Link to Page 116

 

…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 117ê

 

CHAPTER 56, SB 77

Senate Bill No. 77–Senators Care and Amodei

 

Joint Sponsor: Assemblyman Horne

 

CHAPTER 56

 

AN ACT relating to support; amending the Uniform Interstate Family Support Act; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, Nevada has enacted the Uniform Interstate Family Support Act. (NRS 130.0902-130.802) The Uniform Act establishes the procedures and jurisdictional requirements regarding the issuance, enforcement and modification of interstate child-support and spousal-support orders. Because the United States Congress has made the enactment of the Uniform Interstate Family Support Act a condition for states to receive federal funding for child support enforcement efforts, every jurisdiction in the United States has enacted the Uniform Act. This bill amends the Uniform Act by reorganizing, updating and revising various provisions to ensure that Nevada law remains consistent with the law of those other jurisdictions.

      Section 4 of this bill clarifies existing provisions regarding discovery in interstate support proceedings involving a nonresident so that a tribunal of this State may receive evidence from, communicate with and obtain discovery through a tribunal of another state, including a foreign country whose support order is being recognized on the basis of comity.

      Section 5 of this bill moves existing provisions regarding modification and enforcement of interstate spousal-support orders to a separate section of the Uniform Act in recognition of the fact that spousal-support orders and child-support orders are subject to different procedures and standards concerning modification and enforcement.

      Section 6 of this bill authorizes a tribunal of this State with jurisdiction over the parties to modify an interstate support order issued by a tribunal of a foreign country if that tribunal is no longer willing or able to modify the order under the laws of the foreign country.

      Sections 7-54 of this bill revise and clarify various powers, duties and procedures under the Uniform Act, including: (1) how a party may register and seek enforcement of an interstate support order; (2) when a tribunal may exercise personal jurisdiction over a nonresident; (3) when a tribunal may exercise subject matter jurisdiction over an interstate support order issued by a tribunal of a foreign country; (4) when a tribunal must recognize an interstate support order as the controlling support order; (5) when a tribunal may modify or enforce an interstate support order; (6) when a tribunal may determine parentage in an interstate support proceeding; (7) when a tribunal may retain jurisdiction over an interstate support order after the parties have moved to other jurisdictions; (8) when a tribunal must protect identifying information; (9) when a party may challenge the jurisdiction of a tribunal or the validity of an interstate support order; and (10) when a support-enforcement agency must assist a party in the enforcement of an interstate support order.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 130 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government or governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 118 (Chapter 56, SB 77)ê

 

venture, government or governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

      Sec. 3.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 4.  A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter or under other law of this State relating to a support order or in a proceeding recognizing a support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state pursuant to NRS 130.316, communicate with a tribunal of another state pursuant to NRS 130.317 and obtain discovery through a tribunal of another state pursuant to NRS 130.318. In all other respects, NRS 130.301 to 130.701, inclusive, do not apply and the tribunal shall apply the procedural and substantive law of this State.

      Sec. 5.  1.  A tribunal of this State issuing a spousal-support order consistent with the law of this State has continuing and exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.

      2.  A tribunal of this State may not modify a spousal-support order issued by a tribunal of another state having continuing and exclusive jurisdiction over that order under the law of that state.

      3.  A tribunal of this State that has continuing and exclusive jurisdiction over a spousal-support order may serve as:

      (a) An initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this State; or

      (b) A responding tribunal to enforce or modify its own spousal-support order.

      Sec. 6.  1.  If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all natural persons subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the natural person pursuant to NRS 130.611 has been given or whether the natural person seeking modification is a resident of this State or of the foreign country or political subdivision.

      2.  An order issued pursuant to this section is the controlling order.

      Sec. 7.  NRS 130.035 is hereby amended to read as follows:

      130.035  1.  When the Attorney General is satisfied that reciprocal provisions will be made by any foreign [jurisdiction] country or political subdivision for the enforcement therein of support orders made within this State, the Attorney General may declare the foreign [jurisdiction] country or political subdivision to be a state for the purpose of this chapter. Any such declaration may be revoked by the Attorney General. The Attorney General may take appropriate action to provide notification of any such declaration or revocation.

      2.  As used in this section, “foreign [jurisdiction”] country or political subdivision” means a foreign sovereign nation or a political subdivision thereof.

      Sec. 8.  NRS 130.0904 is hereby amended to read as follows:

      130.0904  [The] In applying and construing the Uniform Interstate Family Support Act [must be applied and construed to effectuate its general purpose to make uniform] , consideration must be given to the need to promote uniformity of the law with respect to [the subject of that Act] its subject matter among states [enacting] that enact it.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 119 (Chapter 56, SB 77)ê

 

purpose to make uniform] , consideration must be given to the need to promote uniformity of the law with respect to [the subject of that Act] its subject matter among states [enacting] that enact it.

      Sec. 9.  NRS 130.10131 is hereby amended to read as follows:

      130.10131  “Initiating state” means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that [Act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support] Act.

      Sec. 10.  NRS 130.10167 is hereby amended to read as follows:

      130.10167  “Responding state” means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that [Act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support] Act.

      Sec. 11.  NRS 130.10179 is hereby amended to read as follows:

      130.10179  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes:

      1.  An Indian tribe; and

      2.  A foreign [jurisdiction] country or political subdivision that:

      (a) Has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures established under the Uniform Interstate Family Support [Act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support] Act;

      (b) Is declared to be a foreign reciprocating country or political subdivision pursuant to 42 U.S.C. § 659a; or

      (c) Is declared to be a state pursuant to NRS 130.035.

      Sec. 12.  NRS 130.10183 is hereby amended to read as follows:

      130.10183  “Support-enforcement agency” means a public official or agency authorized to [:

      1.  Seek the] seek:

      1.  The enforcement of support orders or laws relating to the duty of support;

      2.  [Seek the] The establishment or modification of child support;

      3.  [Seek a] A determination of parentage; [or

      4.  Locate]

      4.  The location of obligors or their assets [.] ; or

      5.  A determination of the controlling child-support order.

      Sec. 13.  NRS 130.10187 is hereby amended to read as follows:

      130.10187  “Support order” means a judgment, decree [or order,] , order or directive, whether temporary, final or subject to modification, issued by a tribunal for the benefit of a child, spouse or former spouse, which provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest, the withholding of income, attorney’s fees and other relief.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 120 (Chapter 56, SB 77)ê

 

      Sec. 14.  NRS 130.103 is hereby amended to read as follows:

      130.103  1.  Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law [.] , including the recognition of a support order of a foreign country or political subdivision on the basis of comity.

      2.  This chapter does not:

      (a) Provide the exclusive method of establishing or enforcing a support order under the law of this State; or

      (b) Grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.

      Sec. 15.  NRS 130.201 is hereby amended to read as follows:

      130.201  1.  In a proceeding to establish [, enforce or modify] or enforce a support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction over a nonresident if:

      [1.] (a) He is personally served with a summons or other notice of the proceeding within this State;

      [2.] (b) He submits to the jurisdiction of this State by consent [,] in a record, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

      [3.] (c) He resided with the child in this State;

      [4.] (d) He resided in this State and provided prenatal expenses or support for the child;

      [5.] (e) The child resides in this State as a result of the acts or directives of the nonresident;

      [6.] (f) He engaged in sexual intercourse in this State, and the child may have been conceived by that act of intercourse; or

      [7.] (g) There is any other basis consistent with the Constitution of this State and the Constitution of the United States for the exercise of personal jurisdiction.

      2.  The bases of personal jurisdiction set forth in subsection 1 or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of the State to modify a child support order of another state unless the requirements of NRS 130.611 or section 6 of this act are met.

      Sec. 16.  NRS 130.202 is hereby amended to read as follows:

      130.202  [A] Personal jurisdiction acquired by a tribunal of this State [exercising personal jurisdiction over a nonresident under NRS 130.201 may apply NRS 130.316 to receive evidence from another state and NRS 130.318 to obtain discovery through a tribunal of another state. In all other respects, NRS 130.301 to 130.701, inclusive, do not apply and the tribunal shall apply the procedural and substantive law of this State, including the rules on choice of law other than those established by this chapter.] in a proceeding under this chapter or other law of this State relating to a support order continues as long as a tribunal of this State has continuing and exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by NRS 130.205 and 130.206 and section 5 of this act.

      Sec. 17.  NRS 130.205 is hereby amended to read as follows:

      130.205  1.  A tribunal of this State [issuing a support] that has issued a child-support order consistent with the law of this State has and shall exercise continuing and exclusive jurisdiction [over a] to modify its child-support order [:] if the order is the controlling order and:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 121 (Chapter 56, SB 77)ê

 

      (a) [As long as this State remains] At the time of the filing of a request for modification, this State is the residence of the obligor, the [individual] obligee who is a natural person or the child for whose benefit the support order is issued; or

      (b) [Until all of the parties who are natural persons have filed written consents with the tribunal of this State for a tribunal of another state to modify the order and assume continuing and exclusive jurisdiction.] Even if this State is not the residence of the obligor, the obligee who is a natural person or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.

      2.  A tribunal of this State [issuing] that has issued a child-support order consistent with the law of this State may not exercise [its] continuing and exclusive jurisdiction to modify [the] its child-support order if [the order has been modified by a tribunal of another state pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act.

      3.  If a child-support order of this State is modified by a tribunal of another state pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act, a tribunal of this State loses its continuing and exclusive jurisdiction with regard to prospective enforcement of the order issued in this State and may only:

      (a) Enforce the order that was modified as to amounts accruing before the modification;

      (b) Enforce aspects of that order that may not be modified; and

      (c) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

      4.  A tribunal of this State shall recognize the continuing and exclusive jurisdiction of] :

      (a) All of the parties who are natural persons file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is a natural person or that is located in the state of residence of the child may modify the order and assume continuing and exclusive jurisdiction; or

      (b) Its order is not the controlling order.

      3.  If a tribunal of another state [that] has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act [.] which modifies a child-support order of a tribunal of this State, tribunals of this State shall recognize the continuing and exclusive jurisdiction of the tribunal of the other state.

      4.  A tribunal of this State that lacks continuing and exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

      5.  A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing and exclusive jurisdiction in the issuing tribunal.

      [6.  A tribunal of this State issuing a support order consistent with the law of this State has continuing and exclusive jurisdiction over a spousal-support order throughout the existence of the support obligation. A tribunal of this State may not modify a spousal-support order issued by a tribunal of another state having continuing and exclusive jurisdiction over that order under the law of that state.]

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 122 (Chapter 56, SB 77)ê

 

      Sec. 18.  NRS 130.206 is hereby amended to read as follows:

      130.206  1.  A tribunal of this State that has issued a child-support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce [or modify a support order issued in that state.] :

      (a) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

      (b) A money judgment for arrears of support and interest on the order accrued before a determination that an order of another state is the controlling order.

      2.  A tribunal of this State having continuing [and exclusive] jurisdiction over a support order may act as a responding tribunal to enforce [or modify] the order. [If a party subject to the continuing and exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply NRS 130.316 to receive evidence from another state and NRS 130.318 to obtain discovery through a tribunal of another state.

      3.  A tribunal of this State which lacks continuing and exclusive jurisdiction over a spousal-support order may not serve as a responding tribunal to modify a spousal-support order of another state.]

      Sec. 19.  NRS 130.207 is hereby amended to read as follows:

      130.207  1.  If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be so recognized.

      2.  If a proceeding is brought under this chapter and two or more child-support orders have been issued by tribunals of this State or another state with regard to the same obligor and same child, a tribunal of this State having personal jurisdiction over both the obligor and obligee who is a natural person shall apply the following rules [in determining] and by order shall determine which child-support order [to recognize for purposes of continuing and exclusive jurisdiction:] controls:

      (a) If only one of the tribunals would have continuing and exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized.

      (b) If more than one of the tribunals would have continuing and exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child controls , [and must be so recognized,] but if an order has not been issued in the current home state of the child, the order most recently issued controls . [and must be so recognized.]

      (c) If none of the tribunals would have continuing and exclusive jurisdiction under this chapter, the tribunal of this State [having jurisdiction over the parties] shall issue a child-support order which controls . [and must be so recognized.]

      3.  If two or more child-support orders have been issued for the same obligor and same child [and if the obligor or the individual obligee resides in this State,] , upon request of a party [may request] who is a natural person or a support-enforcement agency, a tribunal of this State [to] having personal jurisdiction over both the obligor and the obligee who is a natural person shall determine which order controls [and must be so recognized] under subsection 2. The request [must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.]

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 123 (Chapter 56, SB 77)ê

 

may be filed with a registration for enforcement or registration for modification pursuant to NRS 130.601 to 130.614, inclusive, and section 6 of this act or may be filed as a separate proceeding.

      4.  A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

      5.  The tribunal that issued the controlling order under subsection 1, 2 or 3 [is the tribunal that] has continuing [and exclusive jurisdiction under NRS 130.205.

      5.] jurisdiction to the extent provided in NRS 130.205 or 130.206.

      6.  A tribunal of this State [which] that determines by order [the identity of] which is the controlling order under paragraph (a) or (b) of subsection 2 or [which] subsection 3 or that issues a new controlling order under paragraph (c) of subsection 2 shall state in that order [the] :

      (a) The basis upon which the tribunal made its determination [.

      6.] ;

      (b) The amount of prospective support, if any; and

      (c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by NRS 130.209.

      7.  Within 90 days after issuance of an order determining [the identity of] which is the controlling order, the party obtaining the order shall file a certified copy of it [with] in each tribunal that issued or registered an earlier order of child support. A party [who obtains] or support-enforcement agency obtaining the order [and] that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

      8.  An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.

      Sec. 20.  NRS 130.208 is hereby amended to read as follows:

      130.208  In responding to [multiple] registrations or petitions for the enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different [individual obligees,] obligees who are natural persons, at least one of which was issued by a tribunal of another state, a tribunal of this State shall enforce those orders in the same manner as if the [multiple] orders had been issued by a tribunal of this State.

      Sec. 21.  NRS 130.209 is hereby amended to read as follows:

      130.209  [Amounts collected and credited] A tribunal of this State shall credit amounts collected for a particular period pursuant to [a support] any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this or another state . [must be credited against the amounts accruing or accrued for the same period under a support order issued by a tribunal of this State.]

      Sec. 22.  NRS 130.301 is hereby amended to read as follows:

      130.301  1.  Except as otherwise provided in this chapter, NRS 130.301 to 130.319, inclusive, apply to all proceedings under the Uniform Interstate Family Support Act.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 124 (Chapter 56, SB 77)ê

 

      2.  [The Uniform Interstate Family Support Act provides for the following proceedings:

      (a) The establishment of an order for spousal support or child support pursuant to NRS 130.401;

      (b) The enforcement of a support order and income-withholding order of another state without registration pursuant to NRS 130.501 to 130.507, inclusive;

      (c) The registration of an order for spousal support or child support of another state for enforcement pursuant to NRS 130.601 to 130.614, inclusive;

      (d) The modification of an order for child support or spousal support issued by a tribunal of this State pursuant to NRS 130.203 to 130.206, inclusive;

      (e) The registration of an order for child support of another state for modification pursuant to NRS 130.601 to 130.614, inclusive;

      (f) The determination of parentage pursuant to NRS 130.701; and

      (g) The assertion of jurisdiction over nonresidents pursuant to NRS 130.201 and 130.202.

      3.  An individual] A petitioner who is a natural person or a support-enforcement agency may [commence] initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.

      Sec. 23.  NRS 130.303 is hereby amended to read as follows:

      130.303  Except as otherwise provided in this chapter, a responding tribunal of this State:

      1.  Shall apply the procedural and substantive law [, including the rules on choice of law,] generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and

      2.  Shall determine the duty of support and the amount payable in accordance with the law of this State.

      Sec. 24.  NRS 130.304 is hereby amended to read as follows:

      130.304  1.  Upon the filing of a petition authorized by this chapter, an initiating tribunal of this State shall forward [three copies of] the petition and its accompanying documents:

      (a) To the responding tribunal or appropriate support-enforcement agency in the responding state; or

      (b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

      2.  If [a responding state has not enacted the Uniform Interstate Family Support Act or a law or procedure substantially similar to that Act,] requested by the responding tribunal, a tribunal of this State [may] shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign [jurisdiction,] country or political subdivision, upon request the tribunal [may] shall specify the amount of support sought [and] , convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding state.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 125 (Chapter 56, SB 77)ê

 

      Sec. 25.  NRS 130.305 is hereby amended to read as follows:

      130.305  1.  When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection [3] 2 of NRS 130.301, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

      2.  A responding tribunal of this State, to the extent [otherwise authorized] not prohibited by other law, may do one or more of the following:

      (a) Issue or enforce a support order, modify a child-support order , determine the controlling child-support order or [render a judgment to] determine parentage;

      (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

      (c) Order the withholding of income;

      (d) Determine the amount of any arrearages and specify a method of payment;

      (e) Enforce orders by civil or criminal contempt, or both;

      (f) Set aside property for satisfaction of the support order;

      (g) Place liens and order execution on the obligor’s property;

      (h) Order an obligor to keep the tribunal informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

      (i) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

      (j) Order the obligor to seek appropriate employment by specified methods;

      (k) Award reasonable attorney’s fees and other fees and costs; and

      (l) Grant any other available remedy.

      3.  A responding tribunal of this State shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

      4.  A responding tribunal of this State may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

      5.  If a responding tribunal of this State issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

      6.  If requested to enforce a support order, arrears or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

      Sec. 26.  NRS 130.306 is hereby amended to read as follows:

      130.306  If a petition or comparable pleading is received by an inappropriate tribunal of this State, [it] the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this State or another state and notify the petitioner where and when the pleading was sent.

      Sec. 27.  NRS 130.307 is hereby amended to read as follows:

      130.307  1.  A support-enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this chapter.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 126 (Chapter 56, SB 77)ê

 

      2.  A support-enforcement agency of this State that is providing services to the petitioner [as appropriate] shall:

      (a) Take all steps necessary to enable an appropriate tribunal in this State or another state to obtain jurisdiction over the respondent;

      (b) Request an appropriate tribunal to set a date, time and place for a hearing;

      (c) Make a reasonable effort to obtain all relevant information, including information as to the income and property of the parties;

      (d) Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of [a written] notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;

      (e) Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of [a written] communication in a record from the respondent or his attorney, send a copy of the communication to the petitioner; and

      (f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

      3.  A support-enforcement agency of this State that requests registration of a child-support order in this State for enforcement or for modification shall make reasonable efforts:

      (a) To ensure that the order to be registered is the controlling order; or

      (b) If two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

      4.  A support-enforcement agency of this State that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

      5.  A support-enforcement agency of this State shall request a tribunal of this State to issue a child-support order and an income-withholding order that redirect payment of current support, arrears and interest if requested to do so by a support-enforcement agency of another state pursuant to a law similar to NRS 130.319.

      6.  This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support-enforcement agency or the attorney for the agency and the natural person being assisted by the agency.

      Sec. 28.  NRS 130.308 is hereby amended to read as follows:

      130.308  If the Attorney General determines that [the] a support-enforcement agency is neglecting or refusing to provide services to a natural person, the Attorney General may order the agency to perform its duties under this chapter or may provide those services directly to the person.

      Sec. 29.  NRS 130.310 is hereby amended to read as follows:

      130.310  1.  The central unit established pursuant to NRS 425.400 is the State Information Agency under this chapter.

      2.  The State Information Agency shall:

      (a) Compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this chapter and any support-enforcement agencies in this State and transmit a copy to the state information agency of every other state;

      (b) Maintain a register of names and addresses of tribunals and support-enforcement agencies received from other states;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 127 (Chapter 56, SB 77)ê

 

      (c) Forward to the appropriate tribunal in the [place] county in this State in which an [individual] obligee who is a natural person or obligor resides, or in which an obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and

      (d) Obtain information concerning the location of an obligor and the obligor’s property within this State that is not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers and examination of governmental records, including, to the extent not prohibited by other law, records relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses and social security.

      Sec. 30.  NRS 130.311 is hereby amended to read as follows:

      130.311  1.  [A] In a proceeding under this chapter, a petitioner seeking to establish [or modify] a support order , [or] to determine parentage [in a proceeding under this chapter must verify the] or to register and modify a support order of another state must file a petition. Unless otherwise ordered pursuant to NRS 130.312, the petition or accompanying documents must provide, so far as known, the name, residential address and social security number of the obligor and the obligee [,] or the parent and alleged parent, and the name, sex, residential address, social security number and date of birth of each child for [whom] whose benefit support is sought [. The] or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a [certified] copy of any support order [in effect.] known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

      2.  The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support-enforcement agency.

      Sec. 31.  NRS 130.312 is hereby amended to read as follows:

      130.312  [Upon a finding, which may be made ex parte,] If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be [unreasonably put at risk] jeopardized by the disclosure of specific identifying information, [or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying] that information must be sealed and may not be disclosed [in a pleading or other document filed in a proceeding under this chapter.] to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

      Sec. 32.  NRS 130.313 is hereby amended to read as follows:

      130.313  1.  Except as otherwise required pursuant to Section 16 of Article 6 of the Nevada Constitution, a petitioner must not be required to pay a filing fee or other costs.

      2.  If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney’s fees and other costs, expenses for necessary travel and other reasonable expenses incurred by the obligee and the witnesses of the obligee. The tribunal may not assess fees, costs or expenses against the obligee or the support-enforcement agency of either the initiating or the responding state, except as otherwise provided by other law.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 128 (Chapter 56, SB 77)ê

 

expenses against the obligee or the support-enforcement agency of either the initiating or the responding state, except as otherwise provided by other law. Attorney’s fees may be taxed as costs and may be ordered to be paid directly to the attorney, who may enforce the order in his own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

      3.  The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding pursuant to NRS 130.601 to 130.614, inclusive, and section 6 of this act, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. This presumption is subject to rebuttal.

      4.  All attorney’s fees and other costs and expenses awarded to and collected by a district attorney pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      Sec. 33.  NRS 130.314 is hereby amended to read as follows:

      130.314  1.  Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney or through services provided by [the] a support-enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

      2.  A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this chapter.

      3.  The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this State to participate in the proceeding.

      Sec. 34.  NRS 130.316 is hereby amended to read as follows:

      130.316  1.  The physical presence of a [petitioner in a responding] nonresident party who is a natural person in a tribunal of this State is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage.

      2.  [A verified petition, an] An affidavit, a document substantially complying with federally mandated forms [and] or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule in NRS 51.065 if given in person, is admissible in evidence if given under [oath] penalty of perjury by a party or witness residing in another state.

      3.  A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted therein and is admissible to show whether payments were made.

      4.  Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

      5.  Documentary evidence transmitted from another state to a tribunal of this State by telephone, telecopier or other means that do not provide an original [writing] record may not be excluded from evidence on an objection based on the means of transmission.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 129 (Chapter 56, SB 77)ê

 

      6.  In a proceeding under this chapter, a tribunal of this State [may] shall permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this State shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

      7.  In a civil proceeding under this chapter, if a party called to testify refuses to answer a question on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

      8.  A privilege against the disclosure of communications between husband and wife does not apply in a proceeding under this chapter.

      9.  The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

      10.  A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

      Sec. 35.  NRS 130.317 is hereby amended to read as follows:

      130.317  A tribunal of this State may communicate with a tribunal of another state or foreign country or political subdivision in [writing,] a record, or by telephone or other means, to obtain information concerning the laws of that state [,] or foreign country or political subdivision, the legal effect of a judgment, decree or order of that tribunal, and the status of a proceeding in the other state [.] or foreign country or political subdivision. A tribunal of this State may furnish similar information by similar means to a tribunal of another state [.] or foreign country or political subdivision.

      Sec. 36.  NRS 130.319 is hereby amended to read as follows:

      130.319  1.  A support-enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

      2.  If neither the obligor, nor the obligee who is a natural person, nor the child resides in this State, upon request from a support-enforcement agency of this State or another state, a tribunal of this State shall:

      (a) Direct that the support payment be made to the support-enforcement agency in the state in which the obligee is receiving services; and

      (b) Issue and send to the employer of the obligor a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

      3.  A support-enforcement agency of this State receiving redirected payments from another state pursuant to a law similar to subsection 2 shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

      Sec. 37.  NRS 130.401 is hereby amended to read as follows:

      130.401  1.  If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this State may issue a support order if:

      (a) The natural person seeking the order resides in another state; or

      (b) The support-enforcement agency seeking the order is located in another state.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 130 (Chapter 56, SB 77)ê

 

      2.  The tribunal may issue a temporary child-support order if [:

      (a) The respondent has signed a verified statement acknowledging parentage;

      (b) The respondent has been determined by or pursuant to law to be the parent; or

      (c) There is other clear and convincing evidence that the respondent is the parent of the child.] the tribunal determines that such an order is appropriate and the natural person ordered to pay is:

      (a) A presumed father of the child under subsection 1 of NRS 126.051;

      (b) Petitioning to have his paternity adjudicated;

      (c) Identified as the father of the child through genetic testing;

      (d) An alleged father who has declined to submit to genetic testing;

      (e) Shown by clear and convincing evidence to be the father of the child;

      (f) An acknowledged father as provided by NRS 126.053;

      (g) The mother of the child; or

      (h) A natural person who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

      3.  Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to NRS 130.305.

      Sec. 38.  NRS 130.501 is hereby amended to read as follows:

      130.501  An income-withholding order issued in another state may be sent by or on behalf of the obligee or by a support-enforcement agency to an employer of an obligor in this State without first filing a petition or comparable pleading or registering the order with a tribunal of this State.

      Sec. 39.  NRS 130.502 is hereby amended to read as follows:

      130.502  1.  Upon receipt of an income-withholding order, an employer of an obligor shall immediately provide a copy of the order to the obligor.

      2.  The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this State.

      3.  Except as otherwise provided in subsection 4 and NRS 130.503, the employer shall withhold and distribute the money as directed in the withholding order by complying with terms of the order which specify:

      (a) The duration and amount of periodic payments of current child support, stated as a sum certain;

      (b) The person [or agency] designated to receive payments and the address to which the payments are to be forwarded;

      (c) Requirements for medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;

      (d) The amount of periodic payments of fees and costs for a support-enforcement agency, the issuing tribunal and the obligee’s attorney, stated as sums certain; and

      (e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

      4.  An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

      (a) The employer’s fee for processing an income-withholding order;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 131 (Chapter 56, SB 77)ê

 

      (b) The maximum amount permitted to be withheld from the obligor’s income;

      (c) The times within which the employer must implement the withholding order and forward the child-support payment; and

      (d) Any terms or conditions of withholding not specified in the withholding order.

      Sec. 40.  NRS 130.503 is hereby amended to read as follows:

      130.503  If an employer of an obligor receives [multiple] two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the [multiple] orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for [multiple] two or more child-support obligees.

      Sec. 41.  NRS 130.506 is hereby amended to read as follows:

      130.506  1.  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by [requesting, within 15 days after he receives a copy of the order pursuant to NRS 130.502,] registering the order in a tribunal of this State [to conduct a hearing for that purpose.] and filing a contest to that order as provided in NRS 130.601 to 130.614, inclusive, and section 6 of this act or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State.

      2.  The obligor shall give notice of the contest to:

      (a) A support-enforcement agency providing services to the obligee;

      (b) Each employer that has directly received an income-withholding order [;] relating to the obligor; and

      (c) The person [or agency] designated to receive payments in the income-withholding order, or if no person [or agency] is designated, to the obligee.

      3.  The obligor has the burden of proving one or more of the following defenses:

      (a) The tribunal that issued the order lacked personal jurisdiction over the obligor;

      (b) The order was obtained by fraud;

      (c) The order has been vacated, suspended, stayed or modified by a later order; or

      (d) There is a mistake of fact as to the amount of the order or the identity of the obligor.

      4.  The provisions of NRS 130.604 apply to the contest. If the tribunal determines:

      (a) Any of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall issue an order to stay the withholding.

      (b) None of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall order the employer to proceed with the withholding, and may assess costs and attorney’s fees against the obligor.

      5.  The tribunal shall provide the parties and employer with notice of its decision within 45 days after the obligor received a copy of the order pursuant to NRS 130.502.

      Sec. 42.  NRS 130.507 is hereby amended to read as follows:

      130.507  1.  A party or support-enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support-enforcement agency of this State.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 132 (Chapter 56, SB 77)ê

 

tribunal of another state may send the documents required for registering the order to a support-enforcement agency of this State.

      2.  Upon receipt of the documents, the support-enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this State to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support-enforcement agency shall register the order pursuant to this chapter.

      Sec. 43.  NRS 130.601 is hereby amended to read as follows:

      130.601  A support order or [an] income-withholding order issued by a tribunal of another state may be registered in this State for enforcement.

      Sec. 44.  NRS 130.602 is hereby amended to read as follows:

      130.602  1.  A support order or income-withholding order of another state may be registered in this State by sending the following [documents] records and information to the [State Information Agency] appropriate tribunal in this State:

      (a) A letter of transmittal requesting registration and enforcement;

      (b) Two copies, including one certified copy, of [all orders] the order to be registered, including any modification of [an] the order;

      (c) A sworn statement by the [party seeking] person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

      (d) The name of the obligor and, if known:

             (1) The address and social security number of the obligor;

             (2) The name and address of the employer of the obligor and any other source of income of the obligor; and

             (3) A description and the location of property of the obligor in this State that is not exempt from execution; and

      (e) [The] Except as otherwise provided in NRS 130.312, the name and address of the obligee and, if applicable, the [agency or] person to whom support payments are to be remitted.

      2.  On receipt of a request for registration, the [State Information Agency] registering tribunal shall cause the order to be filed [with the registering tribunal] as a foreign judgment, together with one copy of the documents and information, regardless of their form.

      3.  A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

      4.  If two or more orders are in effect, the person requesting registration shall:

      (a) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

      (b) Specify the order alleged to be the controlling order, if any; and

      (c) Specify the amount of consolidated arrears, if any.

      5.  A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 133 (Chapter 56, SB 77)ê

 

      Sec. 45.  NRS 130.603 is hereby amended to read as follows:

      130.603  1.  A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this State.

      2.  A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.

      3.  Except as otherwise provided in NRS 130.601 to 130.614, inclusive, and section 6 of this act, a tribunal of this State shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

      Sec. 46.  NRS 130.604 is hereby amended to read as follows:

      130.604  1.  [The] Except as otherwise provided in subsection 4, the law of the issuing state governs [the] :

      (a) The nature, extent, amount and duration of current payments [and other obligations of support and the] under a registered support order;

      (b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order [.] ; and

      (c) The existence and satisfaction of other obligations under the support order.

      2.  In a proceeding for [arrearages,] arrears under a registered support order, the statute of limitation [under the law] of this State or of the issuing state, whichever is longer, applies.

      3.  A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state which is registered in this State.

      4.  After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.

      Sec. 47.  NRS 130.605 is hereby amended to read as follows:

      130.605  1.  When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party and a support-enforcement agency of this State. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

      2.  The notice must inform the nonregistering party:

      (a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this State;

      (b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the notice;

      (c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

      (d) Of the amount of any alleged arrearages.

      3.  If the registering party asserts that two or more orders are in effect, the notice must also:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 134 (Chapter 56, SB 77)ê

 

      (a) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

      (b) Notify the nonregistering party of the right to a determination of which is the controlling order;

      (c) State that the procedures provided in subsection 2 apply to the determination of which is the controlling order; and

      (d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

      4.  Upon registration of an income-withholding order for enforcement, the registering tribunal shall cause appropriate notice of the order to be provided to the employer of the obligor in accordance with chapter 31A of NRS.

      Sec. 48.  NRS 130.607 is hereby amended to read as follows:

      130.607  1.  A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

      (a) The issuing tribunal lacked personal jurisdiction over the contesting party;

      (b) The order was obtained by fraud;

      (c) The order has been vacated, suspended or modified by a later order;

      (d) The issuing tribunal has stayed the order pending appeal;

      (e) There is a defense under the law of this State to the remedy sought;

      (f) Full or partial payment has been made; [or]

      (g) The statute of limitation applicable pursuant to NRS 130.604 precludes enforcement of some or all of the alleged arrearages [.] ; or

      (h) The alleged controlling order is not the controlling order.

      2.  If a party presents evidence establishing a full or partial defense under subsection 1, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this State.

      3.  If the contesting party does not establish a defense under subsection 1 to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.

      Sec. 49.  NRS 130.610 is hereby amended to read as follows:

      130.610  A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered order may be modified only if the requirements of NRS 130.611 [or] , 130.613 or section 6 of this act have been met.

      Sec. 50.  NRS 130.611 is hereby amended to read as follows:

      130.611  1.  [After] If NRS 130.613 does not apply, except as otherwise provided in section 6 of this act, upon petition a tribunal of this State may modify a child-support order issued in another state [has been] which is registered in this State [, the responding tribunal of this State may modify that order only if NRS 130.613 does not apply and] if, after notice and hearing [it] , the tribunal finds that:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 135 (Chapter 56, SB 77)ê

 

      (a) The following requirements are met:

             (1) [The child, the individual obligee and] Neither the child, nor the obligee who is a natural person, nor the obligor [do not reside] resides in the issuing state;

             (2) A petitioner who is a nonresident of this State seeks modification; and

             (3) The respondent is subject to the personal jurisdiction of the tribunal of this State; or

      (b) [The] This State is the state of residence of the child, or a party who is a natural person [,] is subject to the personal jurisdiction of the tribunal of this State , and all of the parties who are natural persons have filed [written] consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing and exclusive jurisdiction . [over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures established by the Uniform Interstate Family Support Act, the consent otherwise required of a natural person residing in this State is not required for the tribunal to assume jurisdiction to modify the child-support order.]

      2.  Modification of a registered child-support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this State, and the order may be enforced and satisfied in the same manner.

      3.  [A] Except as otherwise provided in section 6 of this act, a tribunal of this State may not modify any aspect of a child-support order that may not be modified under the law of the issuing state [.] , including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under NRS 130.207 establishes the aspects of the support order which may not be modified.

      4.  In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.

      5.  On the issuance of an order by a tribunal of this State modifying a child-support order issued in another state, [a] the tribunal of this State becomes the tribunal having continuing and exclusive jurisdiction.

      Sec. 51.  NRS 130.612 is hereby amended to read as follows:

      130.612  [A] If a child-support order issued by a tribunal of this State [shall recognize a modification of its earlier child-support order] is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act [or a law substantially similar to that Act and, upon request, except as otherwise provided in this chapter, shall:

      1.  Enforce] , a tribunal of this State:

      1.  May enforce the order that was modified only as to [amounts] arrears and interest accruing before the modification;

      2.  [Enforce only aspects of that order that may not be modified;

      3.  Provide other] May provide appropriate relief [only] for violations of [that] its order which occurred before the effective date of the modification; and

      [4.  Recognize]

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 136 (Chapter 56, SB 77)ê

 

      3.  Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

      Sec. 52.  NRS 130.613 is hereby amended to read as follows:

      130.613  1.  If all of the parties who are natural persons reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the child-support order of the issuing state in a proceeding to register that order.

      2.  A tribunal of this State exercising jurisdiction under this section shall apply the provisions of NRS 130.0902 to 130.209, inclusive, and sections 4 and 5 of this act and 130.601 to 130.614, inclusive, and section 6 of this act and the procedural and substantive law of this State to the proceeding for enforcement or modification. The provisions of NRS 130.301 to 130.507, inclusive, and 130.701, 130.801 and 130.802 do not apply.

      Sec. 53.  NRS 130.701 is hereby amended to read as follows:

      130.701  [1.]  A tribunal of this State authorized to determine parentage of a child may serve as [an initiating or] a responding tribunal in a proceeding to determine parentage brought under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that Act . [, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

      2.  In a proceeding to determine parentage, a responding tribunal of this State shall apply the procedural and substantive law of this State and the rules of this State on choice of law.]

      Sec. 54.  NRS 130.802 is hereby amended to read as follows:

      130.802  1.  Before making a demand that the governor of another state surrender a natural person charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

      2.  If, under the Uniform Interstate Family Support Act or a law substantially similar to that Act, [the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act,] the governor of another state makes a demand that the Governor of this State surrender a natural person charged criminally in that state with having failed to provide for the support of a child or other natural person to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

      3.  If a proceeding for support has been initiated and the natural person whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the natural person whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the person is complying with the support order.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 137ê

 

CHAPTER 57, SB 88

Senate Bill No. 88–Committee on Judiciary

 

CHAPTER 57

 

AN ACT relating to records; adopting the Uniform Real Property Electronic Recording Act; requiring the Secretary of State to adopt certain regulations; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires a county recorder to receive, record and index certain documents. Such documents generally must be submitted to a county recorder as a paper document. Existing law also establishes the format for such documents, sets forth various procedures for submitting, recording and indexing such documents and requires a county recorder to charge and collect certain fees relating to such documents. (NRS 111.310-111.365, chapter 247 of NRS)

      This bill enacts the Uniform Real Property Electronic Recording Act, which gives each county recorder the option to receive, record, index, store, archive and transmit electronic documents in addition to paper documents. If a county recorder elects to receive and record electronic documents, the county recorder must follow the standards and practices adopted by the Secretary of State.

      Section 10 of this bill allows a person to submit an electronic document for recording only if the county recorder has elected to receive and record such documents in accordance with the Uniform Act.

      Section 11 of this bill provides that if a document is recordable in a paper format under existing law, an electronic document with the same content is also recordable if it satisfies the requirements of the Uniform Act. Further, if existing law requires a document to be signed before it can be recorded, an electronic signature satisfies that requirement.

      Section 12 of this bill sets forth the powers and duties of county recorders under the Uniform Act. County recorders are authorized to provide access to documents and information by electronic means, to convert paper documents and other information into electronic form and to accept fees electronically. County recorders are required to continue to accept paper documents as authorized by existing law and to place both types of documents in the same index.

      Section 13 of this bill requires the Secretary of State to adopt by regulation the standards and practices that a county recorder must follow if the county recorder elects to receive and record electronic documents.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  Sections 2 to 15, inclusive, of this act may be cited as the Uniform Real Property Electronic Recording Act.

      Sec. 3.  As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Document” means information that is:

      1.  Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

      2.  Eligible to be recorded in the records maintained by the county recorder.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 138 (Chapter 57, SB 88)ê

 

      Sec. 5.  “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      Sec. 6.  “Electronic document” means a document that is received by the county recorder in an electronic form.

      Sec. 7.  “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

      Sec. 8.  “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

      Sec. 9.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 10.  Sections 2 to 15, inclusive, of this act allow a person to submit an electronic document for recording with a county recorder only if the county recorder has elected to accept electronic documents for recording in accordance with the provisions of sections 2 to 15, inclusive, of this act.

      Sec. 11.  1.  If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying the provisions of sections 2 to 15, inclusive, of this act.

      2.  If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

      3.  A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.

      Sec. 12.  1.  As used in this section, “paper document” means a document that is received by the county recorder in a form that is not electronic.

      2.  A county recorder:

      (a) Who implements any of the functions listed in this section shall do so in compliance with standards established by the Secretary of State.

      (b) May receive, index, store, archive and transmit electronic documents.

      (c) May provide for access to, and for search and retrieval of, documents and information by electronic means.

      (d) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.

      (e) May convert paper documents accepted for recording into electronic form.

      (f) May convert into electronic form information recorded before the county recorder began to record electronic documents.

      (g) May accept electronically any fee or tax that the county recorder is authorized to collect.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 139 (Chapter 57, SB 88)ê

 

      (h) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

      Sec. 13.  1.  The Secretary of State shall adopt by regulation standards to implement the provisions of sections 2 to 15, inclusive, of this act.

      2.  To keep the standards and practices of county recorders in this State in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially the Uniform Real Property Electronic Recording Act and to keep the technology used by county recorders in this State compatible with technology used by recording offices in other jurisdictions that enact substantially the Uniform Real Property Electronic Recording Act, the Secretary of State, so far as is consistent with the purposes, policies and provisions of sections 2 to 15, inclusive, of this act, shall consider in adopting, amending and repealing the standards required by this section:

      (a) Standards and practices of other jurisdictions;

      (b) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;

      (c) The views of interested persons and governmental officials and entities;

      (d) The needs of counties of varying size, population and resources; and

      (e) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering.

      Sec. 14.  In applying and construing the Uniform Real Property Electronic Recording Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 15.  Sections 2 to 15, inclusive, of this act modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

      Sec. 16.  Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A county recorder may elect to accept electronic documents for recording in accordance with the provisions of sections 2 to 15, inclusive, of this act.

      2.  If a county recorder elects to accept electronic documents for recording and there is a conflict between the provisions of sections 2 to 15, inclusive, of this act and the provisions of this chapter, the provisions of sections 2 to 15, inclusive, of this act control.

      Sec. 17.  NRS 247.005 is hereby amended to read as follows:

      247.005  1.  As used in this chapter, unless the context otherwise requires, “document” means a written instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing, without regard to:

      [1.] (a) The form in which the document is received by a county recorder;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 140 (Chapter 57, SB 88)ê

 

      [2.] (b) The method used to transmit the document to a county recorder; or

      [3.] (c) The method used by a county recorder to store, access or retrieve the document.

      2.  If a county recorder elects to accept electronic documents for recording in accordance with the provisions of sections 2 to 15, inclusive, of this act, the term also includes an electronic document that satisfies the provisions of sections 2 to 15, inclusive, of this act.

      Sec. 18.  NRS 247.110 is hereby amended to read as follows:

      247.110  1.  When a document authorized, entitled or required by law to be recorded is deposited in the county recorder’s office for recording, the county recorder shall:

      (a) Endorse upon it the time when it was received, noting:

             (1) The year, month, day, hour and minute of its reception;

             (2) The document number; and

             (3) The amount of fees collected for recording the document.

      (b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

      (c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception and the name of the person at whose request it was recorded.

      (d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.

      2.  In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.

      3.  Except as otherwise provided in this section , [and] subsection 4 of NRS 247.305 [,] and sections 2 to 15, inclusive, of this act, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or must:

      (a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size.

      (b) Have a margin of 1 inch on the left and right sides and at the bottom of each page.

      (c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

      (d) Not be on sheets of paper that are bound together at the side, top or bottom.

      (e) Not contain printed material on more than one side of each page.

      (f) Not have any documents or other materials physically attached to the paper.

      (g) Not contain:

             (1) Colored markings to highlight text or any other part of the document;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 141 (Chapter 57, SB 88)ê

 

             (2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

             (3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or

             (4) More than 9 lines of text per vertical inch.

      4.  The provisions of subsection 3 do not apply to a document submitted for recording that has been filed with a court and which conforms to the formatting requirements established by the court.

      5.  A document is recorded when the information required pursuant to this section is placed on the document and is entered in the record of the county recorder.

________

 

CHAPTER 58, SB 121

Senate Bill No. 121–Senator Rhoads

 

CHAPTER 58

 

AN ACT relating to the City of Carlin; providing for the general municipal election to be held on the date for the state general election; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      The existing Charter of the City of Carlin provides that the general municipal election occurs on the Tuesday after the first Monday in June of odd-numbered years. (Carlin City Charter § 5.010) This bill amends the Charter to change the date for the general municipal election to coincide with the date for the state general election which is held in November of even-numbered years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.060 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as last amended by chapter 515, Statutes of Nevada 1997, at page 2449, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.  Except as otherwise provided in NRS 268.325:

       1.  A vacancy in the Board of Councilmen or in the office of Mayor must be filled by a majority vote of the members of the Board of Councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the Board before the vacancy occurs. In such a case, each member of the Board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       2.  No such appointment extends beyond the first Monday in [July] January after the next municipal election, at which election the [office] :

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 142 (Chapter 58, SB 121)ê

 

       (a) Office must be filled for the remaining unexpired term [.] ; or

       (b) Successor to the previously vacated seat will be selected,

Ê as appropriate.

      Sec. 2.  Section 2.010 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 203, is hereby amended to read as follows:

       Sec. 2.010  Board of Councilmen: Qualifications; election; term of office; salary.

       1.  The legislative power of the City is vested in a Board of Councilmen consisting of four Councilmen and a Mayor.

       2.  The Mayor and Councilmen [shall] must be:

       (a) Bona fide residents of the City for at least 2 years prior to their election.

       (b) Qualified electors within the City.

       3.  All Councilmen, including the Mayor, [shall] must be voted upon by the registered voters of the City at large and , except as otherwise provided in section 5.010, shall serve for terms of 4 years.

       4.  The Mayor and Councilmen first holding office under this Charter shall each receive a monthly salary of $35 during the terms for which they were elected, selected or appointed. Thereafter, subject to the provisions of subsection 5 of section 2.090, the Mayor and Councilmen shall receive a salary in an amount fixed by the Board of Councilmen.

      Sec. 3.  Section 5.010 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 615, is hereby amended to read as follows:

       Sec. 5.010  General municipal elections.

       1.  On the Tuesday after the [1st] first Monday in June [1973, and at each successive interval of 4 years thereafter,] 2007, there [shall] must be elected by the qualified voters of the City, at a general election to be held for that purpose, two Councilmen [who shall] , both of whom hold office [for a period of 4 years and] until their successors have been elected and qualified [.] pursuant to subsection 3.

       2.  On the Tuesday after the [1st] first Monday in June [1975, and at each successive interval of 4 years thereafter,] 2007, there [shall] must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and two Councilmen, [who shall] all of whom hold office [for a period of 4 years and] until their successors have been elected and qualified [.] pursuant to subsection 4.

       3.  On the Tuesday after the first Monday in November 2008, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, two Councilmen, both of whom hold office for a period of 4 years and until their successors have been elected and qualified.

       4.  On the Tuesday after the first Monday in November 2010, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and two Councilmen, all of whom hold office for a period of 4 years and until their successors have been elected and qualified.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 143 (Chapter 58, SB 121)ê

 

held for that purpose, a Mayor and two Councilmen, all of whom hold office for a period of 4 years and until their successors have been elected and qualified.

      Sec. 4.  Section 5.090 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 616, is hereby amended to read as follows:

       Sec. 5.090  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from any municipal election shall be filed with the City Clerk, who shall immediately place such returns in a safe or vault, and no person [shall be] is permitted to handle, inspect or in any manner interfere with such returns until canvassed by the Board of Councilmen.

       2.  The Board of Councilmen shall meet on the first Tuesday after any election and canvass the returns and declare the result. The election returns [shall] must then be sealed and kept by the City Clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the Board of Councilmen.

       3.  The City Clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the [1st] first Monday in :

       (a) July next following their election [.] for those officers elected in June 2007.

       (b) January next following their election for those officers elected in November 2008 and November of every even-numbered year thereafter.

       4.  If any election should result in a tie, the Board of Councilmen shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

      Sec. 5.  Section 9.030 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 620, is hereby repealed.

      Sec. 6.  This act becomes effective upon passage and approval and applies to the general election to be held on June 5, 2007.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 144ê

 

CHAPTER 59, SB 122

Senate Bill No. 122–Senator Rhoads

 

CHAPTER 59

 

AN ACT relating to the City of Wells; providing for the general municipal election to be held on the date for the state general election; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      The existing Charter of the City of Wells provides that the general municipal election occurs on the Tuesday after the first Monday in June of odd-numbered years. (Wells City Charter § 5.010) This bill amends the Charter to change the date for the general municipal election to coincide with the date for the state general election which is held in November of even-numbered years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.060 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as last amended by chapter 515, Statutes of Nevada 1997, at page 2453, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.  Except as otherwise provided in NRS 268.325:

       1.  A vacancy in the Board of Councilmen or in the office of Mayor must be filled by a majority vote of the members of the Board of Councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the Board before the vacancy occurs. In such a case, each member of the Board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       2.  No such appointment extends beyond the first Monday in :

       (a) July after the next municipal election, for appointments to offices that were on the ballot in June 2005 or 2007; and

       (b) January after the next municipal election, for appointments to offices that were on the ballot in June 2009, November 2010 or any subsequent even-numbered year,

Ê at which election the office must be filled for the remaining unexpired term [.] or the successor to the previously vacated seat will be selected, as appropriate.

      Sec. 2.  Section 2.010 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as last amended by chapter 98, Statutes of Nevada 1977, at page 212, is hereby amended to read as follows:

       Sec. 2.010  Board of Councilmen: Qualifications; election; term of office; salary.

       1.  The legislative power of the City is vested in a Board of Councilmen consisting of four Councilmen and a Mayor.

       2.  The Mayor and Councilmen [shall] must be:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 145 (Chapter 59, SB 122)ê

 

       (a) Bona fide residents of the City for at least 2 years prior to their election.

       (b) Qualified electors within the City.

       3.  All Councilmen, including the Mayor, [shall] must be voted upon by the registered voters of the City at large and , except as otherwise provided in section 5.010, shall serve for terms of 4 years.

       4.  The Mayor and Councilmen shall receive a salary in an amount fixed by the Board of Councilmen.

      Sec. 3.  Section 5.010 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 469, is hereby amended to read as follows:

       Sec. 5.010  General municipal elections.

       1.  On the Tuesday after the [1st] first Monday in June [1975, and at each successive interval of 4 years thereafter,] 2007, there [shall] must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and one Councilman, [who shall] both of whom hold office [for a period of 4 years and] until their successors have been elected and qualified [.] pursuant to subsection 3.

       2.  On the Tuesday after the [1st] first Monday in June [1977, and at each successive interval of 4 years thereafter,] 2009, there [shall] must be elected by the qualified voters of the City, at a general election to be held for that purpose, three Councilmen, [who shall] all of whom hold office [for a period of 4 years and] until their successors have been elected and qualified [.] pursuant to subsection 4.

       3.  On the Tuesday after the first Monday in November 2010, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and one Councilman, both of whom hold office for a period of 4 years and until their successors have been elected and qualified.

       4.  On the Tuesday after the first Monday in November 2012, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, three Councilmen, all of whom hold office for a period of 4 years and until their successors have been elected and qualified.

      Sec. 4.  Section 5.090 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 470, is hereby amended to read as follows:

       Sec. 5.090  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from any municipal election [shall] must be filed with the City Clerk, who shall immediately place such returns in a safe or vault, and no person [shall be] is permitted to handle, inspect or in any manner interfere with such returns until canvassed by the Board of Councilmen.

       2.  The Board of Councilmen shall meet on the [1st] first Tuesday after any election and canvass the returns and declare the result. The election returns [shall] must then be sealed and kept by the City Clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the Board of Councilmen.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 146 (Chapter 59, SB 122)ê

 

City Clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the Board of Councilmen.

       3.  The City Clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the [1st] first Monday in :

       (a) July next following their election [.] for those officers elected in June 2007 or 2009.

       (b) January next following their election for those officers elected in November 2010 and every even-numbered year thereafter.

       4.  If any election should result in a tie, the Board of Councilmen shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

      Sec. 5.  Section 10.010 of the Charter of the City of Wells, being chapter 431, Statutes of Nevada 1973, at page 626, is hereby repealed.

      Sec. 6.  This act becomes effective upon passage and approval and applies to the general election to be held on June 5, 2007.

________

 

CHAPTER 60, SB 177

Senate Bill No. 177–Committee on Judiciary

 

CHAPTER 60

 

AN ACT relating to judgments; enacting the Uniform Foreign-Country Money Judgments Recognition Act; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the enforcement of a judgment of a federal court or a court of another state to implement the Full Faith and Credit Clause of the United States Constitution. (NRS 17.330-17.400) This bill enacts the Uniform Foreign-Country Money Judgments Recognition Act, which provides for the recognition of foreign country judgments in a state court in the United States.

      The first step towards the enforcement of a foreign country judgment is the recognition of the judgment. The recognition occurs in a state court when an appropriate action is filed. Under section 9 of this bill, if recognition is sought as an original matter, the party seeking recognition must file an action in a court to obtain recognition. However, if recognition is sought in a pending action, the party seeking recognition may set forth a counterclaim, cross-claim or affirmative defense in the pending action.

      Section 6 of this bill provides that two requirements must be met before the procedures of this bill may be utilized to recognize a foreign country judgment. A court of this State may recognize a foreign country judgment under the procedures set forth in this bill only if the party seeking recognition shows that the judgment grants or denies recovery of a sum of money and is conclusive, final and enforceable in the country of origin. In addition, section 6 excludes from the scope of this bill certain money judgments, such as judgments on taxes, fines or penalties and judgments relating to domestic relations. Under section 14 of this bill, a judgment excluded from this bill may be recognized pursuant to other principles of law.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 147 (Chapter 60, SB 177)ê

 

      Section 7 of this bill provides the standards for the recognition of a foreign country judgment that is within the scope of this bill. Under section 7, a court must recognize a foreign country judgment unless the party opposing recognition establishes certain grounds for nonrecognition of the judgment. A court may not recognize a judgment if it comes from a court system that is not impartial or that dishonors due process, or there is no personal jurisdiction over the defendant or over the subject matter of the litigation. Moreover, section 7 provides certain grounds that allow a court to deny recognition to a foreign country judgment.

      Section 10 of this bill provides the consequences of a decision by a court that a foreign country judgment is entitled to recognition. The first consequence is that the foreign country judgment is treated as conclusive between the parties in this State to the same extent that a judgment of a court of another state that is entitled to full faith and credit would be conclusive. The second consequence is that a foreign country judgment that is recognized is enforceable in the same manner and to the same extent as a judgment of a court of this State.

      Section 12 of this bill establishes a statute of limitation for the recognition of a foreign country judgment. Under section 12, if the judgment cannot be enforced any longer in the country of origin, it may not be recognized in a court in this State. However, if there is no limitation on enforcement in the country of origin, the judgment becomes unenforceable in this State 15 years after the judgment is effective in the country of origin.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 17 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  Sections 2 to 14, inclusive, of this act may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.

      Sec. 3.  As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Foreign country” means a government other than:

      1.  The United States;

      2.  A state, district, commonwealth, territory or insular possession of the United States; or

      3.  Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.

      Sec. 5.  “Foreign-country judgment” means a judgment of a court of a foreign country.

      Sec. 6.  1.  Except as otherwise provided in subsection 2, sections 2 to 14, inclusive, of this act apply to a foreign-country judgment to the extent that the judgment:

      (a) Grants or denies recovery of a sum of money; and

      (b) Under the law of the foreign country where rendered, is final, conclusive and enforceable.

      2.  Sections 2 to 14, inclusive, of this act do not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:

      (a) A judgment for taxes;

      (b) A fine or other penalty; or

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 148 (Chapter 60, SB 177)ê

 

      (c) A judgment for divorce, support or maintenance or other judgment rendered in connection with domestic relations.

      3.  A party seeking recognition of a foreign-country judgment has the burden of establishing that sections 2 to 14, inclusive, of this act apply to the foreign-country judgment.

      Sec. 7.  1.  Except as otherwise provided in subsections 2 and 3, a court of this State shall recognize a foreign-country judgment to which sections 2 to 14, inclusive, of this act apply.

      2.  A court of this State may not recognize a foreign-country judgment if:

      (a) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

      (b) The foreign court did not have personal jurisdiction over the defendant; or

      (c) The foreign court did not have jurisdiction over the subject matter.

      3.  A court of this State need not recognize a foreign-country judgment if:

      (a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

      (b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

      (c) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this State or of the United States;

      (d) The judgment conflicts with another final and conclusive judgment;

      (e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;

      (f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

      (g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

      (h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

      4.  A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection 2 or 3 exists.

      Sec. 8.  1.  A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:

      (a) The defendant was served with process personally in the foreign country;

      (b) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;

      (c) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 149 (Chapter 60, SB 177)ê

 

      (d) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;

      (e) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or

      (f) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.

      2.  The list of bases for personal jurisdiction in subsection 1 is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection 1 as sufficient to support a foreign-country judgment.

      Sec. 9.  1.  If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

      2.  If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense.

      Sec. 10.  If the court in a proceeding under section 9 of this act finds that the foreign-country judgment is entitled to recognition under sections 2 to 14, inclusive, of this act, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:

      1.  Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and

      2.  Enforceable in the same manner and to the same extent as a judgment rendered in this State.

      Sec. 11.  If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.

      Sec. 12.  An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.

      Sec. 13.  In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 14.  Sections 2 to 14, inclusive, of this act do not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of sections 2 to 14, inclusive, of this act.

      Sec. 15.  The provisions of this act apply to all actions commenced on or after October 1, 2007, in which the issue of recognition of a foreign-country judgment is raised.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 150ê

 

CHAPTER 61, SB 150

Senate Bill No. 150–Committee on Human Resources and Education

 

CHAPTER 61

 

AN ACT relating to services to aging persons; expanding the jurisdiction of advocates for residents of facilities for long-term care to include homes for individual residential care; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      The Nevada Commission on Aging and the Aging Services Division of the Department of Health and Human Services oversee the provision of certain services to aging persons in this State. (Chapter 427A of NRS) The Chief of the Division may appoint employees of the Division to serve as advocates for persons who are 60 years of age or older and who reside in facilities for long-term care. The advocates perform certain duties related to the well-being of the residents of those facilities, including investigation of complaints and periodic visits to the facilities. (NRS 427A.125-427A.165) This bill expands the jurisdiction of the advocates to homes for individual residential care, which are licensed by the Health Division of the Department. (NRS 449.249-449.2496)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 427A.028 is hereby amended to read as follows:

      427A.028  “Facility for long-term care” means:

      1.  A residential facility for groups as defined in NRS 449.017;

      2.  A facility for intermediate care as defined in NRS 449.0038;

      3.  A facility for skilled nursing as defined in NRS 449.0039; [and]

      4.  A home for individual residential care as defined in NRS 449.0105; and

      5.  Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 151ê

 

CHAPTER 62, SB 208

Senate Bill No. 208–Committee on Judiciary

 

CHAPTER 62

 

AN ACT relating to juries; prohibiting employers from requiring employees to use certain leave for jury duty; prohibiting employers from requiring employees who are summoned to appear for jury duty to work certain hours; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits an employer from terminating a person who is summoned for jury duty and prohibits any person from dissuading a person from serving as a juror. (NRS 6.190)

      This bill makes it a misdemeanor for an employer to: (1) require an employee to use sick leave or vacation time for jury duty; or (2) require an employee who is summoned to appear for jury duty to work certain hours.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 6.190 is hereby amended to read as follows:

      6.190  1.  Any person, corporation, partnership, association or other entity who is:

      (a) An employer; or

      (b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,

Ê of a person who is a juror or who has received a summons to appear for jury duty, and who deprives the juror or person summoned of his employment, as a consequence of his service as a juror or prospective juror, or who asserts to the juror or person summoned that his service as a juror or prospective juror will result in termination of his employment, is guilty of a gross misdemeanor.

      2.  A person discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of the lost wages and benefits;

      (d) Reasonable attorney’s fees fixed by the court; and

      (e) Punitive or exemplary damages in an amount not to exceed $50,000.

      3.  If a person is summoned to appear for jury duty, the employer and any employee, agent or officer of the employer shall not, as a consequence of the person’s service as a juror or prospective juror:

      (a) Require the person to use sick leave or vacation time; or

      (b) Require the person to work:

             (1) Within 8 hours before the time at which he is to appear for jury duty; or

             (2) If his service has lasted for 4 hours or more on the day of his appearance for jury duty, including his time going to and returning from the place where the court is held, between 5 p.m.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 152 (Chapter 62, SB 208)ê

 

the place where the court is held, between 5 p.m. on the day of his appearance for jury duty and 3 a.m. the following day.

Ê Any person who violates the provisions of this subsection is guilty of a misdemeanor.

      4.  Each summons to appear for jury duty must be accompanied by a notice to the employer of the person summoned. The notice must inform the employer that the person has been summoned for jury duty and must include a copy of the provisions of subsections 1 [and 2.] , 2 and 3. The person summoned, if he is employed, shall give the notice to his employer at least [1 day] 3 days before he is to appear for jury duty.

      [4.] 5.  Except as otherwise provided in this section, any person who in any manner dissuades or attempts to dissuade a person who has received a summons to appear for jury duty from serving as a juror is guilty of a misdemeanor.

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

________

 

CHAPTER 63, SB 220

Senate Bill No. 220–Committee on Human Resources and Education

 

CHAPTER 63

 

AN ACT relating to public welfare; revising various reporting requirements regarding programs and services for persons with disabilities; transferring to the Office of Disability Services within the Department of Health and Human Services the duty to maintain and make available a list of certain interpreters; revising provisions governing personal assistance for persons with severe functional disabilities; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires that various reports regarding the programs and services for persons with disabilities and persons with traumatic brain injuries be submitted to various persons and governmental entities in this State. (NRS 426.235, 426.729, 426A.040, 426A.060, 426A.070) Sections 1 and 3-5 of this bill eliminate the requirements for these separate reports and require the Office of Disability Services within the Department of Health and Human Services to publish a single report concerning persons with disabilities and make the report available to governmental entities and the general public.

      Existing law prescribes requirements for programs of personal assistance for persons with severe functional disabilities. (NRS 426.721-426.731) This law revises the definition of “severe functional disability” for purposes of the programs to include traumatic brain injury.

      Sections 1 and 6 of this bill transfer from the Bureau of Vocational Rehabilitation in the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to the Office of Disability Services the duty to maintain and make available a list of persons who are qualified to engage in the practice of interpreting in this State to serve as interpreters for persons who are deaf or hard of hearing. (NRS 426.235, 615.200)

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 153 (Chapter 63, SB 220)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 426.235 is hereby amended to read as follows:

      426.235  The Office of Disability Services is hereby created within the Department. The Office shall:

      1.  Provide access to information about services or programs for persons with disabilities that are available in this State.

      2.  Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

      (a) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

      (b) Making recommendations concerning new policies or services that may benefit persons with disabilities.

      3.  Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

      4.  Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Office shall:

      (a) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Office to each of the local governmental agencies that provides services or programs to persons with disabilities;

      (b) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

      (c) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

      5.  Administer the following programs in this State that provide services for persons with disabilities:

      (a) The program established pursuant to NRS 426.265, 426.275 and 426.285 to provide financial assistance to persons with physical disabilities;

      (b) The programs established pursuant to chapter 426A of NRS to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;

      (c) The program established pursuant to NRS 426.295 to provide devices for telecommunication to deaf persons and persons with impaired speech or hearing;

      (d) Any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 154 (Chapter 63, SB 220)ê

 

      (e) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

      (f) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

      6.  Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

      7.  Ensure that state and local governmental agencies comply with the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

      8.  Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

      (a) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

      (b) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

      9.  Publish and make available to governmental entities and the general public a biennial report which:

      (a) [Reviews the current and projected capacity of:

             (1) Services available to persons with disabilities pursuant to the State Plan for Medicaid;

             (2) Waivers to the State Plan for Medicaid for the provision of home and community-based services in this State;

             (3) Services available to persons with disabilities from counties and other local governmental entities in this State; and

             (4) Any other services available to persons with disabilities from any governmental or nonprofit agency;

      (b) Identifies the costs of existing and new services in the community for persons with disabilities;

      (c)] Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

      [(d) Recommends plans to provide services or programs for persons with disabilities by using the data from any waiting lists of persons seeking such services or programs;

      (e) Reports the outcomes of persons with disabilities who have received services for persons with disabilities in this State; and

      (f)] (b) Reports the progress of the Office in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001 [.

      10.  Provide on or before January 15 of each year a report to the Governor and on or before January 15 of each odd-numbered year a report to the Legislature, including, without limitation:

      (a) A summary of the activities of the Office for the preceding fiscal year or 2 preceding fiscal years, if the report is provided to the Legislature;

      (b) Documentation of] ;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 155 (Chapter 63, SB 220)ê

 

      (c) Documents significant problems affecting persons with disabilities when accessing public services, if the Office is aware of any such problems;

      [(c) A summary and analysis of the trends in the systems of care and services available for persons with disabilities;] and

      (d) [Recommendations] Recommends strategies and, if determined necessary by the Office, legislation for improving the ability of the State [of Nevada] to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

      10.  Maintain a list of persons who are qualified to engage in the practice of interpreting in this State pursuant to NRS 656A.100 to serve as interpreters for persons who are deaf or hard of hearing and make the list available to any person upon request without charge.

      Sec. 2.  NRS 426.726 is hereby amended to read as follows:

      426.726  “Severe functional disability” means [any] :

      1.  Any physical or mental condition pursuant to which a person is unable, without substantial assistance from another person, to eat, bathe and toilet.

      2.  A traumatic brain injury.

      Sec. 3.  NRS 426.729 is hereby amended to read as follows:

      426.729  The Director of the Department of Health and Human Services, in consultation with the Advisory Committee, shall:

      1.  Determine the amount of state funding necessary each biennium to carry out NRS 426.728.

      2.  Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.

      3.  Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:

      (a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;

      (b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;

      (c) Standards for the financial operation of providers of minimum essential personal assistance;

      (d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;

      (e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;

      (f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;

      (g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;

      (h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 156 (Chapter 63, SB 220)ê

 

      (i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.

      4.  Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.

      5.  Submit to each regular session of the Legislature and make available to members of the public any recommendations for legislation to carry out NRS 426.728 and to carry out or improve the program established pursuant to subsection 3.

      [6.  Submit to each regular session of the Legislature a report regarding the expenditure of any money received to carry out NRS 426.721 to 426.731, inclusive, that must include information regarding:

      (a) The fiscal and other effects of services provided to carry out NRS 426.728;

      (b) The results of the program established pursuant to subsection 3; and

      (c) The percentage change in the number of residents of this State with severe functional disabilities who are able to avoid or leave institutional care as a result of the receipt of minimum essential personal assistance through community-based services.]

      Sec. 4.  NRS 426A.060 is hereby amended to read as follows:

      426A.060  1.  The Advisory Committee on Traumatic Brain Injuries, consisting of 11 members, is hereby created.

      2.  The Director of the Department shall appoint to the Committee:

      (a) One member who is an employee of the Office.

      (b) One member who is an employee of the Division of Health Care Financing and Policy of the Department and participates in the administration of the state program providing Medicaid.

      (c) One member who is a licensed insurer in this State.

      (d) One member who represents the interests of educators in this State.

      (e) One member who is a person professionally qualified in the field of psychiatric mental health.

      (f) Two members who are employees of private providers of rehabilitative health care located in this State.

      (g) One member who represents persons who operate community-based programs for head injuries in this State.

      (h) One member who represents hospitals in this State.

      (i) Two members who represent the recipients of health care in this State.

      3.  After the initial appointments, each member of the Committee serves a term of 3 years.

      4.  The Committee shall elect one of its members to serve as Chairman.

      5.  Members of the Committee:

      (a) Serve without compensation; and

      (b) If provided for in the budget of the Department, while engaged in the business of the Committee, are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  The Committee may:

      (a) Make recommendations to the Director of the Department and the Office relating to the establishment and operation of any program for persons with traumatic brain injuries.

      (b) Make recommendations to the Director of the Department and the Office concerning proposed legislation relating to traumatic brain injuries.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 157 (Chapter 63, SB 220)ê

 

      (c) Collect information relating to traumatic brain injuries.

      (d) Apply for grants.

      (e) Accept and expend any money made available to the Committee by gift, grant, donation or bequest.

      7.  [The Committee shall prepare a report of its activities and recommendations each year and submit a copy to the:

      (a) Director of the Department;

      (b) Office;

      (c) Legislative Committee on Health Care; and

      (d) Legislative Commission.

      8.]  As used in this section:

      (a) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 5.  NRS 426A.070 is hereby amended to read as follows:

      426A.070  1.  The Office shall establish a Program for Persons With Traumatic Brain Injuries.

      2.  The Program may, subject to legislative appropriation, provide:

      (a) The following services to persons with traumatic brain injuries:

             (1) Treatment during the day on an outpatient basis;

             (2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;

             (3) Care provided in the home;

             (4) Instruction in the skills required for independent living;

             (5) Placement for jobs; and

             (6) Counseling and treatment for the abuse of drugs or alcohol.

      (b) Support services for families of persons with traumatic brain injuries.

      (c) For the dissemination of information for the prevention of traumatic brain injuries.

      [3.  The Office shall evaluate the Program and submit a report containing the evaluation and any recommended legislation to each regular session of the Legislature.]

      Sec. 6.  NRS 615.200 is hereby amended to read as follows:

      615.200  The Bureau may:

      1.  Enter into reciprocal agreements with other states, which, for this purpose, may include the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam, to provide for the vocational rehabilitation of individuals within the states concerned;

      2.  Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;

      3.  Operate facilities for carrying out the purposes of this chapter;

      4.  In matters relating to vocational rehabilitation:

      (a) Conduct research, studies, investigations and demonstrations and make reports;

      (b) Provide training and instruction, including, without limitation, the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary;

      (c) Disseminate information; and

      (d) Render technical assistance; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 158 (Chapter 63, SB 220)ê

 

      5.  Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the Bureau . [; and

      6.  Maintain a list of persons who are qualified to engage in the practice of interpreting in this State pursuant to NRS 656A.100 to serve as interpreters for handicapped persons and shall make any such list available without charge to persons who request it.]

      Sec. 7.  NRS 426A.040 is hereby repealed.

________

 

CHAPTER 64, SB 294

Senate Bill No. 294–Senator Amodei

 

CHAPTER 64

 

AN ACT relating to juvenile justice; revising the provision concerning mandatory detention of a child who commits a battery that constitutes domestic violence; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a child who commits a battery that constitutes domestic violence must not be released from custody sooner than 12 hours after being taken into custody. (NRS 62C.020) This bill provides that such a child may be released from custody sooner than 12 hours after being taken into custody under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62C.020 is hereby amended to read as follows:

      62C.020  1.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018 [.] , unless the peace officer or probation officer who has taken the child into custody determines that the child does not otherwise meet the criteria for secure detention and:

      (a) Respite care or another out-of-home alternative to secure detention is available for the child;

      (b) An out-of-home alternative to secure detention is not necessary to protect the victim from injury; or

      (c) Family services are available to maintain the child in the home and the parents or guardians of the child agree to receive those family services and to allow the child to return to the home.

      2.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if:

      (a) The child is taken into custody for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 159 (Chapter 64, SB 294)ê

 

that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; and

      (b) The peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm.

      3.  For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

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

________

 

CHAPTER 65, SB 473

Senate Bill No. 473–Committee on Commerce and Labor

 

CHAPTER 65

 

AN ACT relating to interpreters; requiring the Office of Disability Services of the Department of Health and Human Services to regulate the practice of interpreting and the practice of realtime captioning; changing the name and membership of the Advisory Committee on Deaf and Hard of Hearing Persons; revising the provisions governing the appointment of an interpreter by a court, magistrate or other person presiding over a judicial or other proceeding; requiring that the surcharge imposed on certain telephone services be sufficient to cover certain costs of the Office to regulate the practice of interpreting and the practice of realtime captioning; and providing other matters properly relating thereto.

 

[Approved: May 17, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes the requirements for the qualification of persons who engage in the practice of interpreting or the practice of realtime captioning for the purpose of facilitating communication between persons who are deaf or whose hearing is impaired and other persons. (Chapter 656A of NRS) With limited exceptions, a person must hold some form of national certification before he is considered qualified to engage in those practices. (NRS 656A.100, 656A.400)

      Sections 2-25 of this bill require the Office of Disability Services of the Department of Health and Human Services to regulate the practice of interpreting and the practice of realtime captioning. Section 10 requires the Office to establish a registry of the interpreters and realtime captioning providers who are registered and make the registry available to the general public. Sections 11 and 12 require the Office to establish by regulation: (1) the level of education and professional training, experience and certification required for registration; and (2) ethical standards for interpreters and realtime captioning providers. Section 13 authorizes a person to file a complaint with the Office if the person is dissatisfied with the services provided by an interpreter or realtime captioning provider or becomes aware that an interpreter or realtime captioning provider has committed an act that is grounds for disciplinary action. Section 14 requires that all money received by the Office must be deposited with the State Treasurer for credit to the Account for Services for Persons With Impaired Speech or Hearing created pursuant to NRS 426.295.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 160 (Chapter 65, SB 473)ê

 

Impaired Speech or Hearing created pursuant to NRS 426.295. Sections 23 and 24 provide for the registration of persons who wish to engage in the practice of interpreting and the practice of realtime captioning.

      Under state and federal law, a person who is deaf or has a physical speaking impairment may be entitled to the appointment of an interpreter in certain judicial or legal proceedings. Existing law requires that the interpreter must be certified to engage in the practice of interpreting in a legal setting. (NRS 50.050) Section 26 of this bill replaces the requirement for certification with the requirement for registration in accordance with sections 2-25 of this bill. Section 26 also provides that if a registered legal interpreter cannot be found or is otherwise unavailable, or if the appointment of a registered legal interpreter would cause a substantial delay in the proceeding, the person presiding over the proceeding may appoint a registered interpreter or any other interpreter under certain circumstances. Sections 31, 35, 37, 39-42 and 46 of this bill revise various other provisions in NRS which require the appointment of an interpreter in various legal settings to incorporate the changes made in section 26.

      Existing law imposes a surcharge on the bills of telephone and wireless customers in an amount that is sufficient to cover the costs incurred by the Office of Disability Services to provide various services to persons who are deaf or have severely impaired speech or hearing. (NRS 426.295) Section 45 of this bill requires that the amount of the surcharge must also be sufficient to cover certain costs incurred by the Office to regulate the practice of interpreting and the practice of realtime captioning.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 656A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

      Sec. 2.  “Charter school” has the meaning ascribed to it in NRS 385.007.

      Sec. 3.  “Community setting” means any setting that is not an educational setting. The term includes, without limitation, a legal setting and a medical setting.

      Sec. 4.  “Educational setting” means a public school, private school or charter school in this State.

      Sec. 5.  “Legal setting” means:

      1.  A communication with a law enforcement officer, as defined in NRS 179B.070, that relates to a criminal investigation;

      2.  A communication with an attorney who is acting in his professional capacity;

      3.  A negotiation for a contract for which the estimated amount required to perform the contract is $1,000 or more; or

      4.  A judicial proceeding, including, without limitation:

      (a) A grand jury proceeding;

      (b) A court proceeding;

      (c) A pretrial examination, deposition, motion and related proceedings of like character; and

      (d) The proceedings of an administrative agency.

      Sec. 6.  “Medical setting” means any communication between a provider of health care, as defined in NRS 629.031, and a patient or a person acting on behalf of the patient concerning the provision of health care to the patient.

      Sec. 7.  “Office” means the Office of Disability Services of the Department of Health and Human Services.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 161 (Chapter 65, SB 473)ê

 

      Sec. 8.  “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 9.  “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 10.  The Office shall:

      1.  Establish a registry of persons who are registered with the Office to engage in the practice of interpreting or the practice of realtime captioning. The registry must include, without limitation:

      (a) The name of the person and any other information prescribed by the Office; and

      (b) If the person is registered to engage in the practice of interpreting, each professional classification in which he is registered to practice;

      2.  Make the registry available on an Internet website maintained by the Office; and

      3.  Provide a copy of the registry without charge to any person upon request.

      Sec. 11.  The Office shall, by regulation:

      1.  Prescribe for each professional classification of interpreters:

      (a) The level of education and professional training, experience and certification required to engage in the practice of interpreting in that classification.

      (b) The authorized scope of practice, including, without limitation, any condition, restriction or other limitation imposed on a person who practices in that classification.

      2.  Establish ethical standards for persons who engage in the practice of interpreting, including, without limitation, standards for maintaining confidential communications between an interpreter and a person who receives his services.

      Sec. 12.  The Office shall, by regulation:

      1.  Prescribe the level of education and professional training, experience and certification required to engage in the practice of realtime captioning.

      2.  Establish ethical standards for persons who engage in the practice of realtime captioning, including, without limitation, standards for maintaining confidential communications between a realtime captioning provider and a person who receives his services.

      Sec. 13.  1.  A person who is dissatisfied with the services provided by a person who engages in the practice of interpreting or the practice of realtime captioning or becomes aware that any one or more of the grounds for initiating disciplinary action may exist as to a person who engages in the practice of interpreting or the practice of realtime captioning may file a complaint with the Office.

      2.  The Office shall establish procedures for investigating and resolving a complaint filed pursuant to this section.

      Sec. 14.  Any money received by the Office pursuant to this chapter must be:

      1.  Deposited with the State Treasurer for credit to the Account for Services for Persons With Impaired Speech or Hearing created by NRS 426.295; and

      2.  Used by the Office to pay the costs incurred by the Office in carrying out the provisions of this chapter.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 162 (Chapter 65, SB 473)ê

 

      Sec. 15.  The office shall adopt regulations to carry out the provisions of this chapter.

      Sec. 16.  The following acts, among others, constitute cause for disciplinary action:

      1.  Engaging in behavior that is contrary to the ethical standards set forth in the regulations of the Office.

      2.  Violation by an interpreter or realtime captioning provider of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.

      3.  Aiding, abetting or permitting the commission of any illegal act.

      4.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada while discharging duties as an interpreter or realtime captioning provider.

      5.  Engaging in the practice of interpreting or the practice of realtime captioning without the skills required to meet the communication needs of the recipient of the service.

      6.  Engaging in unprofessional conduct as defined by the Office by regulation.

      Sec. 17.  1.  If an interpreter or realtime captioning provider has committed any act set forth in section 16 of this act, the Office may:

      (a) Suspend or revoke the registration of the interpreter or realtime captioning provider;

      (b) Refuse to renew the registration of the interpreter or realtime captioning provider;

      (c) Impose upon the interpreter or realtime captioning provider a fine of not more than $5,000 for each violation of this chapter;

      (d) Require the interpreter or realtime captioning provider to pay restitution; or

      (e) Take such other disciplinary action as the Office deems appropriate.

      2.  The Office may adopt regulations setting forth a schedule of fines for the purposes of paragraph (c) of subsection 1.

      3.  The Office shall adopt regulations setting forth a schedule of penalties for engaging in unprofessional conduct. The schedule of penalties must not exceed the penalties set forth in this section.

      Sec. 18.  1.  When a complaint is filed with the Office, it must be considered by a person designated by the Office. If it appears to the person designated by the Office that further proceedings are warranted, the person shall report the results of his investigation together with his recommendation to the Office in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The Office shall promptly make a determination with respect to each complaint reported to it by the person designated by the Office and shall dismiss the complaint or proceed with disciplinary action pursuant to chapter 622A of NRS.

      Sec. 19.  1.  Except as otherwise provided in subsection 2, a complaint must not be filed against an interpreter or realtime captioning provider if 2 years or more have elapsed since the occurrence of the act or omission alleged as the ground for disciplinary action.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 163 (Chapter 65, SB 473)ê

 

      2.  If the act or omission alleges fraud or misrepresentation, the complaint must be filed within 2 years after the discovery of the fraud or misrepresentation.

      Sec. 20.  NRS 656A.020 is hereby amended to read as follows:

      656A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 656A.030 to 656A.065, inclusive, and sections 2 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 21.  NRS 656A.030 is hereby amended to read as follows:

      656A.030  “Interpreter” means a person who is [qualified] registered with the Office to engage in the practice of interpreting in this State pursuant to NRS 656A.100.

      Sec. 22.  NRS 656A.065 is hereby amended to read as follows:

      656A.065  “Realtime captioning provider” means a person who is [qualified] registered with the Office to engage in the practice of realtime captioning in this State pursuant to NRS 656A.400.

      Sec. 23.  NRS 656A.100 is hereby amended to read as follows:

      656A.100  1.  [Except as otherwise provided in this section, a] A person who wishes to engage in the practice of interpreting in this State must [:

      (a) Be at] submit to the Office:

      (a) Proof that he is at least 18 years of age;

      [(b) Have at least a high school diploma or a general equivalency diploma;

      (c) Be capable of providing the type of interpreting services required for the person who is deaf or whose hearing is impaired; and

      (d) Have:

             (1) Been issued at least one of the following certificates by the Registry of Interpreters for the Deaf or its successor organization:

                   (I) Master Comprehensive Skills Certificate;

                   (II) Comprehensive Skills Certificate;

                   (III) Certificate of Interpretation;

                   (IV) Certificate of Transliteration;

                   (V) Legal Specialist Certificate; or

                   (VI) Oral Interpreting Certificate;

             (2) Been certified by the National Association of the Deaf or its successor organization as having a level of proficiency in providing interpreting services at level 3, 4 or 5; or

             (3) Passed the Cued Language Transliterator National Certification Examination administered by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization and must hold a Transliteration Skills Certificate issued by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization.

      2.  A person who wishes to engage in the practice of interpreting in this State in a legal setting must comply with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 and must:

      (a) Have been issued at least one of the certificates set forth in subparagraph (1) of paragraph (d) of subsection 1;

      (b) Have been certified by the National Association of the Deaf or its successor organization as having a level of proficiency in providing interpreting services at level 4 or 5; or

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 164 (Chapter 65, SB 473)ê

 

      (c) Have passed the Cued Language Transliterator National Certification Examination administered by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization and must hold a Transliteration Skills Certificate issued by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization.

      3.  Except as otherwise provided in subsection 4, a person, including, without limitation, a teacher and a teacher’s aide, who wishes to engage in the practice of interpreting in this State in a public school, including, without limitation, a charter school, or a private school must comply with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 and must:

      (a) Comply with the requirements set forth in paragraph (d) of subsection 1; or

      (b) Have completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital or its successor organization and received a rating of his level of proficiency in providing interpreting services at level 4 or 5.

      4.  A person who has not complied with the requirements set forth in paragraph (a) or (b) of subsection 3 may engage in the practice of interpreting in a public school, including, without limitation, a charter school, or a private school for not more than 3 years if:

      (a) There is a demonstrated shortage of personnel who have complied with those requirements in the geographic area of this State in which the public school or private school is located;

      (b) The school district, charter school or private school that hires a person pursuant to this subsection has made and continues to make a good faith effort to recruit and hire persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3;

      (c) The shortage of personnel described in paragraph (a) has precluded the school district, charter school or private school from employing the number of persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3 as is necessary to satisfy the personnel requirements of the school district, charter school or private school; and

      (d) The person hired by the school district, charter school or private school pursuant to this subsection makes satisfactory progress, as determined by the school district, charter school or private school, toward complying with the requirements set forth in paragraph (a) or (b) of subsection 3 during the period of his employment.

      5.  As used in this section:

      (a) “Charter school” has the meaning ascribed to it in NRS 385.007.

      (b) “Legal setting” means:

             (1) A communication with a law enforcement officer, as defined in NRS 179B.070, that relates to a criminal investigation;

             (2) A communication with an attorney who is acting in his professional capacity;

             (3) A negotiation for a contract for which the estimated amount required to perform the contract is $1,000 or more; or

             (4) A judicial proceeding, including, without limitation:

                   (I) A grand jury proceeding;

                   (II) A court proceeding;

                   (III) A pretrial examination, deposition, motion and related proceedings of like character; and

                   (IV) The proceedings of an administrative agency.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 165 (Chapter 65, SB 473)ê

 

      (c) “Public school” has the meaning ascribed to it in NRS 385.007.

      (d) “Private school” has the meaning ascribed to it in NRS 394.103.]

      (b) An application in the form prescribed by the Office;

      (c) Proof that the applicant has complied with the requirements for education, training, experience and certification required for each professional classification of the practice of interpreting pursuant to this section or prescribed by a regulation of the Office pursuant to section 11 of this act;

      (d) If the applicant wishes to practice interpreting in a community setting as an apprentice level interpreter, proof:

             (1) That the applicant possesses intermediate interpreting skills;

             (2) Of current participation in a program of mentoring or an agreement to participate in a program of mentoring with an interpreter in a community setting other than an apprentice level interpreter; and

             (3) Of ongoing participation in a training program for the professional development of interpreters;

      (e) If the applicant wishes to practice interpreting in a community setting as a skilled interpreter, proof:

             (1) That the applicant is certified as an interpreter by a nationally recognized public or private organization which is approved by the Office or possesses the skills necessary to practice interpreting at a skilled level in a community setting; and

             (2) Of ongoing participation in a training program for the professional development of interpreters;

      (f) If the applicant wishes to practice interpreting in a community setting as an advanced certified interpreter, proof:

             (1) That the applicant is certified as an interpreter at an advanced level by a nationally recognized public or private organization which is approved by the Office or possesses the skills necessary to practice interpreting at an advanced level in a community setting; and

             (2) Of ongoing participation in a training program for the professional development of interpreters;

      (g) If the applicant wishes to practice interpreting in an educational setting as an apprentice level interpreter, proof:

             (1) That the applicant has completed the Educational Interpreter Performance Assessment administered by a public or private organization which is approved by the Office and received a rating of his level of proficiency in providing interpreting services at least at level 3.0;

             (2) Of current participation in a program of mentoring or an agreement to participate in a program of mentoring with an interpreter in an educational setting other than an apprentice level interpreter; and

             (3) Of an individualized plan for professional development as an interpreter which includes, without limitation, specific goals for his professional development as an interpreter;

      (h) If the applicant wishes to practice interpreting in an educational setting as an intermediate interpreter, proof:

             (1) That the applicant has completed the Educational Interpreter Performance Assessment administered by a public or private organization which is approved by the Office and received a rating of his level of proficiency in providing interpreting services at least at level 3.1; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 166 (Chapter 65, SB 473)ê

 

             (2) Of an individualized plan for professional development as an interpreter which includes, without limitation, specific goals for his professional development as an interpreter;

      (i) If the applicant wishes to practice interpreting in an educational setting as an advanced interpreter, proof:

             (1) That the applicant has completed the Educational Interpreter Performance Assessment administered by a public or private organization which is approved by the Office and received a rating of his level of proficiency in providing interpreting services at least at level 4.0;

             (2) That the applicant possesses at least 4 years of experience practicing as an interpreter in a classroom; and

             (3) Of an individualized plan for professional development as an interpreter which includes, without limitation, specific goals for his professional development as an interpreter;

      (j) If the applicant wishes to obtain a supplemental registration specifically to practice interpreting in a legal setting or medical setting in addition to obtaining registration pursuant to paragraphs (d) to (i), inclusive, any information or evidence as prescribed by a regulation of the Office pursuant to section 12 of this act; and

      (k) Any other information or evidence the Office may require to determine whether the applicant has complied with the requirements to engage in the practice of interpreting.

      2.  The Office may, for good cause shown, waive any requirement set forth in subsection 1.

      3.  An applicant must identify each professional classification of the practice of interpreting for which he requests registration.

      4.  The Office shall:

      (a) Register each applicant who complies with the applicable provisions of this section as an interpreter described in the applicable paragraph of subsection 1; and

      (b) Issue to the applicant proof of registration.

      Sec. 24.  NRS 656A.400 is hereby amended to read as follows:

      656A.400  1.  A person who wishes to engage in the practice of realtime captioning in this State must [:

      1.  Be] submit to the Office:

      (a) Proof that he is at least 18 years of age;

      [2.  Have at least a high school diploma or a general equivalency diploma;

      3.  Be capable of providing the type of realtime captioning services required for persons who are deaf or whose hearing is impaired; and

      4.  Have:

      (a) Been certified as a court reporter by the Certified Court Reporters’ Board of Nevada pursuant to chapter 656 of NRS; or

      (b) Been issued at least one of the following certifications by the National Court Reporters Association or its successor organization:

             (1) Registered Professional Reporter;

             (2) Certified Communication Access Realtime Translation Provider;

             (3) Certified Broadcast Captioner; or

             (4) Certified Realtime Reporter.]

      (b) An application in the form prescribed by the Office;

      (c) Proof that the applicant has complied with the requirements for education, training, experience and certification required for the practice of realtime captioning as prescribed by a regulation of the Office pursuant to section 12 of this act; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 167 (Chapter 65, SB 473)ê

 

of realtime captioning as prescribed by a regulation of the Office pursuant to section 12 of this act; and

      (d) Any other information or evidence the Office may require to determine whether the applicant has complied with the requirements to engage in the practice of realtime captioning.

      2.  The Office shall register each applicant who complies with the provisions of this section and issue to the applicant proof of registration.

      Sec. 25.  NRS 656A.800 is hereby amended to read as follows:

      656A.800  1.  [It] Except as otherwise provided by specific statute, it is unlawful for a person to:

      (a) Engage in the practice of interpreting in this State;

      (b) Hold himself out as certified or qualified to engage in the practice of interpreting in this State; or

      (c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is an interpreter,

Ê [without first complying with the requirements set forth in] unless he is registered with the Office pursuant to NRS 656A.100.

      2.  It is unlawful for a person to:

      (a) Engage in the practice of realtime captioning in this State;

      (b) Hold himself out as certified or qualified to engage in the practice of realtime captioning in this State; or

      (c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is a realtime captioning provider,

Ê [without first complying with the requirements set forth in] unless he is registered with the Office pursuant to NRS 656A.400.

      3.  A person who violates the provisions of subsection 1 or 2:

      (a) Is guilty of a misdemeanor; and

      (b) May be assessed a civil penalty of not more than $5,000.

      4.  An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent jurisdiction by the district attorney of the appropriate county or the Attorney General.

      5.  Any civil penalty recovered pursuant to this section must be deposited with the State Treasurer for credit to the Account for Services for Persons with Impaired Speech or Hearing created by NRS 426.295.

      6.  The Office shall report a violation of a provision of subsection 1 or 2 to the district attorney of the county in which the violation occurred or the Attorney General.

      Sec. 26.  Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, in any judicial or other proceeding in which the court, magistrate or other person presiding over the proceeding is required to appoint an interpreter for a person with a communications disability, the court, magistrate or other person presiding over the proceeding shall appoint a registered legal interpreter to interpret the proceeding to that person and to interpret the testimony of that person to the court, magistrate or other person presiding over the proceeding.

      2.  If a registered legal interpreter cannot be found or is otherwise unavailable, or if the appointment of a registered legal interpreter will cause a substantial delay in the proceeding, the court, magistrate or other person presiding over the proceeding may, after making a finding to that effect and conducting a voir dire examination of prospective interpreters, appoint a registered interpreter or any other interpreter that the court, magistrate or other person presiding over the proceeding determines is readily able to communicate with the person with a communications disability, translate the proceeding for him, and accurately repeat and translate the statements of the person with a communications disability to the court, magistrate or other person presiding over the proceeding.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 168 (Chapter 65, SB 473)ê

 

effect and conducting a voir dire examination of prospective interpreters, appoint a registered interpreter or any other interpreter that the court, magistrate or other person presiding over the proceeding determines is readily able to communicate with the person with a communications disability, translate the proceeding for him, and accurately repeat and translate the statements of the person with a communications disability to the court, magistrate or other person presiding over the proceeding.

      Sec. 27.  NRS 50.050 is hereby amended to read as follows:

      50.050  1.  As used in NRS 50.050 to 50.053, inclusive, and section 26 of this act, unless the context requires otherwise:

      (a) “Interpreter” means a [person who is:

             (1) Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and

             (2) Readily able to communicate with a person with a disability, translate the proceedings for him, and accurately repeat and translate the statements of the person with a disability to the court or magistrate or other person presiding over the proceedings.] :

             (1) Registered interpreter;

             (2) Registered legal interpreter; or

             (3) Person who is appointed as an interpreter pursuant to subsection 2 of section 26 of this act.

      (b) “Person with a communications disability” means a person who, because he is deaf [, mute] or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.

      (c) “Registered interpreter” means a person registered with the Office of Disability Services of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting.

      (d) “Registered legal interpreter” means a person registered with the Office of Disability Services of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in a legal setting.

      2.  In all judicial proceedings in which a person with a communications disability appears as a witness, the court, magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to that person and to interpret the testimony of that person to the court, magistrate or other person presiding.

      3.  The court, magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature, the compensation of the interpreter may be taxed as costs and must not be charged as a public expense.

      4.  Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the [qualified] interpreter has performed the services required and incurred the expenses claimed.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 169 (Chapter 65, SB 473)ê

 

      Sec. 28.  NRS 50.051 is hereby amended to read as follows:

      50.051  An interpreter must be appointed at public expense for a person with a communications disability who is a party to or a witness in a criminal proceeding.

      Sec. 29.  NRS 50.052 is hereby amended to read as follows:

      50.052  1.  If an interpreter appointed for a person with a communications disability is not effectively or accurately communicating with or on behalf of the person with a communications disability, and that fact becomes known to the person who appointed him, another interpreter must be appointed.

      2.  Unless otherwise agreed upon by the parties, a person may not be appointed as an interpreter of a person with a communications disability in a proceeding if he is:

      (a) The spouse of the person with a communications disability or related to him; or

      (b) Otherwise interested in the outcome of the proceeding or biased for or against one of the parties.

      3.  Whenever possible, a person with a communications disability must be given an interpreter of his choice or one of whom he approves.

      Sec. 30.  NRS 50.053 is hereby amended to read as follows:

      50.053  1.  Before undertaking his duties, the interpreter shall swear or affirm that he will make a true interpretation in an understandable manner to the person for whom he has been appointed, and that he will repeat the statements of the person with a communications disability in the English language to the best of his ability.

      2.  While in the proper performance of his duties, an interpreter acts in the place of the person with a communications disability and to that extent has all of the rights and privileges of that person for purposes of the proceeding, including access to all relevant material.

      Sec. 31.  NRS 50.054 is hereby amended to read as follows:

      50.054  1.  Except as otherwise provided by a regulation of the court administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an interpreter in a proceeding if he is:

      (a) The spouse of a witness;

      (b) Otherwise related to a witness;

      (c) Biased for or against one of the parties; or

      (d) Otherwise interested in the outcome of the proceeding.

      2.  Before undertaking his duties, the interpreter shall swear or affirm that he will:

      (a) To the best of his ability, translate accurately to the witness, in the language of the witness, questions and statements addressed to the witness;

      (b) Make a true interpretation of the statements of the witness in an understandable manner; and

      (c) Repeat the statements of the witness in the English language to the best of his ability.

      3.  While in the proper performance of his duties, an interpreter has the same rights and privileges as the witness, including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the witness.

      4.  As used in this section, “interpreter” means a person who is readily able to communicate with a person who speaks a language other than English and does not know the English language, translate the proceedings for him and accurately repeat and translate the statements of the person in a language other than English to the court, magistrate or other person presiding.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 170 (Chapter 65, SB 473)ê

 

and accurately repeat and translate the statements of the person in a language other than English to the court, magistrate or other person presiding. The term does not include an interpreter for a person with a communications disability as that term is defined in NRS 50.050.

      Sec. 32.  NRS 171.1536 is hereby amended to read as follows:

      171.1536  Upon the arrest of a person with a communications disability as defined in NRS 50.050, and before his interrogation or the taking of his statement, the peace officer in actual charge of the station, headquarters or other facility to which the person with a communications disability has been brought shall make an interpreter [who is qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100] available at public expense to that person [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act.

      Sec. 33.  NRS 171.1538 is hereby amended to read as follows:

      171.1538  1.  The rights to interpretation and communication provided in NRS 171.1536 and 171.1537 may not be waived except knowingly and voluntarily by the person with a communications disability by a written statement indicating his desire not to be so assisted. At any time after arrest but before the termination of any custody, the person may retract his waiver by indicating his desire to be so assisted.

      2.  Unless there is a waiver under this section, there must be no interrogation or taking of the statement of a person with a communications disability without the assistance of an interpreter [who is qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act.

      Sec. 34.  NRS 213.055 is hereby amended to read as follows:

      213.055  An applicant or a witness at a hearing upon an application for clemency who is a person with a communications disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [:

      1.  Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and

      2.  Appointed] appointed by the Governor or a member of the Board designated by him.

      Sec. 35.  NRS 213.128 is hereby amended to read as follows:

      213.128  A prisoner, parolee or a witness at the hearing of a case who is a person with a communications disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [:

      1.  Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and

      2.  Appointed] appointed by the Chairman of the Board or other person who presides at the hearing.

      Sec. 36.  NRS 232.320 is hereby amended to read as follows:

      232.320  1.  Except as otherwise provided in subsection 3, the Director:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 171 (Chapter 65, SB 473)ê

 

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging Services Division;

             (2) The Administrator of the Health Division;

             (3) The Administrator of the Division of Welfare and Supportive Services;

             (4) The Administrator of the Division of Child and Family Services; and

             (5) The Administrator of the Division of Health Care Financing and Policy.

      (b) Shall administer, through the divisions of the Department and the Office of Disability Services, the provisions of chapters 63, 424, 425, 426A, 427A, 432A to 442, inclusive, 446 to 450, inclusive, [and] 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 426.205 to 426.295, inclusive, 432.010 to 432.133, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions or the Office of Disability Services.

      (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

      (e) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or his designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than:

      (a) The Administrator of the Division of Mental Health and Developmental Services who is appointed pursuant to subsection 3;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 172 (Chapter 65, SB 473)ê

 

      (b) The Executive Director of the Nevada Indian Commission who is appointed pursuant to NRS 233A.055; and

      (c) The State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      3.  The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.

      Sec. 37.  NRS 233B.1235 is hereby amended to read as follows:

      233B.1235  A witness during his testimony at a hearing of a contested case, who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [:

      1.  Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and

      2.  Appointed] appointed by the person who presides at the hearing.

      Sec. 38.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

             (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of [such] those licenses.

             (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

             (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

             (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

             (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being [qualified] registered with the Office of Disability Services of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting [pursuant to subsection 3 of NRS 656A.100.

             (6) Except as otherwise authorized by subsection 4 of NRS 656A.100, requiring] in an educational setting.

             (6) Requiring teachers and other educational personnel to [satisfy the qualifications set forth in subsection 3 of NRS 656A.100] be registered with the Office of Disability Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                   (I) Provide instruction or other educational services; and

                   (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

             (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 173 (Chapter 65, SB 473)ê

 

                   (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                   (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

             (8) Requiring an applicant for a special qualifications license to:

                   (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                   (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the master’s degree or doctoral degree held by the applicant.

             (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the master’s degree or doctoral degree held by that person.

             (10) Providing for the issuance of a license to teach to a person who:

                   (I) Holds a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                   (II) Is not licensed to teach public school in another state;

                   (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                   (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      3.  A person who is licensed pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 174 (Chapter 65, SB 473)ê

 

      Sec. 39.  NRS 391.31925 is hereby amended to read as follows:

      391.31925  The licensed employee or a witness at a hearing under NRS 391.311 to 391.3196, inclusive, who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [:

      1.  Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and

      2.  Appointed] appointed by the hearing officer.

      Sec. 40.  NRS 396.324 is hereby amended to read as follows:

      396.324  The person who is the subject of a disciplinary hearing under this chapter or who is a witness at that hearing, and who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [:

      1.  Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and

      2.  Appointed] appointed by the person who presides at the hearing.

      Sec. 41.  NRS 422.278 is hereby amended to read as follows:

      422.278  Any person who is:

      1.  The subject of a hearing conducted under the authority of the Division; or

      2.  A witness at that hearing,

Ê and who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100 and must be] appointed by the person who presides at the hearing.

      Sec. 42.  NRS 422A.290 is hereby amended to read as follows:

      422A.290  Any person who is:

      1.  The subject of a hearing conducted under the authority of the Division; or

      2.  A witness at that hearing,

Ê and who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100 and must be] appointed by the person who presides at the hearing.

      Sec. 43.  NRS 426.235 is hereby amended to read as follows:

      426.235  The Office of Disability Services is hereby created within the Department. The Office shall:

      1.  Provide access to information about services or programs for persons with disabilities that are available in this State.

      2.  Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 175 (Chapter 65, SB 473)ê

 

      (a) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

      (b) Making recommendations concerning new policies or services that may benefit persons with disabilities.

      3.  Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

      4.  Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Office shall:

      (a) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Office to each of the local governmental agencies that provides services or programs to persons with disabilities;

      (b) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

      (c) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

      5.  Administer the following programs in this State that provide services for persons with disabilities:

      (a) The program established pursuant to NRS 426.265, 426.275 and 426.285 to provide financial assistance to persons with physical disabilities;

      (b) The programs established pursuant to chapter 426A of NRS to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;

      (c) The program established pursuant to NRS 426.295 to provide devices for telecommunication to deaf persons and persons with impaired speech or hearing;

      (d) Any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.;

      (e) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

      (f) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

      6.  Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

      7.  Ensure that state and local governmental agencies comply with the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 176 (Chapter 65, SB 473)ê

 

      8.  Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

      (a) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

      (b) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

      9.  Publish a biennial report which:

      (a) Reviews the current and projected capacity of:

             (1) Services available to persons with disabilities pursuant to the State Plan for Medicaid;

             (2) Waivers to the State Plan for Medicaid for the provision of home and community-based services in this State;

             (3) Services available to persons with disabilities from counties and other local governmental entities in this State; and

             (4) Any other services available to persons with disabilities from any governmental or nonprofit agency;

      (b) Identifies the costs of existing and new services in the community for persons with disabilities;

      (c) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

      (d) Recommends plans to provide services or programs for persons with disabilities by using the data from any waiting lists of persons seeking such services or programs;

      (e) Reports the outcomes of persons with disabilities who have received services for persons with disabilities in this State; and

      (f) Reports the progress of the Office in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001.

      10.  Provide on or before January 15 of each year a report to the Governor and on or before January 15 of each odd-numbered year a report to the Legislature, including, without limitation:

      (a) A summary of the activities of the Office for the preceding fiscal year or 2 preceding fiscal years, if the report is provided to the Legislature;

      (b) Documentation of significant problems affecting persons with disabilities when accessing public services, if the Office is aware of any such problems;

      (c) A summary and analysis of the trends in the systems of care and services available for persons with disabilities; [and]

      (d) A summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and

      (e) Recommendations for improving the ability of the State of Nevada to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 177 (Chapter 65, SB 473)ê

 

      Sec. 44.  NRS 426.255 is hereby amended to read as follows:

      426.255  1.  The [Advisory] Committee on Communication Services for Deaf and Hard of Hearing Persons and Persons With Speech Disabilities is hereby created in the Office. The [Advisory] Committee consists of 11 people appointed by the Director of the Department. The Director shall appoint to the [Advisory] Committee:

      (a) One member who is employed by the Department and who participates in the administration of the program of this State which provides services to persons with communications disabilities which affect their ability to communicate;

      (b) One person who is a member of the Nevada Association of the Deaf;

      (c) [One member who is hard of hearing;

      (d) One representative of educators of persons who are deaf and hard of hearing;

      (e)] One member who is professionally qualified in the field of deafness;

      [(f) One member whose speech is impaired;

      (g)] (d) The Executive Director of the Nevada Telecommunications Association [;

      (h) Two representatives of the deaf and hard of hearing centers operated by this State, who are ex officio members; and

      (i) Two representatives of the program to purchase, maintain, repair and distribute devices for telecommunication developed and administered pursuant to NRS 426.295, who are ex officio members.] or, in the event of its dissolution, a member who represents the telecommunications industry;

      (e) One member who is a consumer of telecommunications relay services;

      (f) One member who is a consumer of Communication Access Realtime Translation or realtime captioning;

      (g) One member who is a consumer of services provided by a person engaged in the practice of interpreting;

      (h) One nonvoting member who is registered with the Office pursuant to NRS 656A.100 to engage in the practice of interpreting in a community setting and holds a certificate issued by the Registry of Interpreters for the Deaf, Inc., or its successor organization;

      (i) One nonvoting member who is registered with the Office pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting and has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital, or its successor organization, and received a rating of his level of proficiency in providing interpreting services at level 4 or 5;

      (j) One nonvoting member who is registered with the Office pursuant to NRS 656A.400 to engage in the practice of realtime captioning; and

      (k) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons with communications disabilities in elementary, secondary and postsecondary schools and the laws concerning the provision of those services.

      2.  After the initial term, the term of each member is 3 years. A member may be reappointed.

      3.  If a vacancy occurs during the term of a member, the Director of the Department shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 178 (Chapter 65, SB 473)ê

 

      4.  The [Advisory] Committee shall:

      (a) At its first meeting and annually thereafter, elect a Chairman from among its voting members; and

      (b) Meet at the call of the Director of the Department, the Chairman or a majority of its members as is necessary to carry out its responsibilities.

      5.  A majority of the voting members of the [Advisory] Committee constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the [Advisory] Committee.

      6.  Members of the [Advisory] Committee serve without compensation, except that each member is entitled, while engaged in the business of the [Advisory] Committee, to the per diem allowance and travel expenses provided for state officers and employees generally.

      7.  A member of the [Advisory] Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the [Advisory] Committee and perform any work necessary to carry out the duties of the [Advisory] Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the [Advisory] Committee to make up the time he is absent from work to carry out his duties as a member of the [Advisory] Committee or use annual vacation or compensatory time for the absence.

      8.  The [Advisory] Committee may:

      (a) Make recommendations to the Director of the Department and the Office concerning the establishment and operation of programs for persons with communications disabilities which affect their ability to communicate;

      (b) Recommend to the Director of the Department and the Office any proposed legislation concerning persons with communications disabilities which affect their ability to communicate; and

      (c) Collect information concerning persons with communications disabilities which affect their ability to communicate.

      9.  The Committee shall make recommendations to the Office concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.

      10.  As used in this section:

      (a) [“Person who is deaf” means a person who is not able to process information aurally and whose primary means of communication is visual.

      (b) “Person who is hard of hearing” means a person:

             (1) Who has a hearing deficit;

             (2) Who is able to process information aurally with or without the use of a hearing aid or any other device that enhances the ability of a person to hear; and

             (3) Whose primary means of communication may be visual.

      (c) “Person whose speech is impaired” means a person who has difficulty using his voice to communicate.] “Practice of interpreting” has the meaning ascribed to it in NRS 656A.060.

      (b) “Practice of realtime captioning” has the meaning ascribed to it in NRS 656A.062.

      (c) “Telecommunications relay services” has the meaning ascribed to it in 47 C.F.R. § 64.601.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 179 (Chapter 65, SB 473)ê

 

      Sec. 45.  NRS 426.295 is hereby amended to read as follows:

      426.295  1.  The Office shall develop and administer a program whereby:

      (a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Office to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; and

      (b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, without limitation, a wireless phone, with other persons through a dual-party relay system.

Ê The program must be approved by the Public Utilities Commission of Nevada.

      2.  A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this State and on each personal wireless access line of each customer of any company that provides wireless phone services in this State which is sufficient to [cover] :

      (a) Cover the costs of the program [and to fund] ;

      (b) Fund the deaf and hard of hearing centers operated by this State [.] ; and

      (c) Cover the costs incurred by the Office to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Office pursuant to NRS 656A.800.

Ê The Commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.

      3.  The Account for Services for Persons With Impaired Speech or Hearing is hereby created within the State General Fund and must be administered by the Office. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the State Treasury for credit to the Account. The money in the Account may be used only:

      (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication, including the distribution of devices to state agencies and nonprofit organizations;

      (b) To establish and maintain the dual-party relay system;

      (c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in collecting and transferring to the Commission the surcharge imposed by the Commission;

      (d) For the general administration of the program developed and administered pursuant to subsection 1;

      (e) To train persons in the use of the devices; [and]

      (f) To fund the deaf and hard of hearing centers operated by this State [.] ; and

      (g) To cover the costs incurred by the Office to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Office pursuant to NRS 656A.800.

      4.  For the purposes of this section:

      (a) “Device for telecommunication” means a device which is used to send messages through the telephone system, including, without limitation, the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 180 (Chapter 65, SB 473)ê

 

the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

      (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

      Sec. 46.  NRS 463.342 is hereby amended to read as follows:

      463.342  Any person who is the subject of a hearing conducted under the provisions of this chapter, or who is a witness at that hearing, and who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense [, subject to the provisions of NRS 50.052 and 50.053.] in accordance with the provisions of NRS 50.050 to 50.053, inclusive, and section 26 of this act. The interpreter must be [:

      1.  Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and

      2.  Appointed] appointed by the person who presides at the hearing.

      Sec. 47.  NRS 615.200 is hereby amended to read as follows:

      615.200  The Bureau may:

      1.  Enter into reciprocal agreements with other states, which, for this purpose, may include the District of Columbia, Puerto Rico, the Virgin Islands and Guam, to provide for the vocational rehabilitation of individuals within the states concerned;

      2.  Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;

      3.  Operate facilities for carrying out the purposes of this chapter;

      4.  In matters relating to vocational rehabilitation:

      (a) Conduct research, studies, investigations and demonstrations and make reports;

      (b) Provide training and instruction, including, without limitation, the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary;

      (c) Disseminate information; and

      (d) Render technical assistance; and

      5.  Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the Bureau . [; and

      6.  Maintain a list of persons who are qualified to engage in the practice of interpreting in this state pursuant to NRS 656A.100 to serve as interpreters for handicapped persons and shall make any such list available without charge to persons who request it.]

      Sec. 48.  1.  Not later than October 1, 2008, the Office of Disability Services of the Department of Health and Human Services shall, by regulation, establish:

      (a) The authorized scope of practice, level of education and the professional training, experience and certification for persons who engage in the practice of interpreting; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 181 (Chapter 65, SB 473)ê

 

      (b) The level of education and the professional training, experience and certification for persons who engage in the practice of realtime captioning required by section 12 of this act.

      2.  The Office shall, in establishing the authorized scope of practice, level of education and the professional training, experience and certification for persons who engage in the practice of interpreting, consider the recommendations submitted to the Legislative Committee on Persons with Disabilities created pursuant to NRS 218.53791 by the advisory committee to the Legislative Committee on Persons With Disabilities created pursuant to NRS 218.53796.

      Sec. 49.  1.  The terms of office of the members of the Advisory Committee on Deaf and Hard of Hearing Persons created by NRS 426.255 who were appointed pursuant to paragraphs (c), (d), (f), (h) and (i) of subsection 1 of NRS 426.255 expire on the date of passage and approval of this act.

      2.  As soon as practicable on or after the date of passage and approval of this act, the Director of the Department of Health and Human Services shall, as required by NRS 426.255, as amended by section 44 of this act, appoint the members to the Committee on Communication Services for Deaf and Hard of Hearing Persons and Persons With Speech Disabilities.

      3.  Notwithstanding the provisions of NRS 426.255, as amended by section 44 of this act, the members who the Director is required to appoint to the Committee pursuant to:

      (a) Paragraph (h) of subsection 1 of NRS 426.255, as amended by section 44 of this act, must be an interpreter who holds a certificate issued by the Registry of Interpreters for the Deaf, Inc., or its successor organization, and is qualified to engage in the practice of interpreting in this State pursuant to NRS 656A.100 on the date of passage and approval of this act.

      (b) Paragraph (i) of subsection 1 of NRS 426.255, as amended by section 44 of this act, must be an interpreter who:

             (1) Has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital, or its successor organization;

             (2) Has received a rating of his level of proficiency in providing interpreting services at level 4 or 5; and

             (3) Is qualified to engage in the practice of interpreting in this State pursuant to NRS 656A.100 on the date of passage and approval of this act.

      (c) Paragraph (j) of subsection 1 of NRS 426.255, as amended by section 44 of this act, must be an interpreter who is qualified to engage in the practice of realtime captioning in this State pursuant to NRS 656A.400 on the date of passage and approval of this act.

      Sec. 50.  Notwithstanding the provisions of NRS 656A.100, as amended by section 23 of this act, a person who wishes to register with the Office of Disability Services of the Department of Health and Human Services as an apprentice level interpreter in an educational setting and who is employed as an interpreter in an educational setting on the date of passage and approval of this act is not required to comply with the requirements of subparagraph (1) of paragraph (g) of subsection 1 of NRS 656A.100, as amended by section 23 of this act.

      Sec. 51.  Notwithstanding the provisions of NRS 656A.800, as amended by section 25 of this act, a person who engages in the practice of interpreting or the practice of realtime captioning in this State is not required to register with the Office of Disability Services of the Department of Health and Human Services before October 1, 2008.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 182 (Chapter 65, SB 473)ê

 

to register with the Office of Disability Services of the Department of Health and Human Services before October 1, 2008.

      Sec. 52.  This act becomes effective:

      1.  Upon passage and approval, for the purposes of:

      (a) Adopting regulations by the Office of Disability Services of the Department of Health and Human Services;

      (b) Appointing members to the Committee on Communication Services for Deaf and Hard of Hearing Persons and Persons With Speech Disabilities created by NRS 426.255, as amended by section 44 of this act; and

      (c) Performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On October 1, 2008, for all other purposes.

________

 

CHAPTER 66, AB 72

Assembly Bill No. 72–Assemblymen Gansert, Allen, Anderson, Carpenter, Cobb, Conklin, Gerhardt, Goedhart, Horne, Mabey, Manendo, Mortenson, Oceguera, Ohrenschall and Segerblom

 

CHAPTER 66

 

AN ACT relating to crimes; specifying that the crime of luring a child includes luring a person believed to be a child; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from luring a child who is less than 16 years of age and who is at least 5 years younger than the person. (NRS 201.560) This bill amends existing law to specify that a person also violates this provision when he knowingly contacts or communicates with or attempts to contact or communicate with someone whom he believes to be a child less than 16 years of age and at least 5 years younger than he is with the intent to persuade or lure the person believed to be a child to engage in sexual conduct.

      A violation of the amendatory provisions of this bill constitutes the crime of luring a child and is considered a “sexual offense” or “sexual offense against a child” in certain circumstances for the purposes of several provisions of existing law. Such provisions include, without limitation, provisions requiring registration of sex offenders, community notification of sex offenders, lifetime supervision of sex offenders and special restrictions and conditions concerning parole of sex offenders as well as provisions specifically authorizing disciplinary action against a teacher or other licensed employee of a school convicted of the crime of luring a child. (NRS 62C.120, 62F.100, 62H.010, 62H.220, 176.0931, 176.133, 178.5698, 179.245, 179.460, 179A.073, 179A.280, 179D.410, 179D.620, 200.366, 213.107, 213.1214, 213.1245, 213.1255, 213.1258, 391.311, 391.314, 391.330) Thus, for example, NRS 176.0931 would require a court to impose lifetime supervision upon a person convicted of luring or attempting to lure a person whom he believed to be a child with the intent to persuade or lure the person believed to be a child to engage in sexual conduct. Further, NRS 213.1258 would provide that if the State Board of Parole Commissioners grants parole to a person convicted of luring or attempting to lure a person whom he believed to be a child through the use of a computer, system or network with the intent to persuade or lure the person believed to be a child to engage in sexual conduct, the Board, under certain circumstances, must impose as a condition of the parole that the parolee not own or use a computer. In addition, NRS 391.330 would provide that a conviction for luring or attempting to lure a person believed to be a child with the intent to persuade or lure that person to engage in sexual conduct constitutes grounds for the State Board of Education to suspend or revoke the license of a teacher, administrator or any other licensed employee.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 183 (Chapter 66, AB 72)ê

 

would provide that a conviction for luring or attempting to lure a person believed to be a child with the intent to persuade or lure that person to engage in sexual conduct constitutes grounds for the State Board of Education to suspend or revoke the license of a teacher, administrator or any other licensed employee.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 201.560 is hereby amended to read as follows:

      201.560  1.  Except as otherwise provided in subsection 3, a person [shall not knowingly contact or communicate with or attempt] commits the crime of luring a child if the person knowingly contacts or communicates with or attempts to contact or communicate with [a] :

      (a) A child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from his home or from any location known to his parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:

      [(a)] (1) Without the express consent of the parent or guardian or other person legally responsible for the child; and

      [(b)] (2) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child [.] ; or

      (b) Another person whom he believes to be a child who is less than 16 years of age and at least 5 years younger than he is, regardless of the actual age of that other person, with the intent to persuade or lure the person to engage in sexual conduct.

      2.  Except as otherwise provided in subsection 3, a person [shall not knowingly contact or communicate] commits the crime of luring a mentally ill person if he knowingly contacts or communicates with a mentally ill person with the intent to persuade, lure or transport the mentally ill person away from his home or from any location known to any person legally responsible for the mentally ill person to a place other than where the mentally ill person is located:

      (a) For any purpose that a reasonable person under the circumstances would know would endanger the health, safety or welfare of the mentally ill person;

      (b) Without the express consent of the person legally responsible for the mentally ill person; and

      (c) With the intent to avoid the consent of the person legally responsible for the mentally ill person.

      3.  The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child , person believed to be a child or mentally ill person.

      4.  A person who violates or attempts to violate the provisions of this section through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child , person believed to be a child or mentally ill person or to cause the child , person believed to be a child or mentally ill person to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 184 (Chapter 66, AB 72)ê

 

state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;

      (b) By providing the child , person believed to be a child or mentally ill person with material that is harmful to minors or requesting the child , person believed to be a child or mentally ill person to provide the person with material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      5.  A person who violates or attempts to violate the provisions of this section in a manner other than through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child , person believed to be a child or mentally ill person or to cause the child , person believed to be a child or mentally ill person to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and may be further punished by a fine of not more than $10,000;

      (b) By providing the child , person believed to be a child or mentally ill person with material that is harmful to minors or requesting the child , person believed to be a child or mentally ill person to provide the person with material that is harmful to minors, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and may be further punished by a fine of not more than $10,000; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      6.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Harmful to minors” has the meaning ascribed to it in NRS 201.257.

      (c) “Material” means anything that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.

      (d) “Mentally ill person” means a person who has any mental dysfunction leading to impaired ability to maintain himself and to function effectively in his life situation without external support.

      (e) “Network” has the meaning ascribed to it in NRS 205.4745.

      (f) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.

      (g) “System” has the meaning ascribed to it in NRS 205.476.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 185ê

 

CHAPTER 67, AB 77

Assembly Bill No. 77–Committee on Judiciary

 

CHAPTER 67

 

AN ACT relating to criminal procedure; revising provisions for determining whether a defendant is competent to stand trial or be punished for a criminal offense; requiring all other departments of the court which has suspended a trial to determine competency of a defendant to suspend any other proceedings related to the defendant; reducing the time by which a court must determine competency when a trial is not requested; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a person may not be tried or punished for a criminal offense while he is incompetent and defines the term “incompetent.” (NRS 178.400) Section 1 of this bill revises the definition of “incompetent” to include a person who does not have the present ability to understand the nature and purpose of the court proceedings or to assist his counsel with a reasonable degree of rational understanding.

      Existing law requires the court to suspend proceedings if a question arises as to the competency of a criminal defendant until the question of competence is resolved. (NRS 178.405) Section 2 of this bill clarifies that competency may be determined at any time after the arrest of a defendant. Section 2 also requires the suspension of any other proceedings relating to the defendant once the question of competency is raised until the defendant is determined to be competent.

      In certain circumstances, existing law requires the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services to evaluate the competency of certain criminal defendants and to send a written report of his findings and opinions regarding the competency of the defendant to the court. (NRS 178.455) Section 3 of this bill requires the Administrator, in evaluating the competency of a defendant, to consider and make findings concerning each of the factors for determining whether a person meets the definition of incompetent. (NRS 178.455)

      Existing law provides that the district attorney or counsel for the defendant may request a hearing on the report prepared by the Administrator. Sections 3 and 4 of this bill revise the time by which the court, when no hearing is requested, is required to make and enter its finding of competence or incompetence of the defendant from within 20 days to within 10 days after the Administrator sends the court the report required pursuant to NRS 178.455. (NRS 178.455, 178.460)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 178.400 is hereby amended to read as follows:

      178.400  1.  A person may not be tried or adjudged to punishment for a public offense while he is incompetent.

      2.  For the purposes of this section, “incompetent” means that the person [is not of sufficient mentality to be able to understand] does not have the present ability to:

      (a) Understand the nature of the criminal charges against him [, and because of that insufficiency, is not able to aid] ;

      (b) Understand the nature and purpose of the court proceedings; or

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 186 (Chapter 67, AB 77)ê

 

      (c) Aid and assist his counsel in the defense [interposed upon the trial or against the pronouncement of the judgment thereafter.] at any time during the proceedings with a reasonable degree of rational understanding.

      Sec. 2.  NRS 178.405 is hereby amended to read as follows:

      178.405  1.  Any time after the arrest of a defendant, including, without limitation, proceedings before trial, [or] during trial, when upon conviction the defendant is brought up for judgment [,] or when a defendant who has been placed on probation or whose sentence has been suspended is brought before the court, if doubt arises as to the competence of the defendant, the court shall suspend the proceedings, the trial or the pronouncing of the judgment, as the case may be, until the question of competence is determined.

      2.  If the proceedings, the trial or the pronouncing of the judgment are suspended, the court must notify any other departments of the court of the suspension in writing. Upon receiving such notice, the other departments of the court shall suspend any other proceedings relating to the defendant until the defendant is determined to be competent.

      Sec. 3.  NRS 178.455 is hereby amended to read as follows:

      178.455  1.  Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team who is certified pursuant to NRS 178.417 to evaluate the defendant. The Administrator or his designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist, must be certified pursuant to NRS 178.417 and must not be a member of the treatment team. Upon the completion of the evaluation and treatment of the defendant, the Administrator or his designee shall report to the court in writing his specific findings and opinion upon [:

      (a) Whether] whether the person [is of sufficient mentality] has the present ability to [understand] :

      (a) Understand the nature of the offense charged;

      (b) Understand the nature and purpose of the court proceedings; and

      (c) [Whether the person is of sufficient mentality to aid] Aid and assist his counsel [in the defense of the offense charged, or to show cause why judgment should not be pronounced; and]

      [(c)] in the defense at any time during the proceedings with a reasonable degree of rational understanding.

      2.  If the Administrator or his designee finds that the person [is not of sufficient mentality] does not have the present ability pursuant to [paragraphs] paragraph (a) , [and] (b) or (c) of subsection 1 to [be placed upon trial or receive pronouncement of judgment,] understand or to aid and assist his counsel during the court proceedings, the Administrator or his designee shall include in the written report the reasons for the finding and whether there is a substantial probability that he can receive treatment to competency and will attain competency in the foreseeable future.

      [2.] 3.  A copy of the report must be:

      (a) Maintained by the Administrator of the Division of Mental Health and Developmental Services or his designee and incorporated in the medical record of the person; and

      (b) Sent to the office of the district attorney and to the counsel for the outpatient or person committed.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 187 (Chapter 67, AB 77)ê

 

      [3.] 4.  In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator of the Division of Mental Health and Developmental Services or his designee:

      (a) Send a copy of the report by the Administrator or his designee to the prosecuting attorney and to the defendant’s counsel;

      (b) Hold a hearing, if one is requested within 10 days after the report is sent pursuant to paragraph (a), at which the attorneys may examine the Administrator or his designee or the members of the defendant’s treatment team on the determination of the report; and

      (c) Within 10 days after the hearing, if any, or [20] 10 days after the report is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.

      Sec. 4.  NRS 178.460 is hereby amended to read as follows:

      178.460  1.  If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.

      2.  If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division of Mental Health and Developmental Services of the Department of Health and Human Services to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

      3.  Within 10 days after the hearing or [20] 10 days after the report is sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:

      (a) Whether there is substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

      (b) Whether the defendant is at that time a danger to himself or to society.

      4.  If the judge finds the defendant:

      (a) Competent, the judge shall, within 10 days, forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.

      (b) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.

      (c) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 188 (Chapter 67, AB 77)ê

 

remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

      (d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.

      5.  No person who is committed under the provisions of this chapter may be held in the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his designee longer than the longest period of incarceration provided for the crime or crimes with which he is charged or 10 years, whichever period is shorter. Upon expiration of the applicable period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.

________

 

CHAPTER 68, AB 117

Assembly Bill No. 117–Assemblyman Carpenter

 

CHAPTER 68

 

AN ACT relating to divorce; providing that the parents, guardians, siblings and witnesses of parties to an action for divorce must not be excluded from observing the proceedings under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows a court in any action for a divorce to exclude certain persons from the proceedings upon demand of either party. (NRS 125.080) This bill provides that the parents, guardians, siblings and witnesses of the parties must not be excluded from observing the proceedings unless good cause is shown.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125.080 is hereby amended to read as follows:

      125.080  1.  In any action for divorce , the court shall, upon demand of either party, direct that the trial and issue or issues of fact joined therein be private . [, and upon such direction]

      2.  Except as otherwise provided in subsection 3, upon such demand of either party, all persons [shall] must be excluded from the court or chambers wherein the action is tried, except [the officers of the court, the parties, and their witnesses and counsel.] :

      (a) The officers of the court;

      (b) The parties;

      (c) The counsel for the parties;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 189 (Chapter 68, AB 117)ê

 

      (d) The witnesses for the parties;

      (e) The parents or guardians of the parties; and

      (f) The siblings of the parties.

      3.  The court may, upon oral or written motion of either party, order a hearing to determine whether to exclude the parents, guardians or siblings of either party, or witnesses for either party, from the court or chambers wherein the action is tried. If good cause is shown for the exclusion of any such person, the court shall exclude any such person from the court or chambers wherein the action is tried.

________

 

CHAPTER 69, AB 250

Assembly Bill No. 250–Committee on Education

 

CHAPTER 69

 

AN ACT relating to education; revising the requirements relating to emergency drills for pupils in private elementary and secondary educational institutions; revising provisions relating to the inspection of such institutions; revising the provision governing the fees relating to such institutions; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires every private school to provide emergency drills for pupils at least twice each month during the school year. (NRS 394.170) Section 1 of this bill reduces the minimum number of required emergency drills each month to one drill.

      The Private Elementary and Secondary Education Authorization Act governs the operation of private elementary and secondary educational institutions in this State. (NRS 394.201-394.351) Certain institutions are exempt from the Act, including institutions offering religious or sectarian instruction. (NRS 394.211) Section 2 of this bill exempts institutions maintained by another state or the District of Columbia and supported by public money.

      To obtain and maintain their exempt status, eligible institutions must initially file an exemption with the State Board of Education and file a renewal of the exemption with the Board every 2 years. Section 2 of this bill requires the Superintendent of Public Instruction, upon receipt of an exemption or renewal of an exemption for an institution, to cause an inspection of the exempt institution to be conducted to ensure compliance with all applicable laws, including laws relating to health and safety.

      Under existing law, a license other than a provisional license to operate a nonexempt private elementary or secondary educational institution is effective for a term of not more than 2 years unless authorization is given in certain circumstances for a term of not more than 4 years. (NRS 394.251) Existing law requires the Superintendent of Public Instruction to cause an inspection of each licensed institution to be conducted at least every 2 years. (NRS 394.245) Section 3 of this bill eliminates the 2-year requirement for inspections and requires the Superintendent of Public Instruction to cause an inspection to be conducted upon receipt of an application for a license or renewal of a license to operate. Section 4 of this bill also specifically authorizes the Superintendent to cause an inspection of a licensed institution to be conducted upon receipt of a verified complaint against the institution.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 190 (Chapter 69, AB 250)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 394.170 is hereby amended to read as follows:

      394.170  1.  The authorities in charge of every private school within this State shall provide drills for the pupils in the schools at least [twice] once in each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency, except a crisis governed by NRS 394.168 to 394.1699, inclusive. Not more than [three] two of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.

      2.  In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, the drills required by subsection 1 must be conducted under the supervision of the chief of the fire department of the city or town.

      3.  The State Fire Marshal shall prescribe general regulations governing the drills required by subsection 1 and shall, with the cooperation of the Superintendent of Public Instruction, arrange for the supervision of drills in schools where the drills are not supervised pursuant to subsection 2.

      4.  A copy of this section must be kept posted in every classroom of every private school by the principal or teacher in charge thereof.

      5.  The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.

      6.  Any violation of the provisions of this section is a misdemeanor.

      Sec. 2.  NRS 394.211 is hereby amended to read as follows:

      394.211  1.  The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:

      (a) Institutions exclusively offering instruction at any level of postsecondary education.

      (b) Institutions maintained by [the] this State , another state or the District of Columbia or any [of its] political subdivisions thereof and supported by public funds.

      (c) Institutions exclusively offering religious or sectarian studies.

      (d) Elementary and secondary educational institutions operated by churches, religious organizations and faith-based ministries.

      (e) Institutions licensed by the Commission.

      (f) Institutions operated by or under the direct administrative supervision of the Federal Government.

      (g) Natural persons who instruct pupils in their homes or in the pupils’ own homes, if this is not the only instruction those pupils receive.

      (h) Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, if the instruction is not operated for profit.

      (i) Institutions offering instruction solely in avocational and recreational areas.

      (j) Institutions or school systems in operation before July 1, 1975, as to courses of study approved by the Board pursuant to NRS 394.130, but those institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after that date. The official literature of an institution or school system describing the nature and purpose of the institution or school system as of June 30, 1975, is prima facie evidence of the nature and purpose on that date for the purposes of this chapter.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 191 (Chapter 69, AB 250)ê

 

institution or school system as of June 30, 1975, is prima facie evidence of the nature and purpose on that date for the purposes of this chapter.

      2.  Each person or educational institution claiming an exemption pursuant to the provisions of subsection 1 must file with the Board the exemption upon forms provided by the Department or in a letter containing the required information and signed by the person claiming the exemption or the person in charge of the educational institution claiming the exemption. The exemption expires 2 years after the last day of the calendar month in which the filing is made. The filing of a renewal of the exemption must be made not less than 60 days before the exemption expires.

      3.  Upon receipt of an exemption or a renewal of an exemption, the Superintendent shall cause an inspection of the educational institution to ensure that the institution operates in accordance with the provisions of all laws, regulations and ordinances that are applicable to the educational institution, including, without limitation, those provisions relating to the health and safety of persons on the premises of the educational institution. In carrying out the requirements of this subsection, the Superintendent may accept a certificate of inspection conducted on an educational institution, or other proof of inspection satisfactory to the Superintendent, issued by an appropriate agency or political subdivision of this State responsible for the inspection of buildings to ensure compliance with the applicable provisions of laws, regulations and ordinances.

      4.  Before a child enrolls in an institution that is exempt pursuant to this section, the institution shall provide written notice to the parents or legal guardian of the child that the institution is exempt from the Private Elementary and Secondary Education Authorization Act.

      Sec. 3.  NRS 394.245 is hereby amended to read as follows:

      394.245  The Superintendent shall cause an inspection of [each] an elementary or secondary educational institution to be conducted [at least every 2 years] upon receipt of an application for a license or for renewal of a license from that institution to ensure that the institution:

      1.  [Is operated] Operates in accordance with the provisions of all laws, regulations and ordinances relating to the health and safety of persons on the premises. In carrying out the requirements of this subsection, the Superintendent may accept a certificate of inspection conducted on an educational institution, or other proof of inspection satisfactory to the Superintendent, issued by an appropriate agency or political subdivision of this State responsible for the inspection of buildings to ensure compliance with the applicable provisions of laws, regulations and ordinances.

      2.  [Is maintaining] Maintains the records required by the regulations of the Board relating to administrators, supervisors, instructors and other educational personnel.

      3.  Has in force the insurance coverage required by the regulations of the Board. The institution shall provide to the person conducting the inspection an affidavit signed by the owner or administrator of the institution affirming that the insurance coverage for the institution is current.

      Sec. 4.  NRS 394.311 is hereby amended to read as follows:

      394.311  1.  Any person claiming damage either individually or as a representative of a class of complainants as a result of any act by an elementary or secondary educational institution or its agent, or both, which is a violation of the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it, may file with the Superintendent a verified complaint against the institution, its agent or both.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 192 (Chapter 69, AB 250)ê

 

Act or regulations promulgated under it, may file with the Superintendent a verified complaint against the institution, its agent or both. The complaint [shall] must set forth the alleged violation and contain other information as required by regulations of the Board. A complaint may also be filed by the Superintendent on his own motion or by the Attorney General.

      2.  The Superintendent shall investigate any verified complaint and may, [at his discretion,] as part of the investigation, cause an inspection of the elementary or secondary educational institution to be conducted. The Superintendent may attempt to effectuate a settlement by persuasion and conciliation. The Board may consider a complaint after 10 days’ written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.

      3.  If, after consideration of all evidence presented at a hearing, the Board finds that an elementary or secondary educational institution or its agent, or both, has engaged in any act which violates the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it, the Board shall issue and the Superintendent shall serve upon the institution or agent , or both, an order to cease and desist from such act. The Board may also, as appropriate, based on the Superintendent’s investigation or the evidence adduced at the hearing, or both, institute an action to revoke an institution’s license or an agent’s permit.

      Sec. 5.  NRS 394.331 is hereby amended to read as follows:

      394.331  All fees collected pursuant to the provisions of the Private Elementary and Secondary Education Authorization Act must be deposited in the State Treasury for credit to the appropriate account of the Department of Education, and no fees so collected are subject to refund. The fees to be collected by the Superintendent must accompany an application for a license to operate or for renewal of the license [,] or an application for an agent’s permit or for renewal of the permit, [or a filing for an exemption or for renewal of the exemption,] in accordance with the following schedule:

      1.  The application fee for the initial license of an elementary or secondary educational institution is $300.

      2.  The renewal fee for the license of an elementary or secondary educational institution is $250.

      3.  The application fee for a new license by reason of a change of ownership is $250.

      4.  The fee for an agent’s permit or for renewal of the permit is $50.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 193ê

 

CHAPTER 70, AB 261

Assembly Bill No. 261–Committee on Health and Human Services

 

CHAPTER 70

 

AN ACT relating to children; authorizing an agency which provides child welfare services to release to certain governmental agencies certain information concerning missing children who are in protective custody or with whom the agency has had contact; requiring an agency which provides child welfare services to release, upon request, certain information relating to a case of abuse or neglect which results in a fatality or near fatality; requiring the Legislative Auditor to receive and review certain information concerning certain children who suffer a fatality or near fatality; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      Existing law makes certain reports and records concerning reports of child abuse or neglect confidential except in certain circumstances and authorizes the release of certain information relating to data and information concerning reports and investigations of abuse and neglect of a child to specific persons. (NRS 432B.280, 432B.290) Section 2 of this bill authorizes an agency which provides child welfare services to release certain information relating to a missing child who is the subject of an investigation of abuse or neglect and who is in the protective custody of the agency which provides child welfare services or who is in the custody of another entity pursuant to the order of a juvenile court to certain governmental agencies that need the information to assist in locating the child and to carry out their duties in protecting children from abuse and neglect. The information that may be released includes the child’s name, age, physical description and photograph. The agencies receiving this information may disclose the information to members of the general public upon request.

      Section 3 of this bill requires an agency which provides child welfare services to release upon request certain information relating to a case of abuse or neglect of a child which results in a fatality or near fatality. The information that must be released includes the information that the Eighth Judicial District Court held in In re Clark County, 05-A510196 (April 4, 2006), may be disclosed in cases of child fatalities or near fatalities pursuant to the Child Abuse Prevention and Treatment Act of 1974, Public Law 93-247.

      Sections 8-12 of this bill require the Legislative Auditor to receive and review certain information concerning any child who has had contact with or who has been in the custody of an agency which provides child welfare services and who suffers a fatality or near fatality. The Legislative Auditor is required to release certain information concerning such children upon request.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  For purposes of assisting in locating a missing child who is the subject of an investigation of abuse or neglect and who is in the protective custody of an agency which provides child welfare services or in the custody of another entity pursuant to the order of the juvenile court, an agency which provides child welfare services may provide the following information to a federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse or neglect:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 194 (Chapter 70, AB 261)ê

 

information to a federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse or neglect:

      (a) The name of the child;

      (b) The age of the child;

      (c) A physical description of the child; and

      (d) A photograph of the child.

      2.  Information provided pursuant to subsection 1 is not confidential and may be disclosed to any member of the general public upon request.

      Sec. 3.  1.  Data or information concerning reports and investigations thereof made pursuant to this chapter must be made available pursuant to this section to any member of the general public upon request if the child who is the subject of a report of abuse or neglect suffered a fatality or near fatality. Any such data and information which is known must be made available not later than 48 hours after a fatality and not later than 5 business days after a near fatality. Except as otherwise provided in subsection 2, the data or information which must be disclosed includes, without limitation:

      (a) A summary of the report of abuse or neglect and a factual description of the contents of the report;

      (b) The date of birth and gender of the child;

      (c) The date that the child suffered the fatality or near fatality;

      (d) The cause of the fatality or near fatality, if such information has been determined;

      (e) Whether the agency which provides child welfare services had any contact with the child or a member of the child’s family or household before the fatality or near fatality and, if so:

             (1) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;

             (2) Whether the agency which provides child welfare services provided any child welfare services to the child or to a member of the child’s family or household before or at the time of the fatality or near fatality;

             (3) Whether the agency which provides child welfare services made any referrals for child welfare services for the child or for a member of the child’s family or household before or at the time of the fatality or near fatality;

             (4) Whether the agency which provides child welfare services took any other actions concerning the welfare of the child before or at the time of the fatality or near fatality; and

             (5) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the agency which provides child welfare services before the fatality or near fatality and, if so, the reasons that the case was closed; and

      (f) Whether the agency which provides child welfare services, in response to the fatality or near fatality:

             (1) Has provided or intends to provide child welfare services to the child or to a member of the child’s family or household;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 195 (Chapter 70, AB 261)ê

 

             (2) Has made or intends to make a referral for child welfare services for the child or for a member of the child’s family or household; and

             (3) Has taken or intends to take any other action concerning the welfare and safety of the child or any member of the child’s family or household.

      2.  An agency which provides child welfare services shall not disclose the following data or information pursuant to subsection 1:

      (a) Except as otherwise provided in subsection 3 of NRS 432B.290, data or information concerning the identity of the person responsible for reporting the abuse or neglect of the child to a public agency;

      (b) The name of the child who suffered a near fatality or the name of any member of the family or other person who lives in the household of the child who suffered the fatality or near fatality;

      (c) A privileged communication between an attorney and client; and

      (d) Information that may undermine a criminal investigation or pending criminal prosecution.

      3.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

      4.  As used in this section, “near fatality” means an act that places a child in serious or critical condition as verified orally or in writing by a physician, a registered nurse or other licensed provider of health care. Such verification may be given in person or by telephone, mail, electronic mail or facsimile.

      Sec. 4.  NRS 432B.280 is hereby amended to read as follows:

      432B.280  1.  [Reports] Except as otherwise provided in sections 2 and 3 of this act, reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.

      2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

      (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

      (b) As otherwise authorized pursuant to section 2 or 3 of this act;

      (c) As otherwise authorized or required pursuant to NRS 432B.290; or

      [(c)] (d) As otherwise required pursuant to NRS 432B.513,

Ê is guilty of a misdemeanor.

      Sec. 5.  NRS 432B.290 is hereby amended to read as follows:

      432B.290  1.  Except as otherwise provided in subsections 2 [, 5 and 6] and 3 and NRS 432B.513, and sections 2 and 3 of this act, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

      (a) A physician, if the physician has before him a child who he has reasonable cause to believe has been abused or neglected;

      (b) A person authorized to place a child in protective custody, if the person has before him a child who he has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 196 (Chapter 70, AB 261)ê

 

             (1) The child; or

             (2) The person responsible for the welfare of the child;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

      (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

      (g) The attorney and the guardian ad litem of the child;

      (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

      (i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

      (j) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (k) A team organized pursuant to NRS 432B.350 for the protection of a child;

      (l) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (m) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the [alleged] abuse or neglect of the child to a public agency is kept confidential;

      (n) The persons who are the subject of a report;

      (o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

      (p) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized, by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, Legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

      (q) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

      (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

      (s) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 197 (Chapter 70, AB 261)ê

 

      (t) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services; or

      (u) An employer in accordance with subsection 3 of NRS 432.100.

      2.  [Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of a report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

      (a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

      (b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

      (c) Such other information as is authorized for disclosure by a court pursuant to subsection 4.

      3.  An agency which provides child welfare services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning a report.

      4.  Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

      5.]  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

      (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

      (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

      [6.] 3.  An agency which provides child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

      [7.] 4.  Any person, except for:

      (a) The subject of a report;

      (b) A district attorney or other law enforcement officer initiating legal proceedings; or

      (c) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 198 (Chapter 70, AB 261)ê

 

Ê who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

      [8.] 5.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

      Sec. 6.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 12, inclusive, of this act.

      Sec. 7.  As used in sections 7 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8, 9 and 10 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020.

      Sec. 9.  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 10.  “Near fatality” means an act that places a child in serious or critical condition as verified orally or in writing by a physician, a registered nurse or other licensed provider of health care. Such verification may be given in person or by telephone, mail, electronic mail or facsimile.

      Sec. 11.  1.  Any time that a child who has had contact with, or who has been in the custody of, an agency which provides child welfare services suffers a fatality or a near fatality, the agency which provides child welfare services shall notify the Legislative Auditor or his designee and shall forward to the Legislative Auditor or his designee as soon as possible any files, notes, information and records which the agency has concerning the child, the manner in which the case was handled, any services that were provided to the child or the family of the child and any other relevant information.

      2.  The Legislative Auditor or his designee shall review the information obtained pursuant to subsection 1 to determine whether the case was handled in a manner which is consistent with state and federal law and to determine whether any measures, procedures or protocols could have assisted in preventing the fatality or near fatality.

      3.  Each agency which provides child welfare services shall:

      (a) Cooperate fully with the Legislative Auditor or his designee;

      (b) Provide the Legislative Auditor or his designee with any data, reports or information concerning a report or investigation of the abuse or neglect of a child and the response by the agency; and

      (c) Allow the Legislative Auditor to inspect, review and copy any records, reports and other documents relevant to his duties pursuant to this section.

      Sec. 12.  1.  Except as otherwise provided in subsections 2 and 3, upon request, the Legislative Auditor or his designee shall provide data and information obtained pursuant to section 11 of this act concerning a child who suffered a fatality or near fatality who had contact with or who was in the custody of an agency which provides child welfare services. The data or information which must be disclosed includes, without limitation:

      (a) A summary of the report of the abuse or neglect of the child and a factual description of the contents of the report;

      (b) The date of birth and gender of the child;

      (c) The date that the child suffered the fatality or near fatality;

      (d) The cause of the fatality or near fatality, if such information has been determined;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 199 (Chapter 70, AB 261)ê

 

      (e) Whether the agency which provides child welfare services had any contact with the child or a member of the child’s family or household before the fatality or near fatality and, if so:

             (1) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;

             (2) Whether the agency which provides child welfare services provided any child welfare services to the child or to a member of the child’s family or household before or at the time of the fatality or near fatality;

             (3) Whether the agency which provides child welfare services made any referrals for child welfare services for the child or for a member of the child’s family or household before or at the time of the fatality or near fatality;

             (4) Whether the agency which provides child welfare services took any other actions concerning the welfare of the child before or at the time of the fatality or near fatality; and

             (5) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the agency which provides child welfare services before the fatality or near fatality and, if so, the reasons that the case was closed; and

      (f) Whether the agency which provides child welfare services, in response to the fatality or near fatality:

             (1) Has provided or intends to provide child welfare services to the child or to a member of the child’s family or household;

             (2) Has made or intends to make a referral for child welfare services for the child or for a member of the child’s family or household; and

             (3) Has taken or intends to take any other action concerning the welfare and safety of the child or a member of the child’s family or household.

      2.  The Legislative Auditor or his designee shall not disclose information pursuant to subsection 1 unless the person making the request has requested such information from the agency which provides child welfare services and has been denied access to such information or has not received the information in a timely manner.

      3.  The Legislative Auditor or his designee shall not disclose the following data or information pursuant to subsection 1:

      (a) Except as otherwise provided in subsection 3 of NRS 432B.290, data or information concerning the identity of the person responsible for reporting the abuse or neglect of the child to a public agency;

      (b) The name of the child who suffered a near fatality or the name of any member of the family or other person who lives in the household of the child who suffered the fatality or near fatality;

      (c) A privileged communication between an attorney and client; or

      (d) Information that may undermine a criminal investigation or pending criminal prosecution.

      Sec. 13.  This act becomes effective on July 1, 2007.

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 200ê

 

CHAPTER 71, AB 306

Assembly Bill No. 306–Committee on Judiciary

 

CHAPTER 71

 

AN ACT relating to crimes; providing for the criminal and civil forfeiture of property and proceeds attributable to technological crimes; making certain changes to the membership and duties of the Advisory Board for the Nevada Task Force for Technological Crime; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the seizure, forfeiture and disposition of certain property and proceeds attributable to the commission of certain crimes. (NRS 179.1156-179.121) Existing law separately provides for the seizure, forfeiture and disposition of property and proceeds attributable to racketeering crimes. (NRS 207.350-207.520) Sections 2-14 of this bill provide for the seizure, forfeiture and disposition of property and proceeds attributable to any technological crime which is punishable as a felony. Section 18 of this bill revises the definition of a technological crime to include an attempt to commit or conspiracy to commit a technological crime. (NRS 205A.030)

      Section 6 of this bill provides for the criminal forfeiture of property attributable to any technological crime in certain circumstances and designates the procedures by which a court or jury may determine the extent to which certain property is subject to such criminal forfeiture. Section 7 of this bill provides that a criminal defendant who enters a plea of guilty to a technological crime may agree to the forfeiture of any property in the plea agreement. Sections 8 and 9 of this bill provide that a prosecutor may apply for an order to preserve property which may be subject to criminal forfeiture in certain circumstances. Section 10 of this bill gives the court the authority to order the forfeiture of certain property upon a verdict or plea of guilty to a technological crime.

      Section 11 of this bill provides for the forfeiture of property attributable to any technological crime in a civil action or proceeding brought by the Attorney General or a district attorney. In such a proceeding, the State is not required to plead or prove that a person has been charged with or convicted of any technological crime.

      Section 12 of this bill provides for the seizure of property subject to a criminal or civil forfeiture. Section 13 of this bill requires the appropriate city or county or the State to sell any forfeited property and provides for the distribution of the proceeds of such sales. Section 14 of this bill provides, with exceptions, for a 5-year statute of limitations on any action brought under the provisions of this bill.

      Section 16 of this bill provides that establishing allodial title in a homestead does not exempt the property from forfeiture pursuant to the new provisions of this bill. (NRS 115.010)

      Section 17 of this bill changes the name of the Advisory Board for the Nevada Task Force for Technological Crime to the Technological Crime Advisory Board. (NRS 205A.020) Sections 19-25 of this bill make certain changes concerning the membership and duties of the Board. (NRS 205A.040-205A.100) Sections 22 and 23 amend existing law to provide for the approval of certain actions of the Board by a two-thirds vote rather than by unanimous approval of the members of the Board. (NRS 205A.070, 205A.080) Section 24 amends existing law to provide for the distribution of money which is deposited into the Account for the Technological Crime Advisory Board as a result of the sale of forfeited property. (NRS 205A.090)

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 201 (Chapter 71, AB 306)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Proceeds” means any property, or that part of an item of property, derived directly or indirectly from a technological crime.

      Sec. 4.  “Property” includes, without limitation, any:

      1.  Real property or interest in real property.

      2.  Fixture or improvement to real property.

      3.  Personal property, whether tangible or intangible, or interest in personal property.

      4.  Conveyance, including, without limitation, any aircraft, vehicle or vessel.

      5.  Money, security or negotiable instrument.

      6.  Proceeds.

      Sec. 5.  “Technological crime” has the meaning ascribed to it in NRS 205A.030.

      Sec. 6.  1.  Except as otherwise provided in section 7 of this act, if an indictment or information filed in a criminal proceeding alleges that property was derived from, realized through, or used or intended for use in the course of a technological crime which is punishable as a felony and the extent of that property:

      (a) The jury; or

      (b) If the trial is without a jury, the court,

Ê shall, upon a conviction, determine at a separate hearing the extent of the property to be forfeited. If the indictment or information does not include such an allegation, the property is not subject to criminal forfeiture pursuant to this section.

      2.  If, at a hearing to determine the extent of the property to be forfeited pursuant to subsection 1, the jury or, if the hearing is without a jury, the court determines by a preponderance of the evidence that the property:

      (a) Was used or intended to be used in, or was used or intended to be used to facilitate, a technological crime; or

      (b) Was acquired during a technological crime or within a reasonable time after the technological crime and there was no likely source of such property other than the technological crime,

Ê the court shall order the forfeiture of the property.

      3.  The following property is subject to criminal forfeiture pursuant to subsection 1:

      (a) Any proceeds attributable to a technological crime;

      (b) Any property acquired directly or indirectly from a technological crime; and

      (c) Any property used or intended to be used in, or used or intended to be used to facilitate, a technological crime.

      4.  If property which is ordered to be criminally forfeited pursuant to subsection 1:

      (a) Cannot be located;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 202 (Chapter 71, AB 306)ê

 

      (b) Has been sold to a purchaser in good faith for value;

      (c) Has been placed beyond the jurisdiction of the court;

      (d) Has been substantially diminished in value by the conduct of the defendant;

      (e) Has been commingled with other property which cannot be divided without difficulty or undue injury to innocent persons; or

      (f) Is otherwise unreachable without undue injury to innocent persons,

Ê the court shall order the forfeiture of other property of the defendant up to the value of the property that is unreachable.

      Sec. 7.  1.  A defendant who agrees to enter a plea of guilty to a technological crime may agree to the forfeiture of any property as part of the agreement.

      2.  If the court accepts the plea of guilty, the court shall order the forfeiture of the property that the defendant agreed to forfeit pursuant to subsection 1.

      Sec. 8.  1.  The prosecuting attorney may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to criminal forfeiture pursuant to section 6 of this act if:

      (a) An indictment or information alleging a technological crime has been filed in a criminal proceeding and the extent of criminally forfeitable property is included therein or the court believes there is probable cause for such an inclusion;

      (b) The property is in the possession or control of the party against whom the order will be entered; and

      (c) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.

      2.  A temporary restraining order which is issued without notice may be issued for not more than 10 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.

      Sec. 9.  1.  After an information or indictment alleging a technological crime is filed in a criminal proceeding, the prosecuting attorney may request the court to:

      (a) Enter a restraining order or injunction;

      (b) Require the execution of a satisfactory bond;

      (c) Appoint a receiver; or

      (d) Take any other necessary action,

Ê to secure property which is subject to criminal forfeiture.

      2.  The court shall, after a hearing for which notice was given to any person whose rights in the property proposed for forfeiture would be affected, order such an action if the prosecuting attorney shows by a preponderance of the evidence that the action is necessary to preserve the defendant’s property which is subject to criminal forfeiture.

      3.  If no indictment or information alleging a technological crime has been filed, the court may, after such a hearing and upon a showing of the prosecuting attorney that:

      (a) There is probable cause to believe that the property for which the order is sought would be subject to criminal forfeiture; and

      (b) The requested order would not result in substantial and irreparable harm or injury to the party against whom the order is to be entered that outweighs the need to secure the property for the potential criminal forfeiture,

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 203 (Chapter 71, AB 306)ê

 

outweighs the need to secure the property for the potential criminal forfeiture,

Ê order an action to secure the property. Such an order may not be effective for more than 90 days unless it is extended for good cause or an indictment or information alleging a technological crime is filed and the extent of the criminally forfeitable property is listed therein.

      Sec. 10.  1.  Upon a verdict of guilty or a plea of guilty to a technological crime, the court may order the forfeiture of the appropriate property.

      2.  Upon entry of such an order, the court may:

      (a) Enter a restraining order or injunction;

      (b) Require the execution of a satisfactory bond;

      (c) Appoint a receiver; or

      (d) Take any other necessary action,

Ê to protect the interests of the State.

      Sec. 11.  1.  Except as otherwise provided in subsection 2, all property used in the course of, intended for use in the course of, derived from or gained through a technological crime is subject to civil forfeiture to the State.

      2.  Upon a showing by the owner of the property of the requisite facts, the following is not subject to forfeiture under this section:

      (a) Except as otherwise provided in paragraph (b), property used without the knowledge or consent of its owner; and

      (b) A means of transportation used by a person in the transaction of his business as a common carrier unless it appears the owner or person in charge of the common carrier consented to or had knowledge of the technological crime.

      3.  The State is not required to plead or prove that a person has been charged with or convicted of any technological crime. If proof of such conviction is made, and it is shown that the judgment of conviction has become final, the proof against any person is conclusive evidence of all facts necessary to sustain the conviction.

      4.  Any civil action or proceeding under this section must be instituted in the district court of the State in the county in which the prospective defendant resides or has committed any act which subjects him to criminal or civil liability pursuant to the provisions of sections 2 to 14, inclusive, of this act.

      Sec. 12.  1.  Property subject to forfeiture under section 6 or 11 of this act may be seized by a law enforcement agency upon process issued by a court. Before an order of civil forfeiture is issued without legal process, notice of the claim for forfeiture of real property may be given in the manner provided in NRS 14.010 and 14.015. A seizure of personal property may be made without legal process if the seizure is incident to:

      (a) A lawful arrest or search; or

      (b) An inspection under an administrative warrant.

      2.  Property seized or made the subject of notice under this section is deemed to be in the custody of the agency, subject only to orders of the court which has jurisdiction over the proceedings for forfeiture. An agency which has seized such property without process shall begin proceedings for forfeiture promptly. Such an action takes precedence over other civil proceedings. The seized property is subject to an action to claim the delivery of the property if the agency does not file the complaint for forfeiture within 60 days after the property is seized.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 204 (Chapter 71, AB 306)ê

 

forfeiture within 60 days after the property is seized. If a complaint for forfeiture is filed after an affidavit claiming delivery, the complaint must be treated as a counterclaim.

      3.  When property is seized pursuant to this section, pending forfeiture and final disposition, the law enforcement agency may:

      (a) Place the property under seal.

      (b) Remove the property to a place designated by the court.

      (c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.

      4.  The district attorney may institute civil proceedings under this section for the forfeiture of property subject to forfeiture pursuant to section 11 of this act. The Attorney General may institute such proceedings when the property is seized by a state agency. If a district attorney has not instituted such a proceeding or has not pursued one which was instituted, the Attorney General may intercede after giving 30 days’ written notice of his intention to do so to the district attorney. In any action so brought, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination in an action brought pursuant to this section, the district court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including, without limitation, the acceptance of satisfactory performance bonds, as the court deems proper in connection with any property or interest subject to forfeiture.

      5.  Upon a finding of civil liability under this section, the court may order the forfeiture of the appropriate property.

      Sec. 13.  1.  The State, county or city shall sell any property forfeited pursuant to section 6 or 11 of this act as soon as commercially feasible. Except as otherwise provided in subsection 2, the proceeds from such a sale must be used first for payment of all proper expenses of any proceedings for the forfeiture and sale, including, without limitation, any expenses for the seizure and maintenance of the property, advertising and court costs. The balance of the proceeds, if any, must be deposited in the Account for the Technological Crime Advisory Board created pursuant to NRS 205A.090.

      2.  If the property forfeited is encumbered by a bona fide security interest and the secured party shows that he did not consent or have knowledge of the violation causing the forfeiture, the State, county or city shall pay the existing balance or return the property to the secured party.

      Sec. 14.  A criminal action or proceeding pursuant to section 6 of this act may be commenced at any time within 5 years after the technological crime occurs. Except as otherwise provided in NRS 217.007, a civil action or proceeding pursuant to section 11 of this act may be commenced at any time within 5 years after the technological crime occurs. If a criminal prosecution, civil action or other proceeding is brought to punish, prevent or restrain a technological crime, the running of the period of limitations prescribed by this section with respect to any cause of action arising under section 11 of this act, which is based in whole or in part upon any matter complained of in the prosecution or proceeding, is suspended during the pendency of the prosecution or proceeding and for 2 years following termination of the prosecution or proceeding.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 205 (Chapter 71, AB 306)ê

 

      Sec. 15.  NRS 179.1156 is hereby amended to read as follows:

      179.1156  Except as otherwise provided in NRS 207.350 to 207.520, inclusive, and sections 2 to 14, inclusive, of this act, the provisions of NRS 179.1156 to [179.119,] 179.121, inclusive, govern the seizure, forfeiture and disposition of all property and proceeds subject to forfeiture.

      Sec. 16.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $350,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê by both husband and wife, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to [179.119,] 179.121, inclusive, or 207.350 to 207.520, inclusive [.] , or sections 2 to 14, inclusive, of this act.

      6.  Any declaration of homestead which has been filed before July 1, 2005, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2005.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 206 (Chapter 71, AB 306)ê

 

does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2005.

      Sec. 17.  NRS 205A.020 is hereby amended to read as follows:

      205A.020  “Board” means the Technological Crime Advisory Board [for the Nevada Task Force for Technological Crime] created pursuant to NRS 205A.040.

      Sec. 18.  NRS 205A.030 is hereby amended to read as follows:

      205A.030  “Technological crime” means the commission of, attempt to commit or conspiracy to commit any crime that involves, directly or indirectly, any component, device, equipment, system or network that, alone or in conjunction with any other component, device, equipment, system or network, is designed or has the capability to:

      1.  Be programmed; or

      2.  Generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound in a technological format, including, without limitation, a format that involves analog, digital, electronic, electromagnetic, magnetic or optical technology.

      Sec. 19.  NRS 205A.040 is hereby amended to read as follows:

      205A.040  1.  The Technological Crime Advisory Board [for the Nevada Task Force for Technological Crime] is hereby created.

      2.  The Board consists of [nine] 13 members as follows:

      (a) The Attorney General.

      (b) The Director of the Department of Information Technology.

      (c) One member of the Senate appointed by the Majority Leader of the Senate.

      (d) One member of the Assembly appointed by the Speaker of the Assembly.

      (e) [Five] Nine other persons appointed by the Governor as follows:

             (1) Two or more persons who represent major sectors of the economy of this State that are impacted significantly by technological crimes.

             (2) One [person who is an employee] or more persons who are employees of a law enforcement agency of this State.

             (3) One [person who is an employee] or more persons who are employees of a public educational institution within this State.

             (4) One [person who is a resident] or more persons who are residents of this State and who [is] are employed by the Federal Government.

      3.  Each member of the Board who is appointed to the Board serves for a term of 4 years. A vacancy on the Board in an appointed position must be filled in the same manner as the original appointment. A member may be reappointed to the Board.

      4.  The members of the Board shall elect a Chairman and Vice Chairman by majority vote. After the initial election, the Chairman and Vice Chairman shall hold office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Board shall elect a Chairman or Vice Chairman, as appropriate, from among its members for the remainder of the unexpired term.

      5.  The members of the Board:

      (a) Serve without compensation; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 207 (Chapter 71, AB 306)ê

 

      (b) May, upon written request, receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Board.

      6.  A member of the Board who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Board and perform any work necessary to carry out the duties of the Board in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Board to make up the time he is absent from work to carry out his duties as a member of the Board or use annual vacation or compensatory time for the absence.

      Sec. 20.  NRS 205A.050 is hereby amended to read as follows:

      205A.050  1.  The Board shall meet at least once every quarter and at the times and places specified by a call of the Chairman or a majority of the members of the Board.

      2.  Except as otherwise provided in subsection 3, a member of the Board may designate in writing a person to represent him at a meeting of the Board [.] if it is impractical for the member of the Board to attend the meeting. A representative who has been so designated:

      (a) Shall be deemed to be a member of the Board for the purpose of determining a quorum at the meeting; and

      (b) May vote on any matter that is voted on by the regular members of the Board at the meeting.

      3.  The Attorney General may designate a representative to serve in his place on the Board or attend a meeting of the Board in his place. The Director of the Department of Information Technology may designate a representative to serve in his place on the Board or attend a meeting of the Board in his place.

      4.  [Five] Seven members of the Board constitute a quorum. [A] Except as otherwise provided in NRS 205A.070 and 205A.080, a quorum may exercise all the power and authority conferred on the Board.

      5.  Notwithstanding any other provision of law, a member of the Board:

      (a) Is not disqualified from public employment or holding a public office because of his membership on the Board; and

      (b) Does not forfeit his public office or public employment because of his membership on the Board.

      Sec. 21.  NRS 205A.060 is hereby amended to read as follows:

      205A.060  The Board shall:

      1.  Facilitate cooperation between state, local and federal officers in detecting, investigating and prosecuting technological crimes.

      2.  Establish , support and assist in the coordination of activities between two multiagency task forces on technological crime, one based in Reno [for northern Nevada] and one based in Las Vegas , [for southern Nevada,] consisting of [:

      (a) Investigators and prosecutors] investigators and forensic examiners who are specifically trained to investigate [and prosecute] technological crimes . [; and

      (b) Persons from the private sector who are knowledgeable in the area of information technology or the prevention or detection of technological crimes.]

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 208 (Chapter 71, AB 306)ê

 

      3.  Coordinate and provide training and education for members of the general public, private industry and governmental agencies, including, without limitation, law enforcement agencies, concerning the statistics and methods of technological crimes and how to prevent , [and] detect and investigate technological crimes.

      4.  [Administer, with the assistance of members of private industry, a program to secure] Assist the Department of Information Technology in securing governmental information systems against illegal intrusions and other criminal activities.

      5.  Evaluate and recommend changes to the existing civil and criminal laws relating to technological crimes in response to current and projected changes in technology and law enforcement techniques.

      6.  Distribute money deposited pursuant to section 13 of this act into the Account for the Technological Crime Advisory Board in accordance with the provisions of NRS 205A.090.

      7.  Authorize the payment of expenses incurred by the Board in carrying out its duties pursuant to this chapter.

      Sec. 22.  NRS 205A.070 is hereby amended to read as follows:

      205A.070  1.  Upon [unanimous] approval by two-thirds of the members of the Board, the Board shall appoint an Executive Director of Technological Crime within the Office of the Attorney General.

      2.  The Executive Director is in the unclassified service of the State and serves at the pleasure of the Board.

      3.  The Board shall establish the qualifications, powers and duties of the Executive Director.

      Sec. 23.  NRS 205A.080 is hereby amended to read as follows:

      205A.080  Upon [unanimous] approval by two-thirds of the members of the Board, the Board shall appoint a full-time [secretary] administrative assistant who is in the unclassified service of the State , [and] serves at the pleasure of the Board [.] and reports to the Executive Director.

      Sec. 24.  NRS 205A.090 is hereby amended to read as follows:

      205A.090  1.  The Account for the Technological Crime Advisory Board [for the Nevada Task Force for Technological Crime] is hereby created in the State General Fund. The Board shall administer the Account.

      2.  The money in the Account must only be used to carry out the provisions of this chapter and pay the expenses incurred by the Board in the discharge of its duties, including, without limitation, the payment of any expenses related to the creation and subsequent activities of the task forces on technological crime.

      3.  For each criminal or civil forfeiture carried out pursuant to sections 2 to 14, inclusive, of this act, the Board shall distribute the money deposited into the Account pursuant to section 13 of this act in the following manner:

      (a) Not less than 25 percent to be retained in the Account for use by the Board to carry out the provisions of this chapter and to pay the expenses incurred by the Board in the discharge of its duties.

      (b) Not more than 75 percent to be distributed to the federal, state and local law enforcement agencies that participated in the investigation of the unlawful act giving rise to the criminal or civil forfeiture in accordance with the level of participation of each law enforcement agency as determined by the Board. If the participating law enforcement agencies have entered into an agreement to share any such money, the Board shall distribute the money to the law enforcement agencies in accordance with the provisions of the agreement.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 209 (Chapter 71, AB 306)ê

 

distribute the money to the law enforcement agencies in accordance with the provisions of the agreement.

      4.  Claims against the Account must be paid as other claims against the State are paid.

      [4.] 5.  The money in the Account must remain in the Account and must not revert to the State General Fund at the end of any fiscal year.

      Sec. 25.  NRS 205A.100 is hereby amended to read as follows:

      205A.100  1.  The Board may apply for any available grants and accept gifts, grants, appropriations or donations from any public or private source to assist the Board in carrying out its duties pursuant to the provisions of this chapter.

      2.  Any money received by the Board must be deposited in the Account for the Technological Crime Advisory Board [for the Nevada Task Force for Technological Crime] created pursuant to NRS 205A.090.

________

 

CHAPTER 72, AB 307

Assembly Bill No. 307–Assemblymen Claborn, Anderson, Koivisto, Arberry, Buckley, Conklin, Goedhart, Hogan, Horne, Kihuen, Leslie, Manendo, McClain, Mortenson, Munford, Smith and Stewart

 

Joint Sponsors: Senators Beers, Hardy, Horsford, McGinness, Rhoads, Schneider, Titus, Wiener and Woodhouse

 

CHAPTER 72

 

AN ACT relating to crimes; prohibiting the use of certain lasers and other light sources to interfere with the operation of an aircraft; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      This bill prohibits the willful use of a laser device or other similar light source with the intent to interfere with the operation of an aircraft. A violation of the provisions of this bill that does not result in injury to any person on the aircraft or damage to the aircraft is a misdemeanor. A violation that does result in injury to any person on the aircraft or damage to the aircraft or any equipment used to assist in the navigation or operation of the aircraft is a category E felony.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not willfully direct at an aircraft any light emitted from a laser device or other source which is capable of interfering with the vision of a person operating the aircraft with the intent to interfere with the operation of the aircraft.

      2.  A person who violates this section:

      (a) If the violation does not result in injury to any person on the aircraft or damage to the aircraft, is guilty of a misdemeanor.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 210 (Chapter 72, AB 307)ê

 

      (b) If the violation results in injury to any person on the aircraft or damage to the aircraft or any equipment used to assist in the navigation or operation of the aircraft, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section:

      (a) “Aircraft” means any contrivance intended for and capable of transporting persons through airspace.

      (b) “Laser device” means a device that uses the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave.

________

 

CHAPTER 73, AB 20

Assembly Bill No. 20–Committee on Judiciary

 

CHAPTER 73

 

AN ACT relating to juries; revising the provisions pertaining to travel costs that jurors are entitled to receive; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      This bill decreases the required distance a juror’s home must be located from the court in order to receive travel costs from 65 miles or more to 30 miles or more. (NRS 6.150)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice court is entitled to a fee of $40 for each day after the second day of jury selection that he is in attendance in response to the venire or summons, including Sundays and holidays.

      2.  Each grand juror and trial juror in the district court or justice court actually sworn and serving is entitled to a fee of $40 a day as compensation for each day of service.

      3.  In addition to the fees specified in subsections 1 and 2, a board of county commissioners may provide that, for each day of such attendance or service, each person is entitled to be paid a per diem allowance in an amount equal to the allowance for meals provided for state officers and employees generally while away from the office and within this State pursuant to subsection 1 of NRS 281.160.

      4.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice court and each grand juror and trial juror in the district court or justice court is entitled to receive 36.5 cents a mile for each mile necessarily and actually traveled if the home of the person summoned or serving as a juror is [65] 30 miles or more from the place of trial.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 211 (Chapter 73, AB 20)ê

 

      5.  If the home of a person summoned or serving as such a juror is 65 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, he is entitled to receive an allowance for lodging at the rate provided by law for state employees, in addition to his daily compensation for attendance or service, for each day on which he does not return to his home.

      6.  In civil cases, any fee, per diem allowance or other compensation due each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury. If the party paying this money is the prevailing party, the money is recoverable as costs from the losing party. If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the money so paid is recoverable as costs from the losing party.

      7.  The money paid by a county clerk to jurors for their services in a civil action or proceeding, which he has received from the party demanding the jury, must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.

      Sec. 2.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 74, AB 505

Assembly Bill No. 505–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 74

 

AN ACT relating to elections; changing the period for the filing of declarations, acceptances and certificates of candidacy for certain judicial offices; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for a 10-day period for filing a declaration or acceptance of candidacy for an elective office in early May of an election year. (NRS 293.177)

      This bill establishes a 10-day period for filing a declaration or acceptance of candidacy for candidates seeking judicial office, other than the office of municipal judge, which begins on the first Monday in January and ends on the second Friday after the first Monday in January of an election year. This bill does not change the period for filing declarations or acceptances of candidacy by nonjudicial candidates.

      Existing law provides for a period beginning on the first Monday in April and ending on the first Friday in May of an election year during which 10 or more registered voters may file a certificate of candidacy designating any registered voter as a candidate for nomination for elective office. (NRS 293.180)

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 212 (Chapter 74, AB 505)ê

 

      This bill establishes a period beginning on the first Monday in December of the year immediately preceding an election year and ending on the first Friday in January of an election year during which 10 or more registered voters may file a certificate of candidacy designating a registered voter as a candidate for nomination for judicial office, other than the office of municipal judge. This bill does not change the period for the filing of certificates of candidacy for nonjudicial candidates by registered voters.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required by NRS 293.193 not earlier than :

      (a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in January; and

      (b) For all other candidates, the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in May.

      2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

      (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of ...........................................

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 213 (Chapter 74, AB 505)ê

 

ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                                        (Designation of name)

 

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

                                                                             (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

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

              Notary Public or other person

           authorized to administer an oath

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of ...........................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 214 (Chapter 74, AB 505)ê

 

complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

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

                                                                                        (Designation of name)

 

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

                                                                             (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

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

              Notary Public or other person

           authorized to administer an oath

 

      3.  The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if:

      (a) The candidate’s address is listed as a post office box unless a street address has not been assigned to his residence; or

      (b) The candidate does not present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the candidate’s name and residential address.

      4.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to paragraph (b) of subsection 3. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number or driver’s license or identification card number of the candidate.

      5.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 215 (Chapter 74, AB 505)ê

 

      6.  If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether he has had his civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

      7.  The receipt of information by the Attorney General or district attorney pursuant to subsection 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.

      Sec. 2.  NRS 293.180 is hereby amended to read as follows:

      293.180  1.  Ten or more registered voters may [, not earlier than the first Monday in April nor later than 5 p.m. on the first Friday in May,] file a certificate of candidacy designating any registered voter as a candidate for [his] :

      (a) Their major political party’s nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office [.] other than a judicial office, not earlier than the first Monday in April of the year in which the election is to be held nor later than 5 p.m. on the first Friday in May; or

      (b) Nomination for a judicial office, not earlier than the first Monday in December of the year immediately preceding the year in which the election is to be held nor later than 5 p.m. on the first Friday in January of the year in which the election is to be held.

      2.  When the certificate has been filed, the officer in whose office it is filed shall notify the person named in the certificate. If the person named in the certificate files an acceptance of candidacy and pays the required fee, as provided by law, he is a candidate in the primary election in like manner as if he had filed a declaration of candidacy.

      [2.] 3.  If a certificate of candidacy relates to a partisan office, all of the signers must be of the same major political party as the candidate designated.

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

________

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 216ê

 

CHAPTER 75, AB 28

Assembly Bill No. 28–Committee on Government Affairs

 

CHAPTER 75

 

AN ACT relating to public administration; reducing the number of times the Advisory Council of the Division of Industrial Relations of the Department of Business and Industry is required to meet annually; and providing other matters properly relating thereto.

 

[Approved: May 18, 2007]

 

Legislative Counsel’s Digest:

      This bill reduces the number of times that the Advisory Council of the Division of Industrial Relations of the Department of Business and Industry is required to meet annually from two times to one time. (NRS 232.580)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 232.580 is hereby amended to read as follows:

      232.580  1.  The Council shall meet at least [twice] once annually at [times and places] a time and place specified by a call of the Chairman, the Administrator or a majority of the Council. Special meetings, not to exceed six per year, may be held at the call of the Chairman, the Administrator or a majority of the Council.

      2.  The Council shall select from its members a Chairman and a Vice Chairman who shall hold office for 1 year. The Administrator shall act as Secretary of the Council.

      3.  The Council may prescribe such bylaws as it deems necessary for its operation.

      4.  Four members of the Council constitute a quorum, and a quorum may exercise all the power and authority conferred on the Council.

      Sec. 2.  This act becomes effective on January 1, 2008.

________

 

Link to Page 217