” means:

             (1) Devices specifically designed or adapted to enable the wearing or carrying of a firearm or the storing in or mounting on a conveyance of a firearm; or

             (2) Attachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm.

       (d) “Person” includes, without limitation:

             (1) Any person who has standing to bring or maintain an action concerning this section pursuant to the laws of this State.

             (2) Any person who:

                   (I) Can legally possess a firearm under state and federal law;

                   (II) Owns, possesses, stores, transports, carries or transfers firearms, ammunition or ammunition components within a town; and

                   (III) Is subject to the town ordinance or regulation at issue.

             (3) A membership organization whose members include a person described in subparagraphs (1) and (2) and which is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its members.

       (e) “Political subdivision” includes, without limitation, a state agency, county, city, town or school district.

       (f) “Public employer” has the meaning ascribed to it in NRS 286.070.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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ê2015 Statutes of Nevada, Page 2699 (Chapter 464, AB 488)ê

 

EMERGENCY REQUEST of Speaker of the Assembly

 

CHAPTER 465, AB 493

Assembly Bill No. 493–Assemblyman Hambrick

 

CHAPTER 465

 

[Approved: June 9, 2015]

 

AN ACT relating to incorporated cities; authorizing the governing body of an incorporated city to exercise powers necessary or proper to address matters of local concern for the effective operation of city 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. 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, the governing body of an incorporated city is authorized to exercise only those powers which are expressly granted to the governing body and those powers which are necessarily implied to carry out the express powers of the governing body. (Ronnow v. City of Las Vegas, 57 Nev. 332, 341-43 (1937))

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

      Section 6 defines the term “matter of local concern” as any matter that primarily affects or impacts areas located in the incorporated city, or persons who reside, work, visit or are otherwise present in areas located in the city, and that does not have a significant effect or impact on areas located in other cities or 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 governing body so that if there is any fair or reasonable doubt concerning the existence of a power of the governing body to address a matter of local concern, it must be presumed that the governing body has the power unless the presumption is rebutted by evidence of a contrary intent by the Legislature.

 


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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 the governing body of an incorporated city; or (2) any powers other than those powers necessary or proper to address matters of local concern for the effective operation of city government.

      Section 8 of this bill provides that during the 2015-2017 interim between regular legislative sessions, the Nevada League of Cities shall: (1) obtain information regarding the implementation of the provisions of this bill from each governing body of an incorporated city in this State; 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 268 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 the governing body of an incorporated city 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. 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 city government, Dillon’s Rule provides that the governing body of an incorporated city possesses and may exercise only the following powers and no others:

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

      (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 city 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 governing body of an incorporated city 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 city 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 the governing body of an incorporated city from taking appropriate actions that are necessary or proper to address matters of local concern for the effective operation of city government and thereby impedes the governing body from responding to and serving the needs of local citizens diligently, decisively and effectively.

 


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      6.  To provide the governing body of an incorporated city with the appropriate authority to address matters of local concern for the effective operation of city government, the provisions of sections 2 to 7, inclusive, of this act:

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

      (b) Modify Dillon’s Rule as applied to the governing body of an incorporated city so that if there is any fair or reasonable doubt concerning the existence of a power of the governing body to address a matter of local concern, it must be presumed that the governing body 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 the governing body of an incorporated city; or

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

      Sec. 3. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 4. “City government” means any public body, agency, bureau, board, commission, department, division, office or other unit of city government, or any officer or employee thereof, within the jurisdiction of the governing body of an incorporated city.

      Sec. 5. “Incorporated city” or “city” means a city organized pursuant to the provisions of chapter 266 of NRS or incorporated pursuant to a special charter.

      Sec. 6. 1.  “Matter of local concern” means any matter that:

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

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

      (c) Nuisances and graffiti in the city.

      (d) Outdoor assemblies in the city.

      (e) Contracts and purchasing by city government.

 


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

      (g) Any public property, buildings, lands, utilities and other public works owned, leased, operated, managed or controlled by city 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.

      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, the governing body of an incorporated city has:

      (a) All powers expressly granted to the governing body;

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

      (c) All other powers necessary or proper to address matters of local concern for the effective operation of city government, whether or not the powers are expressly granted to the governing body. If there is any fair or reasonable doubt concerning the existence of a power of the governing body to address a matter of local concern pursuant to this paragraph, it must be presumed that the governing body 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 or provision of a city charter requiring the governing body of an incorporated city to exercise a power set forth in subsection 1 in a specific manner, the governing body may exercise the power only in that specific manner, but if there is no constitutional or statutory provision or provision of city charter requiring the governing body to exercise the power in a specific manner, the governing body may adopt an ordinance prescribing a specific manner for exercising the power.

      3.  Except as expressly authorized by statute or city charter, the governing body of an incorporated city 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 city 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 city and another governmental entity.

      (d) Impose a tax.

      (e) Order or conduct an election.

      4.  Except as expressly authorized by statute or city charter or necessarily or fairly implied in or incident to powers expressly authorized by statute or city charter, the governing body of an incorporated city shall not:

 


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      (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. 8.  1.  During the 2015-2017 interim between the 78th and 79th Sessions of the Nevada Legislature, the Nevada League of Cities shall obtain information regarding the implementation of the provisions of sections 2 to 7, inclusive, of this act from each governing body of an incorporated city in this State, and each such governing body shall cooperate and work collaboratively with the Nevada League of Cities to provide that information.

      2.  On or before February 1, 2017, the Nevada League of Cities 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. 9.  This act becomes effective on July 1, 2015.

________

CHAPTER 466, SB 24

Senate Bill No. 24–Committee on Commerce, Labor and Energy

 

CHAPTER 466

 

[Approved: June 9, 2015]

 

AN ACT relating to unemployment compensation; authorizing certain members of the Nevada Army National Guard and Nevada Air National Guard to receive unemployment benefits under certain circumstances; authorizing the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to make certain information available to the Board of Regents of the University of Nevada and the Director of the Department; revising the manner in which certain claims of recipients of benefits for workers’ compensation are compared against claims for unemployment benefits to determine whether any simultaneous claiming of benefits has occurred; revising the manner in which a person who has received certain benefits or money may elect a base period; revising the period within which the Administrator may recover certain overpayments; expanding the circumstances under which a person may commit unemployment insurance fraud; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law excludes certain types of employment, including service as a member of the Nevada National Guard or Nevada Air National Guard, from the definition of “employment” for the purposes of qualifying for unemployment benefits. (NRS 612.115) Section 1 of this bill amends this definition to include members of the Nevada Army National Guard and Nevada Air National Guard who have been ordered to active duty under certain circumstances.

      Existing law calls for the development and oversight of a statewide longitudinal data system to track the effectiveness of this State’s K-12 and postsecondary public education in meeting this State’s workforce needs. (NRS 400.040) As part of this system, the Board of Regents of the University of Nevada is required to submit a written report biennially to the Legislature, which must include information on various subjects including, without limitation, employment statistics of graduates of the Nevada System of Higher Education who have obtained employment within their fields of study and average starting salaries.

 


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ê2015 Statutes of Nevada, Page 2704 (Chapter 466, SB 24)ê

 

various subjects including, without limitation, employment statistics of graduates of the Nevada System of Higher Education who have obtained employment within their fields of study and average starting salaries. (NRS 396.531) This information must be based on employment and wage information provided by the Department of Employment, Training and Rehabilitation. Furthermore, the Director of the Department is required to furnish that information to the Board of Regents. (NRS 232.920) Existing law, however, makes employment information collected by the Employment Security Division of the Department confidential and prohibits the release of that information except for limited specified purposes, including the enforcement of child support obligations or tax obligations, the collection of government debts, the determination of eligibility for public assistance and the furtherance of a criminal investigation. (NRS 612.265)

      Section 1.5 of this bill allows the Administrator of the Division, by cooperative agreement, to make the required employment and wage information available to the Board of Regents and the Director of the Department in order to facilitate the required reporting of statistics to the Legislature.

      Existing law requires private carriers that provide industrial insurance to provide the names of recipients of workers’ compensation to the Administrator of the Employment Security Division of the Department to be compared against the list of recipients of unemployment benefits, to determine whether of those recipients are simultaneously claiming benefits for workers’ compensation and unemployment benefits. Existing law also authorizes the Administrator to charge a fee for comparing the information. (NRS 612.265)

      Section 1.5 makes providing such names the responsibility of the Division of Industrial Relations of the Department of Business and Industry. Section 1.5 also removes the authority of the Administrator to charge a fee for comparing the information.

      Existing law provides that the amount of a person’s unemployment benefit is based on the person’s wages during a base period preceding the unemployment. (NRS 612.340) If a person who has received certain types of compensation relating to a disability or rehabilitative services is subsequently applying for unemployment benefits, existing law provides that the person may elect a base period preceding the disability, so long as such an election is made within 3 years after the initial period of disability began. (NRS 612.344) Section 2 of this bill amends this requirement so that the election of a base period may be made within 3 years after any period of disability begins.

      Existing law authorizes the Administrator of the Division to recover any overpayment of benefits at any time up to 5 years after notice of the overpayment. (NRS 612.365) Section 3 of this bill extends this period to 10 years in cases involving fraud, misrepresentation or willful nondisclosure.

      Existing law prohibits a person from knowingly making a false statement or representation or knowingly failing to disclose a material fact in order to obtain or increase any benefit or other payment under chapter 612 of NRS governing unemployment compensation. A person who violates such a prohibition commits unemployment insurance fraud and is subject to disqualification and repayment of any benefits received by the person. If the person receives benefits in the amount of $650 or more the person is also subject to prosecution for a felony. (NRS 612.445) Section 4 of this bill expands the circumstances under which a person may commit unemployment insurance fraud by providing that the person commits such fraud if the person: (1) files a claim for or receives benefits; and (2) fails to disclose, at the time he or she files the claim or receives the benefits, any compensation for certain work-related disabilities or of any money for rehabilitative services received by the person or for which a claim has been submitted.

 

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