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ę2007 Statutes of Nevada, Page 2847 (Chapter 492, AB 440)ę

 

      Sec. 2.2.  Chapter 604A of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any other provision of law, a violation of any provision of section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto shall be deemed to be a violation of this chapter.

      Sec. 2.4.  NRS 604A.420 is hereby amended to read as follows:

      604A.420  Notwithstanding any other provision of law:

      1.  If a customer is [called to active duty in] a member of the military, a licensee shall:

      (a) [Defer for the duration of the active duty all collection activity against the customer and his property, including, without limitation, any community property in which the customer has an interest; and

      (b)] Honor the terms of any repayment plan between the licensee and customer, including, without limitation, any repayment plan negotiated through military counselors or third-party credit counselors.

      (b) Honor any proclamation by a base commander that a certain branch location of the licensee is off-limits to members of the military and their spouses.

      2.  [When collecting any defaulted loan,] If a customer is a member of the military, a licensee shall not:

      (a) Garnish or threaten to garnish any wages or salary [paid to a customer for active service in the military;] of the customer or his spouse; or

      (b) Contact or threaten to contact the military chain of command of a customer in an effort to collect the [defaulted] loan.

      3.  If a customer is a member of the military and is deployed to a combat or combat supporting position, a licensee shall not engage in any collection activity against the customer or his spouse.

      4.  As used in this section, “military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

      Sec. 2.6.  NRS 604A.930 is hereby amended to read as follows:

      604A.930  1.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, if a person violates any provision of NRS 604A.400, 604A.410 to 604A.500, inclusive, 604A.610, 604A.615, 604A.650 or 604A.655 or section 2.2 of this act or any regulation adopted pursuant thereto, the customer may bring a civil action against the person for : [any or all of the following relief:]

      (a) Actual and consequential damages;

      (b) Punitive damages, which are subject to the provisions of NRS 42.005;

      (c) Reasonable attorney’s fees and costs; and

      (d) Any other legal or equitable relief that the court deems appropriate.

      2.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, the customer may bring a civil action against a person pursuant to subsection 1 to recover an additional amount, as statutory damages, which is equal to $1,000 for each violation if the person knowingly:

      (a) Operates a check-cashing service, deferred deposit loan service, short-term loan service or title loan service without a license, in violation of NRS 604A.400;

 


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      (b) Fails to include in a loan agreement a disclosure of the right of the customer to rescind the loan, in violation of NRS 604A.410;

      (c) Violates any provision of NRS 604A.420;

      (d) Accepts collateral or security for a deferred deposit loan, in violation of NRS 604A.435, except that a check or written authorization for an electronic transfer of money shall not be deemed to be collateral or security for a deferred deposit loan;

      (e) Uses or threatens to use the criminal process in this State or any other state to collect on a loan made to the customer, in violation of NRS 604A.440;

      (f) Includes in any written agreement a promise by the customer to hold the person harmless, a confession of judgment by the customer or an assignment or order for the payment of wages or other compensation due the customer, in violation of NRS 604A.440;

      (g) Violates any provision of NRS 604A.485; [or]

      (h) Violates any provision of NRS 604A.490 [.] ; or

      (i) Violates any provision of section 2.2 of this act.

      3.  A person may not be held liable in any civil action brought pursuant to this section if the person proves, by a preponderance of evidence, that the violation:

      (a) Was not intentional;

      (b) Was technical in nature; and

      (c) Resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

      4.  For the purposes of subsection 3, a bona fide error includes, without limitation, clerical errors, calculation errors, computer malfunction and programming errors and printing errors, except that an error of legal judgment with respect to the person’s obligations under this chapter is not a bona fide error.

      Sec. 2.7.  NRS 11.190 is hereby amended to read as follows:

      11.190  Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      (d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

      3.  Within 3 years:

 


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      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

 


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      Sec. 2.8.  NRS 40.750 is hereby amended to read as follows:

      40.750  1.  As used in this section, “financial institution” means a bank, mortgage broker, mortgage banker, credit union, thrift company or savings and loan association, or any subsidiary or affiliate of a bank, mortgage broker, mortgage banker, credit union, thrift company or savings and loan association, which is authorized to transact business in this State and which makes or acquires, in whole or in part, any loan of the kind described in subsection 2.

      2.  Except as otherwise provided in subsection 5, a person who, for the purpose of obtaining a loan secured by a lien on real property, knowingly conceals a material fact, or makes a false statement concerning a material fact knowing that the statement is false, is liable to any financial institution or other lender which relied upon the absence of that concealed fact or on that false statement for any damages it sustains because of the fraud.

      3.  In addition to its actual damages, a financial institution or other lender may recover exemplary or punitive damages in an amount not to exceed 50 percent of the actual damages awarded.

      4.  The cause of action provided by this section:

      (a) Is not, for the purposes of NRS 40.430, an action for the recovery of any debt or an action for the enforcement of any right secured by mortgage or lien upon real estate.

      (b) Is in addition to and not in substitution for any right of foreclosure existing in favor of the financial institution [.] or other lender. Any recovery pursuant to this section does not limit the amount of a judgment awarded pursuant to NRS 40.459, but the financial institution or other lender is not entitled to recover actual damages more than once for the same loss.

      5.  The provisions of this section do not apply to any loan which is secured by a lien on real property used for residential purposes if:

      (a) The residence is a single-family dwelling occupied by the person obtaining the loan, as represented by him in connection with his application for the loan; and

      (b) The loan is for the principal amount of $150,000 or less.

      Sec. 2.9.  NRS 99.050 is hereby amended to read as follows:

      99.050  [Parties] Except as otherwise provided in section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto, parties may agree for the payment of any rate of interest on money due or to become due on any contract, for the compounding of interest if they choose, and for any other charges or fees. The parties shall specify in writing the rate upon which they agree, that interest is to be compounded if so agreed, and any other charges or fees to which they have agreed.

      Sec. 3.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who, with the intent to defraud a participant in a mortgage lending transaction:

      (a) Knowingly makes a false statement or misrepresentation concerning a material fact or deliberately conceals or fails to disclose a material fact;

      (b) Knowingly uses or facilitates the use of a false statement or misrepresentation made by another person concerning a material fact or deliberately uses or facilitates the use of another person’s concealment or failure to disclose a material fact;

 


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      (c) Receives any proceeds or any other money in connection with a mortgage lending transaction that the person knows resulted from a violation of paragraph (a) or (b);

      (d) Conspires with another person to violate any of the provisions of paragraph (a), (b) or (c); or

      (e) Files or causes to be filed with a county recorder any document that the person knows to include a misstatement, misrepresentation or omission concerning a material fact,

Ę commits the offense of mortgage lending fraud which is a category C felony and, upon conviction, 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, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  A person who engages in a pattern of mortgage lending fraud or conspires or attempts to engage in a pattern of mortgage lending fraud is guilty of a category B felony and, upon conviction, shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      3.  Each mortgage lending transaction in which a person violates any provision of subsection 1 constitutes a separate violation.

      4.  Except as otherwise provided in this subsection, if a lender or any agent of the lender is convicted of the offense of mortgage lending fraud in violation of this section, the mortgage lending transaction with regard to which the fraud was committed may be rescinded by the borrower within 6 months after the date of the conviction if the borrower gives written notice to the lender and records that notice with the recorder of the county in which the mortgage was recorded. A mortgage lending transaction may not be rescinded pursuant to this subsection if the lender has transferred the mortgage to a bona fide purchaser.

      5.  The Attorney General may investigate and prosecute a violation of this section.

      6.  As used in this section:

      (a) “Bona fide purchaser” means any person who purchases a mortgage in good faith and for valuable consideration and who does not know or have reasonable cause to believe that the lender or any agent of the lender engaged in mortgage lending fraud in violation of this section.

      (b) “Mortgage lending transaction” means any transaction between two or more persons for the purpose of making or obtaining, attempting to make or obtain, or assisting another person to make or obtain a loan that is secured by a mortgage or other lien on residential real property. The term includes, without limitation:

             (1) The solicitation of a person to make or obtain the loan;

             (2) The representation or offer to represent another person to make or obtain the loan;

             (3) The negotiation of the terms of the loan;

             (4) The provision of services in connection with the loan; and

             (5) The execution of any document in connection with making or obtaining the loan.

      (c) “Participant in a mortgage lending transaction” includes, without limitation:

 


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             (1) A borrower as defined in NRS 598D.020;

             (2) An escrow agent as defined in NRS 645A.010;

             (3) A foreclosure consultant as defined in section 9 of this act;

             (4) A foreclosure purchaser as defined in section 10 of this act;

             (5) An investor as defined in NRS 645B.0121;

             (6) A lender as defined in NRS 598D.050;

             (7) A mortgage agent as defined in NRS 645B.0125;

             (8) A mortgage banker as defined in NRS 645E.100; and

             (9) A mortgage broker as defined in NRS 645B.0127.

      (d) “Pattern of mortgage lending fraud” means one or more violations of a provision of subsection 1 committed in two or more mortgage lending transactions which have the same or similar intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics.

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

      Sec. 5.3.  NRS 645B.020 is hereby amended to read as follows:

      645B.020  1.  A person who wishes to be licensed as a mortgage broker must file a written application for a license with the Office of the Commissioner and pay the fee required pursuant to NRS 645B.050. An application for a license as a mortgage broker must:

      (a) [Be verified.

      (b)] State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage broker will conduct business within this State.

      [(c)] (b) State the name under which the applicant will conduct business as a mortgage broker.

      [(d)] (c) List the name, residence address and business address of each person who will:

             (1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.

             (2) Be associated with or employed by the mortgage broker as a mortgage agent.

      [(e)] (d) Include a general business plan and a description of the policies and procedures that the mortgage broker and his mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.

      [(f)] (e) State the length of time the applicant has been engaged in the business of a broker.

      [(g)] (f) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.

      [(h)] (g) Include all information required to complete the application.

      [(i)] (h) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.

      2.  If a mortgage broker will conduct business at one or more branch offices within this State, the mortgage broker must apply for a license for each such branch office.

      3.  Except as otherwise provided in this chapter, the Commissioner shall issue a license to an applicant as a mortgage broker if:

      (a) The application is verified by the Commissioner and complies with the requirements of this chapter; and

 


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      (b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

             (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage broker in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.

             (2) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude.

             (3) Has not made a false statement of material fact on his application.

             (4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645E of NRS suspended or revoked within the 10 years immediately preceding the date of his application.

             (5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.

             (6) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.

      Sec. 5.5.  NRS 645B.410 is hereby amended to read as follows:

      645B.410  1.  To obtain a license as a mortgage agent, a person must:

      (a) Be a natural person;

      (b) File a written application for a license as a mortgage agent with the Office of the Commissioner;

      (c) Comply with the applicable requirements of this chapter; and

      (d) Pay an application fee set by the Commissioner of not more than $185.

      2.  An application for a license as a mortgage agent must:

      (a) [Be verified;

      (b)] State the name and residence address of the applicant;

      [(c)] (b) Include a provision by which the applicant gives his written consent to an investigation of his credit history, criminal history and background;

      [(d)] (c) Include a complete set of fingerprints which the Division may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      [(e)] (d) Include a verified statement from the mortgage broker with whom the applicant will be associated that expresses the intent of that mortgage broker to associate the applicant with the mortgage broker and to be responsible for the activities of the applicant as a mortgage agent; and

      [(f)] (e) Include any other information or supporting materials required pursuant to the regulations adopted by the Commissioner or by an order of the Commissioner. Such information or supporting materials may include, without limitation, other forms of identification of the person.

      3.  Except as otherwise provided in this chapter, the Commissioner shall issue a license as a mortgage agent to an applicant if:

      (a) The application is verified by the Commissioner and complies with the applicable requirements of this chapter; and

      (b) The applicant:

             (1) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude;

 


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             (2) Has not had a financial services license suspended or revoked within the immediately preceding 10 years;

             (3) Has not made a false statement of material fact on his application;

             (4) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner; and

             (5) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage agent in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.

      4.  Money received by the Commissioner pursuant to this section must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

      Sec. 6.  Chapter 645F of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 20, inclusive, of this act.

      Sec. 7.  As used in sections 7 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 8.  “Covered service” includes, without limitation:

      1.  Financial counseling, including, without limitation, debt counseling and budget counseling.

      2.  Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a mortgage or other lien on a residence in foreclosure.

      3.  Contacting a creditor on behalf of a homeowner.

      4.  Arranging or attempting to arrange for an extension of the period within which a homeowner may cure his default and reinstate his obligation pursuant to a note, mortgage or deed of trust.

      5.  Arranging or attempting to arrange for any delay or postponement of the time of a foreclosure sale.

      6.  Advising the filing of any document or assisting in any manner in the preparation of any document for filing with a bankruptcy court.

      7.  Giving any advice, explanation or instruction to a homeowner which in any manner relates to the cure of a default in or the reinstatement of an obligation secured by a mortgage or other lien on the residence in foreclosure, the full satisfaction of the obligation, or the postponement or avoidance of a foreclosure sale.

      Sec. 9.  “Foreclosure consultant” means a person who, directly or indirectly, makes any solicitation, representation or offer to a homeowner to perform for compensation, or who, for compensation, performs any covered service that the person represents will do any of the following:

      1.  Prevent or postpone a foreclosure sale;

      2.  Obtain any forbearance from any mortgagee or beneficiary of a deed of trust;

      3.  Assist the homeowner to exercise the right of reinstatement provided in the legal documents;

      4.  Obtain any extension of the period within which the homeowner may reinstate the homeowner’s obligation;

      5.  Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a mortgage on a residence in foreclosure or included in the mortgage or deed of trust;

      6.  Assist the homeowner in foreclosure or loan default to obtain a loan or advance of money;

 


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      7.  Avoid or ameliorate the impairment of the homeowner’s credit resulting from the recording of a notice of default or the conduct of a foreclosure sale;

      8.  Save the homeowner’s residence from foreclosure; or

      9.  Assist the homeowner to obtain a foreclosure reconveyance.

      Sec. 10.  “Foreclosure purchaser” means a person who, in the course of his business, vocation or occupation, acquires or attempts to acquire title to a residence in foreclosure from a homeowner.

      Sec. 11.  1.  “Foreclosure reconveyance” means a transaction that involves:

      (a) The transfer of title to a residence in foreclosure by a homeowner during a foreclosure proceeding by:

             (1) The transfer of an interest in the residence in foreclosure from the homeowner; or

             (2) The creation of a mortgage or other lien during the foreclosure process that allows the acquirer to obtain title to the residence in foreclosure by redeeming the property as a junior lien holder; and

      (b) The subsequent conveyance, or promise of a subsequent conveyance, of an interest in the residence to the former homeowner by the acquirer, or a person acting in concert with the acquirer, that allows the former homeowner to remain in possession of the residence following the completion of the foreclosure proceeding.

      2.  As used in this section, “interest in the residence” includes, without limitation, an interest in a contract for a deed, a purchase agreement, and an option to purchase or lease.

      Sec. 12.  “Foreclosure sale” means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustee’s power of sale pursuant to NRS 107.080.

      Sec. 13.  “Homeowner” means the record owner of a residence in foreclosure at the time the notice of the pendency of an action for foreclosure is recorded pursuant to NRS 14.010 or the notice of default and election to sell is recorded pursuant to NRS 107.080.

      Sec. 14.  “Residence in foreclosure” means residential real property consisting of not more than four family dwelling units, one of which the homeowner occupies as his principal place of residence, and against which there is an outstanding notice of the pendency of an action for foreclosure recorded pursuant to NRS 14.010 or notice of default and election to sell recorded pursuant to NRS 107.080.

      Sec. 15.  The provisions of sections 7 to 20, inclusive, of this act do not apply to, and the terms “foreclosure consultant” and “foreclosure purchaser” do not include:

      1.  An attorney at law rendering services in the performance of his duties as an attorney at law;

      2.  A person, firm, company or corporation licensed to engage in the business of debt adjustment pursuant to chapter 676 of NRS while engaging in that business;

      3.  A person licensed as a real estate broker, broker-salesman or salesman pursuant to chapter 645 of NRS while acting under the authority of that license;

      4.  A person or the authorized agent of a person acting under the provisions of a program sponsored by the Federal Government, this State or a local government, including, without limitation, the Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Federal Home Loan Bank;

 


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or a local government, including, without limitation, the Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Federal Home Loan Bank;

      5.  A person who holds or is owed an obligation secured by a mortgage or other lien on a residence in foreclosure if the person performs services in connection with this obligation or lien and the obligation or lien did not arise as the result of or as part of a proposed foreclosure reconveyance;

      6.  Any person doing business under the laws of this State or of the United States relating to banks, trust companies, savings and loan associations, industrial loan and thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee which is a United States Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of those persons, and any agent or employee of those persons while engaged in the business of those persons;

      7.  A person licensed as an escrow agent, title agent, mortgage agent, mortgage broker or mortgage banker pursuant to chapter 645A, 692A, 645B or 645E of NRS, while acting under the authority of his license;

      8.  A nonprofit agency or organization that offers credit counseling or advice to a homeowner of a residence in foreclosure or a person in default on a loan; or

      9.  A judgment creditor of the homeowner whose claim accrued before the recording of the notice of the pendency of an action for foreclosure against the homeowner pursuant to NRS 14.010 or the recording of the notice of default and election to sell pursuant to NRS 107.080.

      Sec. 16.  A foreclosure consultant shall not:

      1.  Claim, demand, charge, collect or receive any compensation until after the foreclosure consultant has fully performed each covered service that he contracted to perform or represented he would perform.

      2.  Claim, demand, charge, collect or receive any fee, interest or other compensation for any reason which is not fully disclosed to the homeowner.

      3.  Take any wage assignment, lien on real or personal property, assignment of a homeowner’s equity or other interest in a residence in foreclosure or other security for the payment of compensation. Any such security is void and unenforceable.

      4.  Receive any consideration from any third party in connection with a covered service provided to a homeowner unless the consideration is first fully disclosed to the homeowner.

      5.  Acquire, directly or indirectly, any interest in the residence in foreclosure of a homeowner with whom the foreclosure consultant has contracted to perform a covered service.

      6.  Accept a power of attorney from a homeowner for any purpose, other than to inspect documents as provided by law.

      Sec. 17.  1.  In addition to any other remedy or penalty, the Commissioner may, after giving notice and opportunity to be heard, impose an administrative penalty of not more than $10,000 on a foreclosure consultant who violates any provision of section 16 of this act.

      2.  Except as otherwise provided in this section, all money collected from administrative penalties imposed pursuant to this section must be deposited in the State General Fund.

 


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      3.  The money collected from an administrative penalty may be deposited with the State Treasurer for credit to the Fund for Mortgage Lending created by NRS 645F.270 if:

      (a) The person pays the administrative penalty without exercising his right to a hearing to contest the penalty; or

      (b) The administrative penalty is imposed in a hearing conducted by a hearing officer or panel appointed by the Commissioner.

      4.  The Commissioner may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Commissioner to conduct hearings, determine violations and impose the penalties authorized by this section.

      5.  If money collected from an administrative penalty is deposited in the State General Fund, the Commissioner may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 18.  1.  A homeowner who is injured as a result of a foreclosure consultant’s violation of a provision of section 16 of this act may bring an action against the foreclosure consultant to recover damages caused by the violation, together with reasonable attorney’s fees and costs.

      2.  If the homeowner prevails in the action, the court may award such punitive damages as may be determined by a jury, or by a court sitting without a jury, but in no case may the punitive damages be less than 1 1/2 times the amount awarded to the homeowner as actual damages.

      Sec. 19.  A foreclosure purchaser who engages in any conduct that operates as a fraud or deceit upon a homeowner in connection with a transaction that is subject to the provisions of sections 7 to 20, inclusive, of this act, including, without limitation, a foreclosure reconveyance, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $50,000, or by both fine and imprisonment.

      Sec. 19.5.  1.  In addition to the penalty provided in section 19 of this act and except as otherwise provided in subsection 5, if a foreclosure purchaser engages in any conduct that operates as a fraud or deceit upon a homeowner in connection with a transaction that is subject to the provisions of sections 7 to 20, inclusive, of this act, including, without limitation, a foreclosure reconveyance, the transaction in which the foreclosure purchaser acquired title to the residence in foreclosure may be rescinded by the homeowner within 2 years after the date of the recording of the conveyance.

      2.  To rescind a transaction pursuant to subsection 1, the homeowner must give written notice to the foreclosure purchaser and a successor in interest to the foreclosure purchaser, if the successor in interest is not a bona fide purchaser, and record that notice with the recorder of the county in which the property is located. The notice of rescission must contain:

      (a) The name of the homeowner, the foreclosure purchaser and any successor in interest who holds title to the property; and

      (b) A description of the property.

      3.  Within 20 days after receiving notice pursuant to subsection 2:

      (a) The foreclosure purchaser and the successor in interest, if the successor in interest is not a bona fide purchaser, shall reconvey to the homeowner title to the property free and clear of encumbrances which were created subsequent to the rescinded transaction and which are due to the actions of the foreclosure purchaser; and

 


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ę2007 Statutes of Nevada, Page 2858 (Chapter 492, AB 440)ę

 

were created subsequent to the rescinded transaction and which are due to the actions of the foreclosure purchaser; and

      (b) The homeowner shall return to the foreclosure purchaser any consideration received from the foreclosure purchaser in exchange for the property.

      4.  If the foreclosure purchaser has not reconveyed to the homeowner title to the property within the period described in subsection 3, the homeowner may bring an action to enforce the rescission in the district court of the county in which the property is located.

      5.  A transaction may not be rescinded pursuant to this section if the foreclosure purchaser has transferred the property to a bona fide purchaser.

      6.  As used in this section, “bona fide purchaser” means any person who purchases an interest in a residence in foreclosure from a foreclosure purchaser in good faith and for valuable consideration and who does not know or have reasonable cause to believe that the foreclosure purchaser engaged in conduct which violates subsection 1.

      Sec. 20.  The rights, remedies and penalties provided pursuant to the provisions of sections 7 to 20, inclusive, of this act are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, any criminal penalty that may be imposed pursuant to section 19 of this act.

      Sec. 21.  Chapter 675 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 and 23 of this act.

      Sec. 22.  Notwithstanding any other provision of law, a violation of any provision of section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto shall be deemed to be a violation of this chapter.

      Sec. 23.  Notwithstanding any other provision of law:

      1.  If a borrower is a member of the military, a licensee shall:

      (a) Honor the terms of any repayment plan between the licensee and borrower, including, without limitation, any repayment plan negotiated through military counselors or third-party credit counselors.

      (b) Honor any proclamation by a base commander that a certain branch location of the licensee is off-limits to members of the military and their spouses.

      2.  If a borrower is a member of the military, a licensee shall not:

      (a) Garnish or threaten to garnish any wages or salary of the borrower or his spouse; or

      (b) Contact or threaten to contact the military chain of command of a borrower in an effort to collect the loan.

      3.  If a borrower is a member of the military and is deployed to a combat or combat supporting position, a licensee shall not engage in any collection activity against the borrower or his spouse.

      4.  As used in this section, “military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

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ę2007 Statutes of Nevada, Page 2859ę

 

CHAPTER 493, AB 186

Assembly Bill No. 186–Assemblymen Conklin, Kirkpatrick, Oceguera, Horne, Parks, Anderson, Arberry, Bobzien, Buckley, Claborn, Denis, Gerhardt, Hogan, Kihuen, Koivisto, Leslie, McClain, Ohrenschall, Pierce, Segerblom, Smith and Womack

 

CHAPTER 493

 

AN ACT relating to state financial administration; revising various provisions governing partial abatements of certain taxes by the Commission on Economic Development; revising various provisions governing the Solar Energy Systems Demonstration Program Act; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Commission on Economic Development to approve partial abatements of certain taxes imposed on new or expanded businesses. (NRS 360.750) Sections 10.3, 10.7 and 13.5 of this bill require a business that receives such a partial abatement to: (1) allow the Department of Taxation to conduct audits of the business to determine whether it is in compliance with the requirements for the partial abatement; and (2) consent to the disclosure of the audit reports to the Commission on Economic Development and to the public with certain limited exceptions.

      Under the Solar Energy Systems Demonstration Program Act, a certain number of schools which install solar energy systems are entitled to participate in the Demonstration Program and receive portfolio energy credits that may be sold to utilities seeking to comply with the portfolio standards. (Chapter 331, Statutes of Nevada 2003, pp. 1868-71) Section 11 of this bill increases the number of schools that may participate in the Demonstration Program and increases the kilowatts of capacity for solar energy systems in schools from 570 kilowatts to 2 megawatts for the years 2007, 2008 and 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-10.  (Deleted by amendment.)

      Sec. 10.3.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the Commission on Economic Development approves an application by a business for a partial abatement pursuant to NRS 360.750, the agreement with the Commission must provide that the business:

      (a) Agrees to allow the Department to conduct audits of the business to determine whether the business is in compliance with the requirements for the partial abatement; and

      (b) Consents to the disclosure of the audit reports in the manner set forth in this section.

      2.  If the Department conducts an audit of the business to determine whether the business is in compliance with the requirements for the partial abatement, the Department shall, upon request, provide the audit report to the Commission on Economic Development.

 


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ę2007 Statutes of Nevada, Page 2860 (Chapter 493, AB 186)ę

 

      3.  Until the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit, the information contained in the audit report provided to the Commission on Economic Development:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record; and

      (c) Must not be disclosed to any person who is not an officer or employee of the Commission on Economic Development unless the business consents to the disclosure.

      4.  After the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit:

      (a) The audit report provided to the Commission on Economic Development is a public record; and

      (b) Upon request by any person, the Executive Director of the Commission on Economic Development shall disclose the audit report to the person who made the request, except for any information in the audit report that is protected from disclosure pursuant to subsection 5.

      5.  Before the Executive Director of the Commission on Economic Development discloses the audit report to the public, the business may submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Executive Director shall determine whether to protect the information from disclosure. The decision of the Executive Director is final and is not subject to judicial review. If the Executive Director determines to protect the information from disclosure, the protected information:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record;

      (c) Must be redacted by the Executive Director from any audit report that is disclosed to the public; and

      (d) Must not be disclosed to any person who is not an officer or employee of the Commission on Economic Development unless the business consents to the disclosure.

      Sec. 10.7.  NRS 360.750 is hereby amended to read as follows:

      360.750  1.  A person who intends to locate or expand a business in this State may apply to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.

      2.  The Commission on Economic Development shall approve an application for a partial abatement if the Commission makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and

             (2) Any guidelines adopted pursuant to the State Plan.

      (b) The applicant has executed an agreement with the Commission which [states] must:

             (1) Comply with the requirements of section 10.3 of this act;

             (2) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection [.

 


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ę2007 Statutes of Nevada, Page 2861 (Chapter 493, AB 186)ę

 

be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection [. The agreement must bind] ; and

             (3) Bind the successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:

             (1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.

      (e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:

             (1) The business will have 15 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $250,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.

      (f) If the business is an existing business, the business meets at least two of the following requirements:

             (1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

 


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ę2007 Statutes of Nevada, Page 2862 (Chapter 493, AB 186)ę

 

             (2) The business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) Department, if the business is centrally assessed.

             (3) The average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its new employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.

      (g) In lieu of meeting the requirements of paragraph (d), (e) or (f), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $500,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet with minimum requirements established by the Commission by regulation pursuant to subsection 9.

      3.  Notwithstanding the provisions of subsection 2, the Commission on Economic Development:

      (a) Shall not consider an application for a partial abatement unless the Commission has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (b) May, if the Commission determines that such action is necessary:

             (1) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2;

             (2) Make the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2 more stringent; or

             (3) Add additional requirements that a business must meet to qualify for a partial abatement.

 


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ę2007 Statutes of Nevada, Page 2863 (Chapter 493, AB 186)ę

 

      4.  If a person submits an application to the Commission on Economic Development pursuant to subsection 1, the Commission shall provide notice to the governing body of the county, the board of trustees of the school district and the governing body of the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the Commission will consider the application.

      5.  If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Commission on Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ę the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      8.  A county treasurer:

      (a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      9.  The Commission on Economic Development:

      (a) Shall adopt regulations relating to:

             (1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and

             (2) The notice that must be provided pursuant to subsection 4.

      (b) May adopt such other regulations as the Commission on Economic Development determines to be necessary to carry out the provisions of this section [.] and section 10.3 of this act.

      10.  The Nevada Tax Commission:

 


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ę2007 Statutes of Nevada, Page 2864 (Chapter 493, AB 186)ę

 

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d), (e) or (g) of subsection 2; and

             (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section [.] and section 10.3 of this act.

      11.  An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 11.  Section 18 of the Solar Energy Systems Demonstration Program Act, being chapter 331, Statutes of Nevada 2003, as amended by chapter 2, Statutes of Nevada 2005, 22nd Special Session, at page 88, is hereby amended to read as follows:

      Sec. 18.  1.  On or before May 1 of each year, the Public Utilities Commission of Nevada shall:

      (a) Review each application nominated by the Committee to ensure that the application meets the requirements of subsection 3 of section 14 of this act; and

      (b) From those nominees, select participants for the Demonstration Program for the following program year.

      2.  [The] Except as otherwise provided in subsection 4, the Public Utilities Commission of Nevada may approve, from among the applications nominated by the Committee, solar energy systems totaling:

      (a) For the program year beginning July 1, 2004:

             (1) 100 kilowatts of capacity for schools;

             (2) 200 kilowatts of capacity for other public buildings; and

             (3) 200 kilowatts of capacity for private residences and small businesses.

      (b) For the program year beginning July 1, 2005:

             (1) An additional 570 kilowatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

      (c) For the program year beginning July 1, 2006:

            (1) An additional 570 kilowatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

      (d) For the program year beginning July 1, 2007:

             (1) An additional [570 kilowatts] 2 megawatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

      (e) For the program year beginning July 1, 2008:

 


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ę2007 Statutes of Nevada, Page 2865 (Chapter 493, AB 186)ę

 

             (1) An additional [570 kilowatts] 2 megawatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

      (f) For the program year beginning July 1, 2009:

             (1) An additional [570 kilowatts] 2 megawatts of capacity for schools;

             (2) An additional 570 kilowatts of capacity for other public buildings; and

             (3) An additional 760 kilowatts of capacity for private residences and small businesses.

      3.  The Public Utilities Commission of Nevada shall notify each nominee of its selections no later than 10 days after the decision is made.

      4.  To promote the installation of solar energy systems at as many schools as possible, the Public Utilities Commission of Nevada may not approve for use in the Demonstration Program a solar energy system having a generating capacity of more than 50 kilowatts if the solar energy system is or will be installed at a school on or after July 1, 2007, unless the Commission determines that approval of a solar energy system with a greater generating capacity is more practicable for a particular school.

      Secs. 12 and 13.  (Deleted by amendment.)

      Sec. 13.5.  The provisions of section 10.3 of this act do not apply to any abatement for which an agreement was executed before July 1, 2007, between the commission on Economic Development and the business to which the abatement was granted.

      Sec. 14.  This act becomes effective on July 1, 2007.

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ę2007 Statutes of Nevada, Page 2866ę

 

CHAPTER 494, AB 165

Assembly Bill No. 165–Committee on Ways and Means

 

CHAPTER 494

 

AN ACT relating to public safety; creating the Justice Assistance Grant Trust Account in the State General Fund; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing federal law establishes the Edward Byrne Memorial Justice Assistance Grant Program. (42 U.S.C. §§ 3750 et seq.) The grant program authorizes the Attorney General of the United States to make grants of money to states to provide additional personnel, equipment, supplies, contractual support, training, technical assistance and information systems for criminal justice. (42 U.S.C. § 3751) The grant program also requires each state to establish a trust fund in which to deposit money received by the state from the grant program. (42 U.S.C. § 3757) This bill, in compliance with federal law, establishes such a trust account for all money received by the State of Nevada from the Grant Program.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 480 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Justice Assistance Grant Trust Account is hereby created in the State General Fund. All money received by the State of Nevada pursuant to the Edward Byrne Memorial Justice Assistance Grant Program, 42 U.S.C. §§ 3750 et seq., must be deposited in the Trust Account.

      2.  The Director shall administer the Trust Account.

      3.  The money in the Trust Account may only be expended in accordance with the provisions of the Edward Byrne Memorial Justice Assistance Grant Program, 42 U.S.C. §§ 3750 et seq., and any regulations adopted pursuant thereto.

      4.  The interest and income earned on the money in the Trust Account, after deducting any applicable charges, must be credited to the Trust Account.

      Sec. 2.  This act becomes effective upon passage and approval and applies retroactively from October 5, 2005.

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ę2007 Statutes of Nevada, Page 2867ę

 

CHAPTER 495, AB 144

Assembly Bill No. 144–Assemblymen Goicoechea, Grady, Carpenter, Marvel, Goedhart and Settelmeyer

 

Joint Sponsors: Senators Rhoads, Amodei and McGinness

 

CHAPTER 495

 

AN ACT relating to electricity; establishing a formula for determining the maximum rate for interruptible service that a public utility may charge for electricity for irrigation pumps; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a public utility which furnishes electricity for irrigation pumps may not charge a rate for interruptible service that exceeds the lowest charge per kilowatt-hour offered by the public utility under any of its rate schedules for its customers in this State. (NRS 704.225) This bill establishes a formula for determining the maximum rate for interruptible service that a public utility may charge for the service.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.225 is hereby amended to read as follows:

      704.225  1.  The Commission shall by regulation require each public utility which furnishes electricity to provide lower rates for electricity for irrigation pumps under a schedule which:

      [1.] (a) Will be applied:

      [(a)] (1) From March 1 to October 31, inclusive; and

      [(b)] (2) If the customer concedes to the utility a right to interrupt services to the customer’s irrigation pumps under conditions established by the utility and approved by the Commission.

      [2.] (b) Provides for a maximum rate for interruptible service per kilowatt-hour of electricity used. The rate must [not exceed] be determined by dividing the sum of the lowest charge per kilowatt-hour offered by [the] each public utility and each cooperative association under any of its rate schedules applicable to its residential, commercial or industrial customers or members in Nevada [.] by the total number of public utilities and cooperative associations which furnish electricity in this State. No charges may be included for minimum billings or costs relating to standby, customers or demand. A public utility or cooperative association shall provide such information as is necessary for the Commission to determine the maximum rate for interruptible service pursuant to this section.

      2.  As used in this section:

      (a) “Cooperative association” means a cooperative association, nonprofit cooperation or association or any other provider of services described in this chapter that supplies those services for the use of its members; and

      (b) “Public utility” includes a municipal utility as defined in NRS 702.060.

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ę2007 Statutes of Nevada, Page 2868ę

 

CHAPTER 496, SB 544

Senate Bill No. 544–Committee on Government Affairs

 

CHAPTER 496

 

AN ACT relating to programs for public employees; revising provisions governing the eligibility of retired officers and employees of certain local governments to participate in the Public Employees’ Benefits Program; revising reporting requirements for the Board of the program; providing a procedure for the Board to collect certain debts; making other various changes relating to the Program; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes participants in the Public Employees’ Benefits Program to seek assistance from the Office for Consumer Health Assistance.

      Section 2 of this bill clarifies that a local government is required to pay the subsidy for the cost of coverage under the Program for its retirees who reinstate coverage under the Program. Section 16 makes this requirement apply retroactively to October 1, 2003.

      Effective November 30, 2008, section 2.5 removes the option of retirees of local governments to join the Program upon retirement if the local government that employed the retiree did not participate in the Program at that time. (NRS 287.023) Section 9.7 of this bill carries out this change with respect to reinstatement of coverage with the Program. (NRS 287.0475) Section 15 of this bill provides that removal of this option does not affect the eligibility of retirees of local governments that are enrolled in the Program on November 30, 2008, to continue coverage under the Program after that date.

      Section 5 of this bill authorizes the Board of the Program to appoint advisory committees. (NRS 287.0415)

      Effective July 1, 2008, section 6 of this bill requires the Board to provide a program that offers flexibility in benefits for participants in the Program who also have coverage under Medicare and authorizes the provision of the Program to other participants. (NRS 287.043) Section 6 also revises the contents of the annual report submitted by the Board to the Legislature. Effective November 30, 2008, section 6.5 of this bill imposes certain requirements on local governments that enter into a contract for coverage with the Program.

      Effective July 1, 2008, sections 6 and 8.5 of this bill clarify that for the purposes of the provisions concerning the establishment of rates and coverage for the Program, only the claims experience of participants for whom the Program provides primary health insurance coverage must be commingled into a single risk pool. (NRS 287.043, 287.0434)

      Sections 8 and 11 of this bill provide a procedure by which the Board may collect subsidy payments from local governments that are overdue. Sections 8 and 9 of this bill provide that the assets of the Program may only be used for the benefit of the participants of the Program. (NRS 287.0434, 287.0435)

 


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ę2007 Statutes of Nevada, Page 2869 (Chapter 496, SB 544)ę

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      A participant of the Program may seek assistance from the Office for Consumer Health Assistance regarding concerns and problems related to his coverage with the Program.

      Sec. 2.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 [,] or under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage or , if such coverage was not provided under the Public Employees’ Benefits Program, join the Public Employees’ Benefits Program , to the extent that [such] coverage pursuant to this subsection is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      2.  A retired person who joins the Public Employees’ Benefits Program upon retirement pursuant to subsection 1 or continues coverage under the Public Employees’ Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees’ Retirement System to continue coverage.

      3.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and his dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 [.] or coverage under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025 or not to join the Public Employees’ Benefits Program, as the case may be.

      4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:

      (a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

 


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ę2007 Statutes of Nevada, Page 2870 (Chapter 496, SB 544)ę

 

      (b) Shall pay the same portion of the cost of coverage under the Public Employees’ Benefits Program for persons who join or continue coverage under the Public Employees’ Benefits Program upon retirement pursuant to subsection 1 or who subsequently reinstate coverage under the Public Employees’ Benefits Program pursuant to NRS 287.0475, as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Public Employees’ Benefits Program.

      5.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.

      Sec. 2.5.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage [or, if such coverage was not provided under the Public Employees’ Benefits Program, join the Public Employees’ Benefits Program,] to the extent that such coverage [pursuant to this subsection] is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      2.  A retired person who [joins the Public Employees’ Benefits Program upon retirement pursuant to subsection 1 or] continues coverage under the Public Employees’ Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees’ Retirement System to continue coverage.

      3.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and his dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or coverage under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025 .

 


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ę2007 Statutes of Nevada, Page 2871 (Chapter 496, SB 544)ę

 

pursuant to paragraph (a) of subsection 1 of NRS 287.025 . [or not to join the Public Employees’ Benefits Program, as the case may be.]

      4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:

      (a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

      (b) Shall pay the same portion of the cost of coverage under the Public Employees’ Benefits Program for persons who [join or] continue coverage under the Public Employees’ Benefits Program upon retirement pursuant to subsection 1 or who subsequently reinstate coverage under the Public Employees’ Benefits Program pursuant to NRS 287.0475, as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Public Employees’ Benefits Program.

      5.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.

      Sec. 3.  NRS 287.0402 is hereby amended to read as follows:

      287.0402  As used in NRS 287.0402 to 287.049, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 to 287.0406, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 287.0415 is hereby amended to read as follows:

      287.0415  1.  A majority of the members of the Board constitutes a quorum for the transaction of business.

      2.  The Governor shall designate one of the members of the Board to serve as the Chairman.

      3.  The Board shall meet at least once every calendar quarter and at other times upon the call of the Chairman.

      4.  The Board may meet in closed session:

      (a) To discuss matters relating to personnel;

      (b) To prepare a request for a proposal or other solicitation for bids to be released by the Board for competitive bidding; or

      (c) As otherwise provided pursuant to chapter 241 of NRS.

      5.  Except as otherwise provided in this subsection, if the Board causes a meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS, the Board shall post a transcript of the meeting on its Internet website not later than 30 days after the meeting. The Board shall post a transcript of a closed session of the Board on its Internet website when the Board determines that the matters discussed no longer require confidentiality and, if applicable, the person whose character, conduct, competence or health was discussed in the closed session has consented to the posting.

 


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ę2007 Statutes of Nevada, Page 2872 (Chapter 496, SB 544)ę

 

confidentiality and, if applicable, the person whose character, conduct, competence or health was discussed in the closed session has consented to the posting.

      6.  The Board may appoint such advisory committees as it deems necessary to assist the Board in carrying out its duties pursuant to NRS 287.0402 to 287.049, inclusive, and section 1 of this act.

      7.  As used in this section, “request for a proposal” has the meaning ascribed to it in subsection 8 of NRS 333.020.

      Sec. 6.  NRS 287.043 is hereby amended to read as follows:

      287.043  1.  The Board shall:

      (a) Establish and carry out a program to be known as the Public Employees’ Benefits Program which:

             (1) Must include [a] :

                   (I) A program relating to group life, accident or health insurance, or any combination of these; and

                   (II) A plan that offers flexibility in benefits for participants in the Program who are provided coverage by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; and

             (2) May include [a program] :

                   (I) A plan that offers flexibility in benefits, and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; or

                   (II) A program to reduce taxable compensation or other forms of compensation other than deferred compensation,

Ę for the benefit of all state officers and employees and other persons who participate in the Program.

      (b) Ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

      2.  In establishing and carrying out the Program, the Board shall:

      (a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents [.] for whom the Program provides primary health insurance coverage into a single risk pool.

      (b) Except as otherwise provided in this paragraph, negotiate and contract pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that wishes to obtain group insurance for its active and retired officers and employees and their dependents by participation in the Program. The Board shall establish separate rates and coverage for active and retired officers and employees of those local governmental agencies and their dependents based on actuarial reports that commingle the claims experience of such active and retired officers and employees and their dependents [.] for whom the Program provides primary health insurance coverage into a single risk pool.

      (c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public agency that may be affected by the changes.

 


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ę2007 Statutes of Nevada, Page 2873 (Chapter 496, SB 544)ę

 

public agency that may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      (d) If a proposed change is a change in the premium or contribution charged for, or coverage of, health insurance, provide written notice of the proposed change to all participants in the Program. The notice must be provided at least 30 days before the date on which a participant in the Program is required to select or change his policy of health insurance.

      (e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this State or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible participants in the Program.

      (f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.

      (g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

      (h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, and section 1 of this act, including, without limitation, the establishment of:

             (1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;

             (2) Conditions for entry and reentry into the Program by local governmental agencies that wish to enter or reenter the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025;

             (3) Procedures by which a group of participants in the Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry into the Program by those participants; and

             (4) Specific procedures for the determination of contested claims.

      (i) Appoint an independent certified public accountant. The accountant shall:

             (1) Provide an annual audit of the Program; and

             (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      (j) Appoint an attorney who specializes in employee benefits. The attorney shall:

             (1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and

             (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      3.  The Board shall submit an annual report regarding the administration and operation of the Program to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature, or to the Legislative Commission when the Legislature is not in regular session, for acceptance or rejection not more than 6 months before the Board establishes rates and coverage for participants for the following plan year. The report must include, without limitation:

      (a) [The amount paid by the Program in the preceding plan year for the claims of active and retired participants in the Program; and

      (b) The amount paid by the Program in the preceding plan year for the claims of] Detailed financial results for the Program for the preceding plan year, including, without limitation, identification of the sources of revenue for the Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs.

 


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ę2007 Statutes of Nevada, Page 2874 (Chapter 496, SB 544)ę

 

year, including, without limitation, identification of the sources of revenue for the Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs. The results must be provided separately concerning:

             (1) Participants who are active and retired state officers and employees and their dependents;

            (2) All participants in the Program other than those described in subparagraph (1); and

             (3) Within the groups described in subparagraphs (1) and (2), active participants, retired participants for which the Program provides primary health insurance coverage and retired participants in the Program who [were] are provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.

      (b) An assessment of actuarial accuracy and reserves for the current plan year and the immediately preceding plan year.

      (c) A summary of the plan design for the current plan year, including, without limitation, information regarding rates and any changes in the vendors with which the Program has entered into contracts, and a comparison of the plan design for the current plan year to the plan design for the immediately preceding plan year. The information regarding rates provided pursuant to this paragraph must set forth the costs for participation in the Program paid by participants and employers on a monthly basis.

      (d) A description of all written communications provided generally to all participants by the Program during the preceding plan year.

      (e) A discussion of activities of the Board concerning purchasing coalitions.

      4.  The Board may use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration to establish and carry out the Program.

      5.  The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.

      6.  A participating public agency is not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.

      7.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

      Sec. 6.5.  NRS 287.043 is hereby amended to read as follows:

      287.043  1.  The Board shall:

      (a) Establish and carry out a program to be known as the Public Employees’ Benefits Program which:

             (1) Must include:

                   (I) A program relating to group life, accident or health insurance, or any combination of these; and

                   (II) A plan that offers flexibility in benefits for participants in the Program who are provided coverage by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; and

 


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ę2007 Statutes of Nevada, Page 2875 (Chapter 496, SB 544)ę

 

on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; and

             (2) May include:

                   (I) A plan that offers flexibility in benefits, and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; or

                   (II) A program to reduce taxable compensation or other forms of compensation other than deferred compensation,

Ę for the benefit of all state officers and employees and other persons who participate in the Program.

      (b) Ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

      2.  In establishing and carrying out the Program, the Board shall:

      (a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

      (b) Except as otherwise provided in this paragraph, negotiate and contract pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that wishes to obtain group insurance for its active and retired officers and employees and their dependents by participation in the Program. The Board shall establish separate rates and coverage for active and retired officers and employees of those local governmental agencies and their dependents based on actuarial reports that commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

      (c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public agency that may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      (d) If a proposed change is a change in the premium or contribution charged for, or coverage of, health insurance, provide written notice of the proposed change to all participants in the Program. The notice must be provided at least 30 days before the date on which a participant in the Program is required to select or change his policy of health insurance.

      (e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this State or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible participants in the Program.

      (f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.

      (g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

 


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ę2007 Statutes of Nevada, Page 2876 (Chapter 496, SB 544)ę

 

      (h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, and section 1 of this act, including, without limitation, the establishment of:

             (1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;

             (2) Conditions for entry and reentry into and exit from the Program by local governmental agencies [that wish to enter or reenter the Program] pursuant to paragraph (a) of subsection 1 of NRS 287.025 [;] , which:

                   (I) Must include a minimum period of 4 years of participation for entry into the Program;

                   (II) Must include a requirement that participation of any retired officers and employees of the local governmental agency terminates upon termination of the local governmental agency’s contract with the Program; and

                   (III) May allow for the exclusion of active and retired officers and employees of the local governmental agency who are eligible for health coverage from a health and welfare plan or trust that arose out of collective bargaining under chapter 288 of NRS or a trust established pursuant to 29 U.S.C. § 186;

             (3) Procedures by which a group of participants in the Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry into the Program by those participants; and

             (4) Specific procedures for the determination of contested claims.

      (i) Appoint an independent certified public accountant. The accountant shall:

             (1) Provide an annual audit of the Program; and

             (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      (j) Appoint an attorney who specializes in employee benefits. The attorney shall:

             (1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and

             (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      3.  The Board shall submit an annual report regarding the administration and operation of the Program to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature, or to the Legislative Commission when the Legislature is not in regular session, for acceptance or rejection not more than 6 months before the Board establishes rates and coverage for participants for the following plan year. The report must include, without limitation:

      (a) Detailed financial results for the Program for the preceding plan year, including, without limitation, identification of the sources of revenue for the Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs. The results must be provided separately concerning:

             (1) Participants who are active and retired state officers and employees and their dependents;

             (2) All participants in the Program other than those described in subparagraph (1); and

 


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ę2007 Statutes of Nevada, Page 2877 (Chapter 496, SB 544)ę

 

             (3) Within the groups described in subparagraphs (1) and (2), active participants, retired participants for which the Program provides primary health insurance coverage and retired participants in the Program who are provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.

      (b) An assessment of actuarial accuracy and reserves for the current plan year and the immediately preceding plan year.

      (c) A summary of the plan design for the current plan year, including, without limitation, information regarding rates and any changes in the vendors with which the Program has entered into contracts, and a comparison of the plan design for the current plan year to the plan design for the immediately preceding plan year. The information regarding rates provided pursuant to this paragraph must set forth the costs for participation in the Program paid by participants and employers on a monthly basis.

      (d) A description of all written communications provided generally to all participants by the Program during the preceding plan year.

      (e) A discussion of activities of the Board concerning purchasing coalitions.

      4.  The Board may use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration to establish and carry out the Program.

      5.  The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.

      6.  A participating public agency is not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.

      7.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  NRS 287.0434 is hereby amended to read as follows:

      287.0434  The Board may:

      1.  Use its assets only to pay the expenses of health care for its members and covered dependents, to pay its employees’ salaries and to pay administrative and other expenses.

      2.  Enter into contracts relating to the administration of the Program, including, without limitation, contracts with licensed administrators and qualified actuaries. Each such contract with a licensed administrator:

      (a) Must be submitted to the Commissioner of Insurance not less than 30 days before the date on which the contract is to become effective for approval as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      3.  Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents.

 


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

ę2007 Statutes of Nevada, Page 2878 (Chapter 496, SB 544)ę

 

members and covered dependents. The Board shall not enter into a contract pursuant to this subsection unless:

      (a) Provision is made by the Board to offer all the services specified in the request for proposals, either by a health maintenance organization or through separate action of the Board.

      (b) The rates set forth in the contract are based on:

             (1) For active and retired state officers and employees and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents; and

             (2) For active and retired officers and employees of public agencies enumerated in NRS 287.010 that contract with the Program to obtain group insurance by participation in the Program and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents.

      4.  Enter into contracts for the services of other experts and specialists as required by the Program.

      5.  Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the Board or a participating public agency in administering a plan of insurance offered by that insurer, organization or corporation.

      6.  Charge and collect the amount due from local governments pursuant to paragraph (b) of subsection 4 of NRS 287.023. If the payment of a local government pursuant to that provision is delinquent by more than 90 days, the Board shall notify the Executive Director of the Department of Taxation pursuant to section 11 of this act.

      Sec. 8.5.  NRS 287.0434 is hereby amended to read as follows:

      287.0434  The Board may:

      1.  Use its assets only to pay the expenses of health care for its members and covered dependents, to pay its employees’ salaries and to pay administrative and other expenses.

      2.  Enter into contracts relating to the administration of the Program, including, without limitation, contracts with licensed administrators and qualified actuaries. Each such contract with a licensed administrator:

      (a) Must be submitted to the Commissioner of Insurance not less than 30 days before the date on which the contract is to become effective for approval as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      3.  Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents. The Board shall not enter into a contract pursuant to this subsection unless:

      (a) Provision is made by the Board to offer all the services specified in the request for proposals, either by a health maintenance organization or through separate action of the Board.

      (b) The rates set forth in the contract are based on:

             (1) For active and retired state officers and employees and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents [;] for whom the Program provides primary health insurance coverage in a single risk pool; and

 


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ę2007 Statutes of Nevada, Page 2879 (Chapter 496, SB 544)ę

 

officers and employees and their dependents [;] for whom the Program provides primary health insurance coverage in a single risk pool; and

             (2) For active and retired officers and employees of public agencies enumerated in NRS 287.010 that contract with the Program to obtain group insurance by participation in the Program and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents [.] for whom the Program provides primary health insurance coverage in a single risk pool.

      4.  Enter into contracts for the services of other experts and specialists as required by the Program.

      5.  Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the Board or a participating public agency in administering a plan of insurance offered by that insurer, organization or corporation.

      6.  Charge and collect the amount due from local governments pursuant to paragraph (b) of subsection 4 of NRS 287.023. If the payment of a local government pursuant to that provision is delinquent by more than 90 days, the Board shall notify the Executive Director of the Department of Taxation pursuant to section 11 of this act.

      Sec. 9.  NRS 287.0435 is hereby amended to read as follows:

      287.0435  1.  All money received for the Program, including, without limitation, premiums and contributions, must be deposited in the State Treasury for credit to the Fund for the Public Employees’ Benefits Program which is hereby created as a trust fund. The Fund must be accounted for as an internal service fund. Payments into and disbursements from the Fund must be so arranged as to keep the Fund solvent at all times.

      2.  The money in the Fund must be invested as other money of the State is invested and any income from investments paid into the Fund for the benefit of the Fund.

      3.  Disbursements from the Fund must be made as any other claims against the State are paid [.] and may only be made for the benefit of the participants in the Program.

      4.  The State Treasurer may charge a reasonable fee for his services in administering the Fund, but the State, the State General Fund and the State Treasurer are not liable to the Fund for any loss sustained by the Fund as a result of any investment made on behalf of the Fund or any loss sustained in the operation of the Program.

      5.  The Board shall deposit any disbursement received from the Fund into an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. Claims that have been submitted to the Program and approved must be paid from the account, and any refund of such a claim must be deposited into the account.

      Sec. 9.3.  NRS 287.045 is hereby amended to read as follows:

      287.045  1.  Except as otherwise provided in this section, every state officer or employee is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.

      2.  Professional employees of the Nevada System of Higher Education who have annual employment contracts are eligible to participate in the Program on:

      (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

 


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      (b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

      3.  Every officer or employee who is employed by a participating local governmental agency on a permanent and full-time basis on the date on which the participating local governmental agency enters into an agreement to participate in the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, and every officer or employee who commences his employment with that participating local governmental agency after that date, is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.

      4.  Every Senator and Assemblyman is eligible to participate in the Program on the first day of the month following the 90th day after his initial term of office begins.

      5.  [An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada who retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and was not participating in the Program at the time of his retirement is eligible to participate in the Program 60 days after notice of the selection to participate is given pursuant to NRS 287.023.

      6.]  Notwithstanding the provisions of subsections 1, 3 and 4, if the Board does not, pursuant to NRS 689B.580, elect to exclude the Program from compliance with NRS 689B.340 to 689B.590, inclusive, and if the coverage under the Program is provided by a health maintenance organization authorized to transact insurance in this State pursuant to chapter 695C of NRS, any affiliation period imposed by the Program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.

      Sec. 9.7.  NRS 287.0475 is hereby amended to read as follows:

      287.0475  1.  A public officer or employee who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, [which was provided to him and his dependents at the time of his retirement pursuant] that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

      (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 ; or

      (b) Under the Program, if the last public employer of the retired officer or employee was the State of Nevada or if the last public employer of the retired officer or employee participates in the Program [as a public officer or employee by:] pursuant to paragraph (a) of subsection 1 of NRS 287.025.

      2.  Reinstatement pursuant to subsection 1 must be requested by:

      (a) Giving written notice of his intent to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;

      (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

 


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      (c) Paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.

Ę The last public employer shall give the insurer notice of the reinstatement no later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of his intent to reinstate the insurance.

      [2.] 3.  Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

      [3.] 4.  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.

      Sec. 10.  NRS 223.560 is hereby amended to read as follows:

      223.560  The Director shall:

      1.  Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

      2.  Assist consumers and injured employees in understanding their rights and responsibilities under health care plans , including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      3.  Identify and investigate complaints of consumers and injured employees regarding their health care plans , including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

      (a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

      (b) Providing counseling and assistance to consumers and injured employees concerning health care plans , including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      4.  Provide information to consumers and injured employees concerning health care plans , including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance in this State;

      5.  Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;

      6.  Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Director pursuant to this section;

      7.  In appropriate cases and pursuant to the direction of the Governor, refer a complaint or the results of an investigation to the Attorney General for further action;

 


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      8.  Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services; and

      9.  Establish and maintain an Internet website which includes:

      (a) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

      (b) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328.

      Sec. 11.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon receipt of notification by the Board of the Public Employees’ Benefits Program pursuant to NRS 287.0434 that a local government is delinquent by more than 90 days on an amount due to the Public Employees’ Benefits Program pursuant to paragraph (b) of subsection 4 of NRS 287.023, the Executive Director shall notify the governing body that the presence of a representative of the governing body is required at the next practicable scheduled meeting of the Committee to explain the reason that the payment has not been made. The notice must be transmitted to the governing body at least 5 days before the date on which the meeting will be held.

      2.  If an explanation satisfactory to the Committee is not provided at the meeting as requested in the notice and an arrangement is not made for the submission of the payment, the Committee may instruct the Executive Director to request that the State Treasurer withhold from the local government an amount equal to the amount of the delinquent payment from the next distribution from the Local Government Tax Distribution Account if the local government is otherwise entitled to receive such a distribution or of the local school support tax if the local government is a school district. Upon receipt of such a request, the State Treasurer shall withhold that amount from the payment or any future payment as necessary until he is notified by the Executive Director that the delinquent payment has been received by the Department. The Department shall transmit the delinquent payment to the Public Employees’ Benefits Program upon receipt.

      Sec. 12.  NRS 354.657 is hereby amended to read as follows:

      354.657  1.  The purpose of NRS 354.655 to 354.725, inclusive, and section 11 of this act, is to provide specific methods for the treatment of delinquent documents, payments, technical financial assistance and severe financial emergency.

      2.  To accomplish the purpose set forth in subsection 1, the provisions of NRS 354.655 to 354.725, inclusive, and section 11 of this act, must be broadly and liberally construed.

      Secs. 13 and 14.  (Deleted by amendment.)

      Sec. 15.  The provisions of NRS 287.023, as amended by section 2.5 of this act, do not apply to, and must not be construed to terminate coverage under the Program for, retired officers and employees of local governments who are enrolled in the Public Employees’ Benefits Program on November 30, 2008.

 


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      Sec. 16.  1.  This section and sections 1, 3, 4, 5, 7, 8, 9 and 10 to 14, inclusive, of this act become effective on July 1, 2007.

      2.  Section 2 of this bill becomes effective on July 1, 2007, and applies retroactively to October 1, 2003.

      3.  Section 8 of this act expires by limitation on June 30, 2008.

      4.  Sections 6 and 8.5 of this act become effective on July 1, 2008.

      5.  Sections 2 and 6 of this act expire by limitation on November 29, 2008.

      6.  Sections 2.5, 6.5, 9.3, 9.7 and 15 of this act become effective on November 30, 2008.

________

 

CHAPTER 497, SB 498

Senate Bill No. 498–Committee on Government Affairs

 

CHAPTER 497

 

AN ACT relating to special districts; revising the authority of certain local improvement districts to borrow money and incur indebtedness; revising the authority of the Virgin Valley Water District to borrow money and incur indebtedness; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Pursuant to the Nevada Improvement District Act (Chapter 309 of NRS), local improvement districts organized under the provisions of that Act on or before May 1, 1967, may incur general obligation indebtedness for the acquisition, construction, installation or completion of works or other improvements or facilities. (NRS 309.331-309.339) Sections 1-6 of this bill allow the board of such a district, in issuing general obligation bonds or other general obligation securities, to opt to carry out such activities pursuant to NRS 350.020 to 350.070, inclusive, instead of pursuant to the applicable provisions of chapter 309 of NRS.

      Existing law provides that, in the event of a conflict between the provisions of NRS 309.332 to 309.339, inclusive, and the provisions of the Local Government Securities Law (NRS 350.500-350.720), the provisions of NRS 309.332 to 309.339, inclusive, control. (NRS 309.337) Section 7 of this bill provides instead that, in the event of such a conflict, the provisions of the Local Government Securities Law control.

      Under existing law, the Virgin Valley Water District is authorized to incur indebtedness, issue bonds and provide for medium-term obligations to carry out its powers. (Chapter 100, Statutes of Nevada 1993, p. 160, as last amended by chapter 203, Statutes of Nevada 1997, p. 560) Sections 8 and 9 of this bill expand and clarify that authority to allow the District to borrow money and incur indebtedness in any manner permitted by law for such a district and, subject to monitoring and oversight by the Clark County Debt Management Commission, to issue and retire bonds, warrants, notes and other securities in the same manner as a municipality. This bill also clarifies the authority of the District to provide for medium-term obligations and installment-purchase agreements in accordance with current statutes.

      Under existing law, the Virgin Valley Water District is required to hold an election before incurring any general obligations. Sections 8 and 9 of this bill specify various types of securities which may be issued by the District without an election, including a general obligation only if the payment of that obligation is additionally secured by a pledge of and lien on the revenues of the District.

 


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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 309 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the board of a district organized pursuant to the provisions of this chapter proposes to issue general obligation bonds or other general obligation securities that are payable from general ad valorem taxes, the board may do so, at its option, pursuant to:

      (a) NRS 309.332 to 309.339, inclusive; or

      (b) NRS 350.020 to 350.070, inclusive.

      2.  If the board of a district organized pursuant to the provisions of this chapter elects to exercise the option described in paragraph (b) of subsection 1:

      (a) The general obligation bonds or other general obligation securities must be secured additionally by a pledge of and lien on net revenues;

      (b) The general obligation bonds or other general obligation securities must be issued in compliance with NRS 350.020 to 350.070, inclusive; and

      (c) The provisions of NRS 309.333 to 309.336, inclusive, do not apply to the issuance or authorization of those general obligation bonds or other general obligation securities.

      Sec. 2.  NRS 309.331 is hereby amended to read as follows:

      309.331  1.  Any district heretofore or hereafter organized pursuant to the provisions of this chapter [shall have] has the power to borrow money either as a general obligation of the district or as a special obligation of the district, to evidence the same and to apply the proceeds thereof as hereinafter provided in NRS 309.332 to 309.339, inclusive. NRS 309.332 to 309.339, inclusive, without reference to other parts of this chapter , [(] except as otherwise expressly provided in NRS 309.332 to 309.339, inclusive , [), shall] constitute full authority for the exercise of the powers therein granted and shall be deemed to constitute a mode of financing and making improvements additional to and separate from all other methods and procedures. Without limiting the generality of the foregoing, such financing [shall] must take place without adherence to the following provisions: NRS 309.050 to 309.110, inclusive , [;] subsection 3 of NRS 309.130 [;] and NRS 309.170 to 309.330, inclusive.

      2.  The provisions of this section do not prohibit the board of a district organized pursuant to the provisions of this chapter from exercising the option to issue general obligation bonds or other general obligation securities in accordance with NRS 350.020 to 350.070, inclusive, as described in section 1 of this act.

      Sec. 3.  NRS 309.333 is hereby amended to read as follows:

      309.333  Except as otherwise provided in section 1 of this act:

      1.  Whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, to carry out the objects or purposes hereof, requiring the creation of a general obligation indebtedness of $5,000 or more, the board shall submit the proposition of issuing general obligation bonds to the electors of the district at an election held for that purpose or at the next district election or primary state election.

 


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      2.  As used in this section, “elector” means any person entitled to vote as described in NRS 309.110 and includes a person who is obligated to pay general taxes under a contract to purchase real property within the district. Registration pursuant to the general election [(] statutes or any other [)] statutes is not required. Residence in the county is not required. The election officials may in their discretion require the execution of voter affidavits in determining qualifications to vote at such bond elections.

      3.  Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.

      4.  There must be no absentee voting at any such election.

      5.  The resolution required by subsection 1 must include:

      (a) A declaration of public interest or necessity;

      (b) The objects and purposes for which the indebtedness is proposed to be incurred;

      (c) The estimated cost of the works or improvements, including interest on the general obligation bonds for a period not exceeding 12 months after their date and including the total of all estimated expenses incidental to their issuance;

      (d) The amount of principal of the indebtedness to be incurred therefor;

      (e) The maximum rate of interest to be paid on the indebtedness; and

      (f) The date of the special election or the next district election or primary state election at which the proposition of issuing general obligation bonds will be submitted to the electors of the district.

      Sec. 4.  NRS 309.334 is hereby amended to read as follows:

      309.334  [The] Except as otherwise provided in section 1 of this act, the board shall prescribe the form of the notice of election, and direct the publication of the same for 3 weeks, the first of the three publications of [the notice to] which must be not less than 20 days [prior to] before the election.

      Sec. 5.  NRS 309.335 is hereby amended to read as follows:

      309.335  [At] Except as otherwise provided in section 1 of this act, at any regular or special meeting of the board held within 5 days following the date of such election, the returns thereof [shall] must be canvassed and the results thereof declared.

      Sec. 6.  NRS 309.336 is hereby amended to read as follows:

      309.336  Except as otherwise provided in section 1 of this act:

      1.  If it appears from the returns that a majority of the electors of the district who have voted on any proposition submitted pursuant to the provisions of NRS 309.332 to 309.339, inclusive, at the election voted in favor of the proposition, the district may issue and sell general obligation bonds of the district for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution.

      2.  Submission of the proposition of incurring the general obligation indebtedness at a special election, district election or primary state election does not prohibit the submission of the same proposition or other propositions at a subsequent special election, district election or primary state election.

      Sec. 7.  NRS 309.337 is hereby amended to read as follows:

      309.337  The provisions of the Local Government Securities Law apply to any securities authorized to be issued under NRS 309.332 to 309.339, inclusive, [but] and in the event of conflict , the provisions of [NRS 309.332 to 309.339, inclusive,] the Local Government Securities Law control.

 


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inclusive, [but] and in the event of conflict , the provisions of [NRS 309.332 to 309.339, inclusive,] the Local Government Securities Law control.

      Sec. 8.  The Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, at page 159, is hereby amended by adding thereto a new section to be designated as section 10.5, immediately following section 10, to read as follows:

      Sec. 10.5.  1.  The District may, subject to the provisions of NRS 350.011 to 350.0165, inclusive:

      (a) Issue and retire bonds, warrants, notes and other securities, as if the District was a municipality, in accordance with and by the exercise of the powers conferred by:

             (1) Chapter 271 of NRS;

             (2) NRS 350.020 to 350.070, inclusive;

             (3) NRS 350.350 to 350.490, inclusive;

             (4) NRS 350.500 to 350.720, inclusive; and

             (5) Any other applicable law;

      (b) Provide for medium-term obligations and installment-purchase agreements in accordance with and by the exercise of the powers conferred by NRS 350.087 to 350.095, inclusive; and

      (c) Conduct any transaction described in NRS 350.800, as if the District was a municipality, in accordance with and by the exercise of the powers conferred by that section,

Ę to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in section 3 of this act.

      2.  For the purposes of:

      (a) NRS 350.011 to 350.0165, inclusive, the District shall be deemed to be a municipality within the meaning of those provisions.

      (b) NRS 350.572, sections 1 to 15, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.720, inclusive, if the obligation is:

             (1) Payable solely from pledged revenues;

             (2) A general obligation payable from general ad valorem taxes, the payment of which obligation is additionally secured by a pledge of and lien on designated revenues;

             (3) A medium-term obligation; or

             (4) Any combination of the obligations described in subparagraphs (1), (2) and (3),

Ę but an election must be held before incurring a general obligation payable solely from general ad valorem taxes.

      Sec. 9.  Section 3 of the Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, as last amended by chapter 203, Statutes of Nevada 1997, at page 560, is hereby amended to read as follows:

      Sec. 3.  The District has the following powers:

      1.  To have perpetual succession.

      2.  To sue and be sued in the name of the District in all courts or tribunals of competent jurisdiction.

 


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      3.  To adopt a seal and alter it at the District’s pleasure.

      4.  To enter into contracts, and employ and fix the compensation of staff and professional advisers.

      5.  To borrow money and incur indebtedness [pursuant to chapter 271 of NRS, issue bonds pursuant to chapter 350 of NRS and provide for medium-term obligations pursuant to chapter 350 of NRS to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in this section. For the purposes of NRS 350.572, sections 1 to 15, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.572, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.] to the extent permitted by law.

      6.  To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights-of-way, easements, privileges, water and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the District, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 1 to 15, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works, improvements or property acquired by it as authorized by sections 1 to 15, inclusive, of this act.

      7.  To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including water and water rights, as is necessary or convenient to the full exercise of the district’s powers.

      8.  To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the Board and District.

      9.  Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the District, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the District or for the provision of adequate water service to the service area. The District shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the district without first obtaining the consent of the purveyor.

      10.  To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways and other rights-of-way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.

 


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purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.

      11.  To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the District.

      12.  To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the District, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the District, or to carry such water through any tunnel, canal, ditch or conduit of the District.

      13.  To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the District, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the district by the other party to the agreement.

      14.  To cooperate and act in conjunction with the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the government of the United States or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the District, for the protection of life or property therein, or for the conservation of its water for beneficial use within the district, or to carry out any other works, acts or purposes provided for in sections 1 to 15, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 1 to 15, inclusive, of this act.

      15.  To store water in surface or underground reservoirs within or without the District for the common benefit of the District, to conserve and reclaim water for present and future use within the District, to appropriate and acquire water and water rights and import water into the District for any useful purpose to the District, and to commence, maintain, intervene in and compromise in the name of the District, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:

      (a) The ownership or use of water or water rights within or without the District used or useful for any purpose of the District or of common benefit to any land situated therein;

      (b) The wasteful use of water within the District;

      (c) The interference with or diminution of water or water rights within the District;

 


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      (d) The contamination or pollution of the surface or subsurface water used in the District or any other act that otherwise renders such water unfit for beneficial use; and

      (e) The interference with this water that may endanger or damage the residents, lands or use of water in the District.

      16.  To sell and distribute water under the control of the District, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the board that there is a surplus of water above that amount required to serve customers within the service area.

      17.  To cause taxes to be levied and collected for the purposes prescribed in sections 1 to 15, inclusive, of this act, including the payment of any obligation of the District during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the District, until such taxes are no longer required.

      18.  To supplement the surface and groundwater resources of Virgin Valley by the importation and use of water from other sources for industrial, irrigation, municipal and domestic uses.

      19.  To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.

      20.  To annex area into the District in the manner prescribed for cities in chapter 268 of NRS.

      21.  To supply water under contract or agreement, or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Clark County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Clark County, Nevada, and to deliver water to those users in Mohave County, Arizona, who are located in the Virgin Valley in accordance with the provisions of NRS 533.515 and 533.520, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the District.

      22.  To create assessment districts to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.

      23.  To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the District.

      24.  To assume the obligations of the Bunkerville Water User’s Association, a nonprofit corporation, in providing water service to users in the District’s service area.

      25.  To assume the obligations of the Mesquite Farmstead Water Association, a nonprofit corporation, in providing water service to users in the District’s service area and in its certificated service area in Mohave County, Arizona, pursuant to the certificate of public convenience and necessity granted to the Mesquite Farmstead Water Association by the State of Arizona.

 


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ę2007 Statutes of Nevada, Page 2890 (Chapter 497, SB 498)ę

 

in Mohave County, Arizona, pursuant to the certificate of public convenience and necessity granted to the Mesquite Farmstead Water Association by the State of Arizona.

      26.  To conduct business in Mohave County, Arizona, upon qualifying to do so pursuant to the laws of that state.

      27.  To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the district granted by sections 1 to 15, inclusive, of this act.

      Sec. 10.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 498, SB 201

Senate Bill No. 201–Committee on Government Affairs

 

CHAPTER 498

 

AN ACT relating to public works; authorizing a public body to contract with a construction manager at risk for the preconstruction and construction of a public work; setting forth the method for selecting a construction manager at risk; authorizing a public body to hire a construction manager as agent to assist the public body in overseeing the construction of a public work; requiring local governments to conduct a constructability review under certain circumstances before constructing certain public works; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Sections 2-12 of this bill authorize a public body to enter into contracts with a construction manager at risk for the preconstruction and construction of a public work and provide the method for selecting a construction manager at risk. Under the construction manager at risk method for constructing a public work, a public body may enter into a contract for a negotiated price with a construction manager at risk to provide preconstruction services for the public work that include, without limitation, design support, construction estimating, value and system analysis and scheduling. After the public body has obtained the final design for the public work, the public body and the construction manager at risk are required to attempt to negotiate a contract for the construction manager at risk to construct the public work. If the public body and the construction manager at risk enter into such a contract, the contract must be for: (1) a guaranteed maximum price including the cost of the work plus a fee; (2) a fixed price; or (3) a fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work.

      Section 14 of this bill requires a local government or its authorized representative to conduct a constructability review to determine if the plans and specifications for a public work are complete and contain all necessary information, if: (1) such plans and specifications are to be used for the first time on a public work; and (2) such plans and specifications are for a public work that has an estimated cost which exceeds $10,000,000. This review must be performed by an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS.

 


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ę2007 Statutes of Nevada, Page 2891 (Chapter 498, SB 201)ę

 

      Sections 13 and 21 of this bill authorize a public body to employ a construction manager as agent to assist the public body in overseeing the construction of a public work. A construction manager as agent assists in the planning, scheduling and management of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent is prohibited from taking part in the design or construction of the public work.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  A public body may construct a public work by:

      1.  Selecting a construction manager at risk pursuant to the provisions of sections 4 to 8, inclusive, of this act; and

      2.  Entering into separate contracts with a construction manager at risk:

      (a) For preconstruction services, including, without limitation:

             (1) Assisting the public body in determining whether scheduling or design problems exist that would delay the construction of the public work;

             (2) Estimating the cost of the labor and material for the public work; and

             (3) Assisting the public body in determining whether the public work can be constructed within the public body’s budget; and

      (b) To construct the public work.

      Sec. 3.  To qualify to enter into contracts with a public body for preconstruction services and to construct a public work, a construction manager at risk must:

      1.  Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for statements of qualifications pursuant to section 4 of this act;

      2.  Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;

      3.  Be licensed as a contractor pursuant to chapter 624 of NRS; and

      4.  If the project is for the design of a public work of the State, be qualified to bid on a public work of the State pursuant to NRS 338.1379.

      Sec. 4.  1.  A public body shall advertise for statements of qualifications for a construction manager at risk in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

      2.  A request for a statement of qualifications published pursuant to subsection 1 must include, without limitation:

      (a) A description of the public work;

      (b) An estimate of the cost of construction;

      (c) A description of the work that the public body expects a construction manager at risk to perform;

      (d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

 


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ę2007 Statutes of Nevada, Page 2892 (Chapter 498, SB 201)ę

 

      (e) The date by which statements of qualifications must be submitted to the public body;

      (f) If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a statement of qualifications;

      (g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work; and

      (h) A list of the selection criteria and relative weight of the selection criteria that will be used to evaluate statements of qualifications.

      3.  A statement of qualifications must include, without limitation:

      (a) An explanation of the experience that the applicant has with projects of similar size and scope;

      (b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

      (c) The applicant’s preliminary proposal for managing the preconstruction and construction of the public work;

      (d) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;

      (e) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law; and

      (f) A statement of whether the applicant has been:

             (1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause; and

             (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333.

      Sec. 5.  1.  The public body shall appoint a panel consisting of at least three members to rank the statements of qualifications submitted to the public body by evaluating the statements of qualifications as required pursuant to subsections 2 and 3.

      2.  The panel shall rank the statements of qualifications by:

      (a) Verifying that each applicant satisfies the requirements of section 3 of this act; and

      (b) Conducting an evaluation of the qualifications of each applicant based on the factors and relative weight assigned to each factor that the public body specified in the request for statements of qualifications advertised pursuant to section 4 of this act.

      3.  When ranking the statements of qualifications, the panel shall assign a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works.

      4.  After the panel ranks the statements of qualifications, the public body shall:

      (a) Make available to the public the rankings of the applicants; and

      (b) Except as otherwise provided in subsection 5, select at least the two but not more than the five applicants that the panel determined to be most qualified as finalists to submit final proposals to the public body pursuant to section 6 of this act.

      5.  If the public body did not receive at least two statements of qualifications from applicants that the panel determines to be qualified pursuant to this section and section 3 of this act, the public body may not contract with a construction manager at risk.

 


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ę2007 Statutes of Nevada, Page 2893 (Chapter 498, SB 201)ę

 

      Sec. 6.  1.  After the finalists are selected pursuant to paragraph (b) of subsection 4 of section 5 of this act, the public body shall provide to each finalist a request for final proposals. The request for final proposals must:

      (a) Set forth the date by which final proposals must be submitted to the public body;

      (b) Set forth the proposed forms of the contract to assist in the preconstruction of the public work and the contract to construct the public work that include, without limitation, the proposed terms and general conditions of the contracts; and

      (c) Set forth the selection criteria and relative weight of the selection criteria that will be used to evaluate the final proposals.

      2.  A final proposal must include, without limitation:

      (a) The professional qualifications and experience of the applicant, including, without limitation, the resumes of any employees of the applicant who will be managing the preconstruction and construction of the public work;

      (b) The performance history of the applicant concerning other recent, similar projects completed by the applicant, if any;

      (c) The safety programs established and the safety records accumulated by the applicant;

      (d) The proposed plan of the applicant to manage the preconstruction and construction of the public work, which plan sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work; and

      (e) A proposed plan of the applicant for the selection of any necessary subcontractors.

      Sec. 7.  1.  The panel appointed by the public body pursuant to section 5 of this act shall evaluate and assign a score to each of the final proposals received by the public body based on the factors and relative weight assigned to each factor that the public body specified in the request for final proposals. The panel shall interview the two or three applicants whose final proposals received the highest scores. After conducting such interviews, the panel shall rank the applicants based on the final proposals and interviews, which must be given equal weight.

      2.  Upon receipt of the final rankings of the applicants from the panel, the public body shall enter into negotiations with the most qualified applicant determined pursuant to subsection 1 for a contract for preconstruction services. If the public body is unable to negotiate a contract with the most qualified applicant at an amount of compensation that the public body and the most qualified applicant determine to be fair and reasonable, the public body shall terminate negotiations with that applicant. The public body may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached or a determination is made by the public body to reject all applicants.

      3.  The public body shall make available to the applicants and the public the results of the evaluations of final proposals and interviews conducted pursuant to subsection 1 and the final rankings of the applicants.

      Sec. 8.  1.  If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to section 7 of this act, after the public body has finalized the design for the public work, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work for the public body for:

 


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ę2007 Statutes of Nevada, Page 2894 (Chapter 498, SB 201)ę

 

public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work for the public body for:

      (a) The cost of the work, plus a fee, with a guaranteed maximum price;

      (b) A fixed price; or

      (c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work.

      2.  If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work, the public body:

      (a) Shall terminate negotiations with that applicant; and

      (b) May award the contract for the public work:

             (1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.

             (2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, or 338.143 to 338.148, inclusive, and section 14 of this act.

      Sec. 9.  A contract entered into pursuant to section 8 of this act that is for a guaranteed maximum price may include a provision that authorizes the construction manager at risk to receive all or part of any difference between the guaranteed maximum price set forth in the contract and the actual price of construction of the public work, if the actual price is less than the guaranteed maximum price.

      Sec. 10.  A contract awarded to a construction manager at risk pursuant to section 7 or 8 of this act:

      1.  Must comply with the provisions of NRS 338.020 to 338.090, inclusive.

      2.  Must specify a date by which performance of the work required by the contract must be completed.

      3.  May set forth the terms by which the construction manager at risk agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the construction manager at risk.

      4.  Must require that the construction manager at risk to whom a contract is awarded assume overall responsibility for ensuring that the preconstruction or construction of the public work, as applicable, is completed in a satisfactory manner.

      5.  May include such additional provisions as may be agreed upon by the public body and the construction manager at risk.

      Sec. 11.  A construction manager at risk who enters into a contract for the construction of a public work pursuant to section 8 of this act:

      1.  Is responsible for contracting for the services of any necessary subcontractor, supplier or independent contractor necessary for the construction of the public work and for the performance of and payment to any such subcontractors, suppliers or independent contractors.

      2.  If the public work involves the construction of a fixed work that is described in subsection 2 of NRS 624.215, shall perform not less than 25 percent of the construction of the fixed work himself or using his own employees.

      3.  If the public work involves the construction of a building or structure that is described in subsection 3 of NRS 624.215, may perform himself or using his own employees as much of the construction of the building or structure that the construction manager at risk is able to demonstrate that he or his own employees have performed on similar projects.

 


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ę2007 Statutes of Nevada, Page 2895 (Chapter 498, SB 201)ę

 

building or structure that the construction manager at risk is able to demonstrate that he or his own employees have performed on similar projects.

      Sec. 12.  1.  To be eligible to provide materials, equipment, work or other services on a public work for which a construction manager at risk was awarded a contract pursuant to section 8 of this act, a subcontractor must be:

      (a) Licensed pursuant to chapter 624 of NRS; and

      (b) Selected by the construction manager at risk based on the process of competitive bidding set forth in the applicable provisions of NRS 338.1373 to 338.148, inclusive.

      2.  A construction manager at risk to whom a contract for the construction of a public work is awarded pursuant to section 8 of this act shall submit to the public body that awarded the contract a list containing the names of each subcontractor with whom the construction manager at risk intends to enter into a contract for the provision of materials, equipment, work or other services on the public work.

      Sec. 13.  1.  A construction manager as agent:

      (a) Must:

             (1) Be a contractor licensed pursuant to chapter 624 of NRS;

             (2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS; or

             (3) Be licensed as a professional engineer pursuant to chapter 625 of NRS.

      (b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not take part in the design or construction of the public work.

      2.  A contract between a public body and a construction manager as agent is not required to be awarded by competitive bidding.

      Sec. 14.  1.  Before a local government or its authorized representative advertises for bids for a contract for a public work, the local government or its authorized representative shall perform a review of the approved plans and specifications to determine if the plans and specifications are complete and contain all necessary information and specifications to construct the public work, if:

      (a) The plans and specifications are to be used for the first time on a public work; and

      (b) The plans and specifications are for a public work that has an estimated cost which exceeds $10,000,000.

      2.  A constructability review required pursuant to subsection 1 must be performed by an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS and must include, without limitation:

      (a) A determination of whether a competent contractor would be able to construct the public work based on the approved plans and specifications; and

      (b) A review of the approved plans and specifications for the public work for completeness, clarity and economic feasibility.

 


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ę2007 Statutes of Nevada, Page 2896 (Chapter 498, SB 201)ę

 

      3.  If the local government or its authorized representative does not employ a person who has the expertise to perform a constructability review as described in subsection 2, the local government or its authorized representative must contract with an independent third party who is an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS to perform the constructability review. A contract entered into pursuant to this section between a local government or its authorized representative and an independent third party is not required to be awarded by competitive bidding.

      Sec. 15.  NRS 338.1373 is hereby amended to read as follows:

      338.1373  1.  A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of:

      (a) NRS 338.1377 to 338.139, inclusive;

      (b) NRS 338.143 to 338.148, inclusive [; or] , and section 14 of this act;

      (c) NRS 338.1711 to 338.1727, inclusive [.] ; or

      (d) Sections 2 to 12, inclusive, of this act.

      2.  The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 and 338.1711 to 338.1727, inclusive, and sections 2 to 12, inclusive, of this act, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.

      Sec. 16.  NRS 338.1385 is hereby amended to read as follows:

      338.1385  1.  Except as otherwise provided in subsection 9 and NRS 338.1906 and 338.1907, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386, 338.13862 and 338.13864.

      (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.

      4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

 


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ę2007 Statutes of Nevada, Page 2897 (Chapter 498, SB 201)ę

 

      5.  Except as otherwise provided in subsection 6 and NRS 338.1389, a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

      6.  Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382;

      (b) The bidder is not responsive or responsible;

      (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (d) The public interest would be served by such a rejection.

      7.  A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

      (a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);

      (c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the bidder who has submitted the lowest responsive and responsible bid.

      8.  Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

      (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

      (e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.

      9.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; [or]

 


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ę2007 Statutes of Nevada, Page 2898 (Chapter 498, SB 201)ę

 

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive [.] ;

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to section 14 of this act; or

      (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to sections 2 to 12, inclusive, of this act.

      Sec. 17.  NRS 338.1385 is hereby amended to read as follows:

      338.1385  1.  Except as otherwise provided in subsection 9, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and having a general circulation within the county.

      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386, 338.13862 and 338.13864.

      (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.

      4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

      5.  Except as otherwise provided in subsection 6 and NRS 338.1389, a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

      6.  Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382;

      (b) The bidder is not responsive or responsible;

      (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (d) The public interest would be served by such a rejection.

      7.  A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

 


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ę2007 Statutes of Nevada, Page 2899 (Chapter 498, SB 201)ę

 

      (a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);

      (c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the lowest responsive and responsible bidder.

      8.  Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

      (d) An estimate of the total cost of the public work, including, the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

      (e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.

      9.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; [or]

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive [.] ;

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to section 14 of this act; or

      (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to sections 2 to 12, inclusive, of this act.

      Sec. 18.  NRS 338.143 is hereby amended to read as follows:

      338.143  1.  Except as otherwise provided in subsection 8 and NRS 338.1907, a local government or its authorized representative that awards a contract for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work.

 


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ę2007 Statutes of Nevada, Page 2900 (Chapter 498, SB 201)ę

 

238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1442, 338.1444 and 338.1446.

      (c) Divide a project work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a local government shall report to the governing body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

      4.  Except as otherwise provided in subsection 5 and NRS 338.147, the local government or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

      5.  Any bids received in response to an advertisement for bids may be rejected if the local government or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not responsive or responsible;

      (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (c) The public interest would be served by such a rejection.

      6.  A local government may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

      (a) The local government publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The local government considers any bid submitted in response to the notice published pursuant to paragraph (a);

      (c) The local government lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the lowest responsive and responsible bidder.

      7.  Before a local government may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the local government shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the local government intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the local government intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

 


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ę2007 Statutes of Nevada, Page 2901 (Chapter 498, SB 201)ę

 

      (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

      (e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the public work itself.

      8.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; [or]

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive [.] ;

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to section 14 of this act; or

      (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to sections 2 to 12, inclusive, of this act.

      Sec. 19.  NRS 338.143 is hereby amended to read as follows:

      338.143  1.  Except as otherwise provided in subsection 8, a local government or its authorized representative that awards a contract for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published within the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation within the county.

      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1442, 338.1444 or 338.1446.

      (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a local government shall report to the governing body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

      4.  Except as otherwise provided in subsection 5 and NRS 338.147, the local government or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

 


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ę2007 Statutes of Nevada, Page 2902 (Chapter 498, SB 201)ę

 

      5.  Any bids received in response to an advertisement for bids may be rejected if the local government or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not responsive or responsible;

      (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (c) The public interest would be served by such a rejection.

      6.  A local government may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

      (a) The local government publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The local government considers any bid submitted in response to the notice published pursuant to paragraph (a);

      (c) The local government lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the lowest responsive and responsible bidder.

      7.  Before a local government may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the local government shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the local government intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the local government intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

      (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

      (e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the public work itself.

      8.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; [or]

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive [.] ;

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to section 14 of this act; or

 


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ę2007 Statutes of Nevada, Page 2903 (Chapter 498, SB 201)ę

 

      (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to sections 2 to 12, inclusive, of this act.

      Sec. 20.  NRS 338.1711 is hereby amended to read as follows:

      338.1711  1.  Except as otherwise provided in this section and NRS 338.161 to 338.168, inclusive, and sections 2 to 12, inclusive, of this act, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.

      2.  A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work:

      (a) Is the construction of a park and appurtenances thereto, the rehabilitation or remodeling of a public building, or the construction of an addition to a public building; or

      (b) Has an estimated cost which exceeds $10,000,000.

      Sec. 21.  NRS 338.1717 is hereby amended to read as follows:

      338.1717  A public body may employ a registered architect, general contractor, construction manager as agent, landscape architect or licensed professional engineer as a consultant to assist the public body in overseeing the construction of a public work. An architect, general contractor, construction manager as agent, landscape architect or engineer so employed shall not:

      1.  Construct the public work; or

      2.  Assume overall responsibility for ensuring that the construction of the public work is completed in a satisfactory manner.

      Sec. 22.  1.  This section and sections 1 to 16, inclusive, 18, 20 and 21 of this act become effective on October 1, 2007.

      2.  Sections 16 and 18 of this act expire by limitation on April 30, 2013.

      3.  Sections 17 and 19 of this act become effective on May 1, 2013.

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ę2007 Statutes of Nevada, Page 2904ę

 

CHAPTER 499, SB 196

Senate Bill No. 196–Committee on Government Affairs

 

CHAPTER 499

 

AN ACT relating to organizations for the promotion of culture; limiting the total face amount of bonds that the Commission for Cultural Affairs may issue annually to provide financial assistance for the preservation and promotion of cultural resources; exempting artifacts donated to the Department of Cultural Affairs from the procedures otherwise applicable to state agencies for the acceptance of gifts or grants of property or services; exempting certain property from taxation; changing the name of the Nevada State Museum and Historical Society; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Commission for Cultural Affairs to provide financial assistance, in an amount not to exceed $3,000,000 per year from the proceeds of bonds, to governmental entities and nonprofit corporations formed for educational and charitable purposes. (NRS 233C.220, 233C.225) Section 1 of this bill eliminates the $3,000,000 annual cap on financial assistance that may be granted from the proceeds of bonds and provides instead that the face amount of the bonds issued annually to provide such financial assistance may not exceed $3,000,000, thereby allowing additional bond sale proceeds or premiums to be used to provide financial assistance.

      Section 3 of this bill exempts artifacts donated to the Department of Cultural Affairs from the procedures otherwise applicable to state agencies for the acceptance of gifts or grants of property or services. (NRS 353.335)

      Section 4 of this bill provides an exemption from taxation for the Boulder City Museum and Historical Association.

      Section 5 of this bill changes the name of the “Nevada State Museum and Historical Society” to the “Nevada State Museum Las Vegas.” (NRS 120A.360, 381.004, 381.207)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233C.225 is hereby amended to read as follows:

      233C.225  1.  The Commission shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The Commission shall notify the State Board of Examiners and the State Board of Finance of that amount. [In no case may the amount to be granted from the proceeds of such bonds exceed $3,000,000 per year.]

      2.  After receiving the notice given pursuant to subsection 1, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the Commission from the proceeds of bonds issued pursuant to this section and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.

 


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ę2007 Statutes of Nevada, Page 2905 (Chapter 499, SB 196)ę

 

the bonds sold. In no case may the total face amount of the bonds issued pursuant to this section exceed $3,000,000 per year. No public debt is created, within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the State Treasurer and credited to the Fund for the Preservation and Promotion of Cultural Resources.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      [5.  The amount of financial assistance granted from the proceeds of bonds issued pursuant to this section must not exceed $30,000,000 in any 10-year period. The total face amount of the bonds issued pursuant to this section must not exceed the sum of:

      (a) The amount of financial assistance granted pursuant to this section; and

      (b) The amount necessary to pay the expenses related to the issuance of the bonds, which must not exceed 2 percent of the face amount of the bonds sold.]

      Sec. 2.  NRS 120A.360 is hereby amended to read as follows:

      120A.360  1.  Except as otherwise provided in subsections 4, 5 and 6, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords in his judgment the most favorable market for the property involved. The Administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.

      2.  Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of the sale in a newspaper of general circulation in the county where the property is to be sold.

      3.  The purchaser at any sale conducted by the Administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of title.

      4.  The Administrator need not offer any property for sale if, in his opinion, the probable cost of the sale exceeds the value of the property. The Administrator may destroy or otherwise dispose of such property or may transfer it to:

      (a) The Nevada State Museum [and Historical Society,] Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation;

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum [and Historical Society,] Las Vegas, the Nevada State Museum or the Nevada Historical Society; or

      (c) A veterans’ or military museum, upon its written request, if the property has military or military historical value and is not wanted by the Nevada State Museum [and Historical Society,] Las Vegas, the Nevada State Museum or the Nevada Historical Society.

 


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ę2007 Statutes of Nevada, Page 2906 (Chapter 499, SB 196)ę

 

Ę An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

      5.  Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

      (a) Over the counter at the prevailing price for that security at the time of sale; or

      (b) By any other method the Administrator deems acceptable.

      6.  The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period, it may be destroyed.

      Sec. 3.  NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

      2.  If:

      (a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

      (b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.

      (c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

      3.  The Secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.

      4.  In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:

      (a) The need for the facility or service to be provided or improved;

      (b) Any present or future commitment required of the State;

      (c) The extent of the program proposed; and

 


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ę2007 Statutes of Nevada, Page 2907 (Chapter 499, SB 196)ę

 

      (d) The condition of the national economy, and any related fiscal or monetary policies.

      5.  A state agency may accept:

      (a) Gifts, including grants from nongovernmental sources, not exceeding $10,000 each in value; and

      (b) Governmental grants not exceeding $100,000 each in value,

Ę if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Department of Administration, the specific approval of the Chief.

      6.  This section does not apply to:

      (a) The Nevada System of Higher Education; [or]

      (b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 [.] ; or

      (c) Artifacts donated to the Department of Cultural Affairs.

      Sec. 4.  NRS 361.110 is hereby amended to read as follows:

      361.110  1.  Except as otherwise provided in subsection 2, the buildings, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, of the Nevada Museum of Art, Inc., the Boulder City Museum and Historical Association, the Young Men’s Christian Association, the Young Women’s Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc., the Boy Scouts of America and the Sierra Arts Foundation are exempt from taxation.

      2.  If any property exempt from taxation pursuant to subsection 1 is used for purposes other than those of the organizations described in subsection 1, respectively, and a rent or other valuable consideration is received for its use, the property must be taxed, unless the rent or other valuable consideration is paid or given by an organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 5.  NRS 381.004 is hereby amended to read as follows:

      381.004  1.  The Division of Museums and History is hereby created in the Department.

      2.  The Division consists of the Office of the Administrator and a state system of museums consisting of the following museums and historical societies, which are hereby established as institutions of the Division:

      (a) The Nevada State Museum;

      (b) The Lost City Museum;

      (c) The Nevada State Museum [and Historical Society;] Las Vegas;

      (d) The Nevada Historical Society;

      (e) The East Ely Depot Museum;

      (f) The Nevada State Railroad Museum in Carson City; and

      (g) The Nevada State Railroad Museum in Boulder City.

      3.  Each institution shall, in accordance with the duties assigned to it by the Administrator, collect, preserve and interpret the history, prehistory and natural history of this State.

 


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ę2007 Statutes of Nevada, Page 2908 (Chapter 499, SB 196)ę

 

      Sec. 6.  NRS 381.207 is hereby amended to read as follows:

      381.207  1.  The holder of a permit, except as otherwise provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, deposits of fossil bones or other archeological and vertebrate paleontological features within the State shall give to the State 50 percent of all articles, implements and materials found or discovered, to be deposited with the Nevada State Museum, for exhibition or other use within the State as determined by the Museum Director. The Museum Director may accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection, the Museum Director shall notify the Office of Historic Preservation.

      2.  The holder of a permit who does any such work within the State under the authority and direction of the Nevada Historical Society, the Nevada State Museum [and Historical Society,] Las Vegas, or an institution or political subdivision of the State shall give 50 percent of all articles, implements and materials found or discovered to the Society, institution or political subdivision. The holder of the permit may retain the other 50 percent.

      3.  If the Nevada Historical Society, the Nevada State Museum [and Historical Society,] Las Vegas, or an institution or political subdivision of the State is the holder of the permit, it may retain all articles, implements and materials found or discovered.

      4.  Whenever the Office of Historic Preservation acquires articles, implements and materials under the provisions of this section, they must be transferred to the Museum Director for exhibition or other use within the State as determined by the Museum Director.

      Sec. 7.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 8.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

 


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ę2007 Statutes of Nevada, Page 2909 (Chapter 499, SB 196)ę

 

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 9.  This act becomes effective upon passage and approval.

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CHAPTER 500, SB 143

Senate Bill No. 143–Committee on Human Resources and Education

 

CHAPTER 500

 

AN ACT relating to education; establishing an Advisory Council on Parental Involvement; authorizing teachers in elementary schools to provide reports to parents and legal guardians of pupils under certain circumstances; requiring support teams established for certain schools to review certain information; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Sections 2-4 of this bill establish an Advisory Council on Parental Involvement and prescribe the membership and duties of the Advisory Council.

      The statewide system of accountability for public schools requires that public schools be designated each year based upon adequate yearly progress. (NRS 385.3623) A support team must be established for each public school that is designated as demonstrating need for improvement for 3 consecutive years or more. (NRS 385.3721) Each support team is required to review certain information pertaining to the school and revise the school’s plan to improve accordingly. (NRS 385.3741) Section 5 of this bill requires the support team to review information provided to the support team concerning educational involvement accords and reports provided to parents and legal guardians by elementary school teachers.

      Section 6 of this bill authorizes a teacher in an elementary school to provide to each parent and legal guardian of a pupil enrolled in the school, on a form prescribed by the Department of Education, a report containing certain information about the pupil and the involvement of the parent or legal guardian in the education of his child. Aggregate information concerning any completed reports must be provided to the support team established for the school, if a support team has been established.

      Under existing law, each public school is required to provide to each parent or legal guardian of a pupil an educational involvement accord. The accord provides information concerning the responsibilities of the parent or legal guardian, the pupil and the school in the education of the pupil. (NRS 392.4575) Section 7 of this bill requires principals of schools designated as demonstrating need for improvement for 3 consecutive years or more to provide aggregate information concerning the accords to the support team established for the school.

      Under existing law, each classroom teacher is required to provide the code of honor relating to cheating to the parent or legal guardian of each pupil enrolled in his class as part of the educational involvement accord. (NRS 392.4575) Section 8 of this bill requires provision of the code of honor relating to cheating to the pupil as well as his parent or legal guardian for their signature on that document. (NRS 392.461)

 


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ę2007 Statutes of Nevada, Page 2910 (Chapter 500, SB 143)ę

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in sections 2, 3 and 4 of this act, “Advisory Council” means the Advisory Council on Parental Involvement established pursuant to section 3 of this act.

      Sec. 3.  1.  The Superintendent of Public Instruction shall establish an Advisory Council on Parental Involvement. The Advisory Council is composed of 10 members.

      2.  The Superintendent of Public Instruction shall appoint the following members to the Advisory Council:

      (a) Two parents or legal guardians of pupils enrolled in public schools;

      (b) Two teachers in public schools;

      (c) One administrator of a public school;

      (d) One representative of a private business or industry;

      (e) One member of the board of trustees of a school district in a county whose population is 100,000 or more; and

      (f) One member of the board of trustees of a school district in a county whose population is less than 100,000.

Ę The Superintendent of Public Instruction shall, to the extent practicable, ensure that the members he appoints to the Advisory Council reflect the ethnic, economic and geographic diversity of this State.

      3.  The Speaker of the Assembly shall appoint one member of the Assembly to the Advisory Council.

      4.  The Majority Leader of the Senate shall appoint one member of the Senate to the Advisory Council.

      5.  The Advisory Council shall elect a Chairman and Vice Chairman from among its members. The Chairman and Vice Chairman serve a term of 1 year.

      6.  After the initial terms:

      (a) The term of each member of the Advisory Council who is appointed by the Superintendent of Public Instruction is 3 years.

      (b) The term of each member of the Advisory Council who is appointed by the Speaker of the Assembly and the Majority Leader of the Senate is 2 years.

      7.  The Department shall provide:

      (a) Administrative support to the Advisory Council; and

      (b) All information that is necessary for the Advisory Council to carry out its duties.

      8.  For each day or portion of a day during which a member of the Advisory Council who is a Legislator attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council, except during a regular or special session of the Legislature, he is entitled to receive the:

      (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers generally; and

      (c) Travel expenses provided pursuant to NRS 218.2207.

 


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ę2007 Statutes of Nevada, Page 2911 (Chapter 500, SB 143)ę

 

Ę The compensation, per diem allowances and travel expenses of the legislative members of the Advisory Council must be paid from the Legislative Fund.

      9.  A member of the Advisory Council who is not a Legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council. The per diem allowance and travel expenses for the members of the Advisory Council who are not Legislators must be paid by the Department.

      Sec. 4.  The Advisory Council shall:

      1.  Review the policy of parental involvement adopted by the State Board and the policy of parental involvement adopted by the board of trustees of each school district pursuant to NRS 392.457;

      2.  Review the information relating to communication with and participation of parents that is included in the annual report of accountability for each school district pursuant to paragraph (j) of subsection 2 of NRS 385.347;

      3.  Review any effective practices carried out in individual school districts to increase parental involvement and determine the feasibility of carrying out those practices on a statewide basis;

      4.  Review any effective practices carried out in other states to increase parental involvement and determine the feasibility of carrying out those practices in this State;

      5.  Identify methods to communicate effectively and provide outreach to parents and legal guardians of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;

      6.  Identify the manner in which the level of parental involvement affects the performance, attendance and discipline of pupils;

      7.  Identify methods to communicate effectively with and provide outreach to parents and legal guardians of pupils who are limited English proficient;

      8.  Determine the necessity for the appointment of a statewide parental involvement coordinator or a parental involvement coordinator in each school district, or both;

      9.  On or before July 1 of each year, submit a report to the Legislative Committee on Education describing the activities of the Advisory Council and any recommendations for legislation; and

      10.  On or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature describing the activities of the Advisory Council and any recommendations for legislation.

      Sec. 5.  NRS 385.3741 is hereby amended to read as follows:

      385.3741  1.  Each support team established for a public school pursuant to NRS 385.3721 shall:

      (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

 


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ę2007 Statutes of Nevada, Page 2912 (Chapter 500, SB 143)ę

 

      (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

      (c) Review the most recent plan to improve the achievement of the school’s pupils.

      (d) Review the information concerning the educational involvement accords provided to the support team pursuant to NRS 392.4575 and the information concerning the reports provided to the support team pursuant to section 6 of this act.

      (e) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

      [(e)] (f) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

      [(f)] (g) Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department.

      [(g)] (h) In accordance with its findings pursuant to this section and NRS 385.3742, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357. The written revisions must:

             (1) Comply with NRS 385.357;

             (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

             (3) Include the data and findings of the support team that provide support for the revisions;

             (4) Set forth goals, objectives, tasks and measures for the school that are:

                   (I) Designed to improve the achievement of the school’s pupils;

                   (II) Specific;

                   (III) Measurable; and

                   (IV) Conducive to reliable evaluation;

             (5) Set forth a timeline to carry out the revisions;

             (6) Set forth priorities for the school in carrying out the revisions; and

             (7) Set forth the [names] name and duties of each person who is responsible for carrying out the revisions.

      [(h)] (i) Except as otherwise provided in this paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school.

      [(i)] (j) Prepare a monthly progress report in the format prescribed by the Department and:

 


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ę2007 Statutes of Nevada, Page 2913 (Chapter 500, SB 143)ę

 

             (1) Submit the progress report to the Department.

             (2) Distribute copies of the progress report to each employee of the school for review.

      [(j)] (k) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

      2.  A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

      3.  The Department shall prescribe a concise monthly progress report for use by each support team in accordance with paragraph [(i)] (j) of subsection 1.

      Sec. 6.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall:

      (a) Prescribe a form for use by teachers in elementary schools to provide reports to parents and legal guardians of pupils pursuant to this section;

      (b) Work in consultation with the Legislative Bureau of Educational Accountability and Program Evaluation, the Nevada Association of School Boards, the Nevada Association of School Administrators, the Nevada State Education Association and the Nevada Parent Teacher Association in the development of the form; and

      (c) Make the form available in electronic format for use by school districts and charter schools and, upon request, in any other manner deemed reasonable by the Department.

      2.  The form must include, without limitation:

      (a) A notice to parents and legal guardians that parental involvement is important in ensuring the success of the academic achievement of pupils;

      (b) A checklist indicating whether:

             (1) The pupil completes his homework assignments in a timely manner;

             (2) The pupil is present in the classroom when school begins each day and is present for the entire school day unless his absence is approved in accordance with NRS 392.130;

             (3) The parent or legal guardian and the pupil abide by any applicable rules and policies of the school and the school district; and

             (4) The pupil complies with the dress code for the school, if applicable; and

      (c) A list of the resources and services available within the community to assist parents and legal guardians in addressing any issues identified on the checklist.

      3.  In addition to the requirements of subsection 2, the Department may prescribe additional information for inclusion on the form, including, without limitation:

      (a) A report of the participation of the parent or legal guardian, including, without limitation, whether the parent or legal guardian:

             (1) Completes forms and other documents that are required by the school or school district in a timely manner;

 


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ę2007 Statutes of Nevada, Page 2914 (Chapter 500, SB 143)ę

 

             (2) Assists in carrying out a plan to improve the pupil’s academic achievement, if applicable;

             (3) Attends conferences between the teacher and the parent or legal guardian, if applicable; and

             (4) Attends school activities.

      (b) A report of whether the parent or legal guardian ensures the health and safety of the pupil, including, without limitation, whether:

             (1) Current information is on file with the school that designates each person whom the school should contact if an emergency involving the pupil occurs; and

             (2) Current information is on file with the school regarding the health and safety of the pupil, such as immunization records, if applicable, and any special medical needs of the pupil.

      4.  A teacher at an elementary school may provide the form prescribed by the Department, including the additional information prescribed pursuant to subsection 3 if the Department has prescribed such information on the form, to a parent or legal guardian of a pupil if the teacher determines that the provision of such a report would assist in improving the academic achievement of the pupil.

      5.  A report provided to a parent or legal guardian pursuant to this section must not be used in a manner that:

      (a) Interferes unreasonably with the personal privacy of the parent or legal guardian or the pupil;

      (b) Reprimands the parent or legal guardian; or

      (c) Affects the grade or report of progress given to a pupil based upon the information contained in the report.

      6.  The principal of each elementary school at which a teacher provides reports pursuant to this section shall provide to the support team established for the school pursuant to NRS 385.3721, if applicable, the information contained in the completed reports for consideration by the support team. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.

      Sec. 7.  NRS 392.4575 is hereby amended to read as follows:

      392.4575  1.  The Department shall prescribe a form for educational involvement accords to be used by all public schools in this State. The educational involvement accord must comply with the parental involvement policy:

      (a) Required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

      (b) Adopted by the State Board pursuant to NRS 392.457.

      2.  Each educational involvement accord must include, without limitation:

      (a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

             (1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

             (2) Reviewing and checking the pupil’s homework; and

             (3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

 


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ę2007 Statutes of Nevada, Page 2915 (Chapter 500, SB 143)ę

 

      (b) The responsibilities of a pupil in a public school, including, without limitation:

             (1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

             (2) Using all school equipment and property appropriately and safely;

             (3) Following the directions of any adult member of the staff of the school;

             (4) Completing and submitting homework in a timely manner; and

             (5) Respecting himself, others and all property.

      (c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

             (1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

             (2) Maximizing the educational and social experience of each pupil;

             (3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

             (4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

      3.  Each educational involvement accord must be accompanied by, without limitation:

      (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

      (b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

      (c) The homework and grading policies of the pupil’s teacher or school;

      (d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

      (e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

      (f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

      (g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

      (h) The classroom rules and policies;

      (i) The dress code of the school, if any;

      (j) The availability of assistance to parents who have limited proficiency in the English language;

      (k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

      (l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

      (m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

 


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ę2007 Statutes of Nevada, Page 2916 (Chapter 500, SB 143)ę

 

      4.  The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

      (a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in his class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

      (b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

      5.  Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      6.  The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.

      7.  If an elementary school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years or more, the principal of the school shall provide to the support team established for the school pursuant to NRS 385.3721 information concerning the distribution of the educational involvement accord and the number of accords which were signed and returned by parents and legal guardians. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.

      Sec. 8.  NRS 392.461 is hereby amended to read as follows:

      392.461  1.  The Department shall prescribe by regulation a written policy that establishes a code of honor for pupils relating to cheating on examinations and course work. The policy must be developed in consultation with the boards of trustees of school districts, the governing bodies of charter schools, educational personnel employed by school districts and charter schools, and local associations and organizations of parents whose children are enrolled in public schools throughout this State.

      2.  The policy must include, without limitation, a definition of cheating that clearly and concisely informs pupils which acts constitute cheating for purposes of the code of honor.

      3.  On or before July 1 of each year, the Department shall:

      (a) Provide a copy of the code of honor to the board of trustees of each school district and the governing body of each charter school.

      (b) Review and amend the code of honor as necessary.

      4.  Copies of the code of honor must be made available for inspection at each public school located within a school district, including, without limitation, each charter school, in an area on the grounds of the school that is open to the public.

      5.  Each classroom teacher shall:

      (a) Distribute the code of honor to each pupil enrolled in his class and to the parent or legal guardian of each pupil enrolled in his class at the beginning of each school year or upon a pupil’s enrollment in his class, as applicable;

 


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ę2007 Statutes of Nevada, Page 2917 (Chapter 500, SB 143)ę

 

      (b) Provide the pupil and the parent or legal guardian of the pupil with a reasonable opportunity to sign the code of honor; and

      (c) If the code of honor is returned with the signatures, retain a copy of the signed code of honor in the pupil’s file.

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

      Sec. 11.  On or before September 1, 2007, the Department of Education shall prescribe a form in accordance with section 6 of this act for use commencing with the 2007-2008 school year by teachers in elementary schools.

      Sec. 12.  1.  On or before September 1, 2007, the Superintendent of Public Instruction shall appoint to the Advisory Council on Parental Involvement established pursuant to section 3 of this act:

      (a) Four members to terms commencing on September 1, 2007, and expiring on June 30, 2009.

      (b) Four members to terms commencing on September 1, 2007, and expiring on June 30, 2010.

      2.  On or before September 1, 2007, the Speaker of the Assembly and the Majority Leader of the Senate shall each appoint a member to the Advisory Council who is a member of the house that he represents to a term commencing on September 1, 2007, and expiring on June 30, 2009.

      Sec. 13.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 501, SB 115

Senate Bill No. 115–Senator Coffin

 

CHAPTER 501

 

AN ACT relating to education; providing that the rights of a parent of a pupil with a disability under the Individuals with Disabilities Education Act transfer to the pupil when the pupil attains the age of 18 years; providing that a parent of a pupil with a disability may request to represent the educational interests of the pupil when the pupil attains the age of 18 years; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      The Individuals with Disabilities Education Act (IDEA) authorizes, but does not require, a state to transfer the rights of a parent of a pupil with a disability under the IDEA to the pupil when the pupil attains the age of majority under state law. (20 U.S.C. § 1415(m)) The IDEA also requires that, if a state transfers the rights of a parent to the pupil, the state must provide a special rule that would allow the parent of the pupil with a disability to be appointed to represent the educational interests of the pupil under certain circumstances. (20 U.S.C. § 1415(m)(2)) If a court has appointed a guardian for a pupil with a disability, the rights that would otherwise transfer to the pupil must remain with or otherwise transfer to the guardian. The State Board of Education has adopted regulations which transfer the rights of a parent of a pupil with a disability to the pupil when the pupil attains the age of 18 years if a court has not appointed a guardian for the pupil. (NRS 388.520; NAC 388.195)

      Section 2 of this bill provides that the rights of a parent of a pupil with a disability under the IDEA transfer to the pupil when the pupil attains the age of 18 years.

 


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ę2007 Statutes of Nevada, Page 2918 (Chapter 501, SB 115)ę

 

      Section 3 of this bill authorizes the parent of a pupil with a disability to submit a concise application to the school district or the charter school in which the pupil is enrolled for the appointment of the parent to represent the educational interests of the pupil when the pupil attains the age of 18 years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in this section and section 3 of this act, any right accorded to a parent of a pupil with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or the regulations adopted pursuant thereto, transfers to the pupil when the pupil attains the age of 18 years.

      2.  Not less than 90 days before the date on which a pupil with a disability attains the age of 18 years, the school district or charter school in which the pupil is enrolled shall provide notice to the:

      (a) Parent of the transfer of his rights pursuant to subsection 1 and of the process for submission of an application to the school district or charter school pursuant to section 3 of this act.

      (b) Pupil concerning the transfer of rights to the pupil.

      3.  If a pupil with a disability attains the age of 18 years and the pupil is enrolled in a program of special education pursuant to NRS 388.440 to 388.5315, inclusive, and sections 2 and 3 of this act, the school district or charter school in which the pupil is enrolled shall provide any notice required pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, or NRS 388.440 to 388.5315, inclusive, and sections 2 and 3 of this act, and the regulations adopted pursuant thereto, to the:

      (a) Parent; and

      (b) Pupil with a disability,

Ę regardless of whether the parent is appointed to represent the educational interests of the pupil pursuant to section 3 of this act or the rights transfer to the pupil pursuant to subsection 1.

      4.  If a court of competent jurisdiction adjudicates a pupil with a disability incompetent and appoints a guardian for the pupil, all rights pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, remain with or otherwise transfer to the guardian.

      Sec. 3.  1.  A parent of a pupil with a disability may, at least 90 days before the pupil attains 18 years of age, submit an application to the school district or the charter school in which the pupil is enrolled to appoint the parent to represent the educational interests of the pupil if:

      (a) The parent believes that the pupil does not have the ability to provide informed consent with respect to his own educational program; and

      (b) The status of the pupil is such, as determined in accordance with the regulations adopted pursuant to subsection 5, that the parent is authorized to submit such an application.

      2.  The application must be submitted on a concise form prescribed by the Department. The application:

 


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ę2007 Statutes of Nevada, Page 2919 (Chapter 501, SB 115)ę

 

      (a) Must not be unduly burdensome on the parent to fill out; and

      (b) Must not require the pupil to sign the application or otherwise require the pupil to grant permission for the parent to represent the pupil’s educational interests.

      3.  If the school district or charter school grants an application, the parent shall continue to represent the educational interests of the pupil until:

      (a) The pupil receives a standard high school diploma or an adjusted diploma;

      (b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.440 to 388.5315, inclusive, and sections 2 and 3 of this act; or

      (c) The parent elects to transfer the right to represent educational interests to the pupil.

      4.  A parent or a pupil may appeal a determination made pursuant to this section in accordance with the procedure used by the Department for administrative complaints.

      5.  The State Board shall adopt regulations to carry out this section and section 2 of this act, including, without limitation, the establishment of criteria for determining whether the status of a pupil with a disability is such that his parent is authorized to submit an application to represent the educational interests of the pupil pursuant to this section.

      Sec. 4.  NRS 388.440 is hereby amended to read as follows:

      388.440  As used in NRS 388.440 to 388.5315, inclusive [:] , and sections 2 and 3 of this act:

      1.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      2.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      Sec. 5.  This act becomes effective on July 1, 2007.

________

 


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ę2007 Statutes of Nevada, Page 2920ę

 

CHAPTER 502, SB 90

Senate Bill No. 90–Senator Nolan

 

CHAPTER 502

 

AN ACT relating to homeland security; revising the composition of voting members of the Nevada Commission on Homeland Security; authorizing the Chairman of the Commission to appoint nonmembers to certain committees; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill adds an employee of the largest incorporated city in each county whose population is 400,000 or more to the list of voting members who must be appointed by the Governor to the Nevada Commission on Homeland Security. Section 1 also changes the status of the officer designated by the United States Department of Homeland Security and the agent in charge of the office of the Federal Bureau of Investigation in this State to serve on the Nevada Commission on Homeland Security from voting members to nonvoting members. (NRS 239C.120)

      Section 2 of this bill clarifies that the Chairman of the Nevada Commission on Homeland Security is authorized to appoint any person he deems appropriate to serve on a committee to assist the Commission so long as one member of the Commission is appointed to the committee. In addition, section 2 provides that if a member of such a committee is a public employee, he must be given leave with pay to serve on the committee without reducing any of his accrued leave. (NRS 239C.170)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 239C.120 is hereby amended to read as follows:

      239C.120  1.  The Nevada Commission on Homeland Security is hereby created.

      2.  The Governor shall appoint to the Commission 14 voting members that he determines to be appropriate and who serve at his pleasure, which must include at least:

      (a) The sheriff of each county whose population is 100,000 or more;

      (b) The chief of the county fire department in each county whose population is 100,000 or more;

      (c) [The agent in charge of the office of the Federal Bureau of Investigation in this State; and

      (d) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State; and

      (e)] A member of the medical community in a county whose population is 400,000 or more ; and

      (d) An employee of the largest incorporated city in each county whose population is 400,000 or more.

      3.  The Governor shall appoint:

      (a) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State; and

 


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ę2007 Statutes of Nevada, Page 2921 (Chapter 502, SB 90)ę

 

      (b) The agent in charge of the office of the Federal Bureau of Investigation in this State,

Ę as nonvoting members of the Commission.

      4.  The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.

      [4.] 5.  The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.

      [5.] 6.  Except for the initial members, the term of office of each member of the Commission who is a Legislator is 2 years and commences on July 1 of the year of appointment.

      [6.] 7.  The Governor or his designee shall:

      (a) Serve as Chairman of the Commission; and

      (b) Appoint a member of the Commission to serve as Vice Chairman of the Commission.

      Sec. 2.  NRS 239C.170 is hereby amended to read as follows:

      239C.170  1.  The Chairman of the Commission shall, with the approval of the Commission, appoint a Committee on Finance and any other committees deemed necessary by the Chairman to assist in carrying out the duties of the Commission. The Chairman of the Commission shall appoint to a committee the number of voting members or nonvoting members, or both, that he determines to be appropriate . [,] The Chairman may appoint any person he deems appropriate to serve on a committee, except that a committee must include at least one member of the Commission. At its first meeting and annually thereafter, a committee shall select a chairman and a vice chairman from the members of the committee.

      2.  If a member of a committee formed pursuant to subsection 1 is a public employee, his employer must grant him administrative leave from his duties to serve on the committee without loss of his regular compensation and without reducing the amount of any other accrued leave he may have.

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

________

 


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

ę2007 Statutes of Nevada, Page 2922ę

 

CHAPTER 503, SB 84

Senate Bill No. 84–Committee on Government Affairs

 

CHAPTER 503

 

AN ACT relating to land use planning; revising provisions governing certificates pertaining to the subdivision of existing industrial or commercial buildings; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a professional engineer or registered architect is required to certify that a proposed subdivision of an existing industrial or commercial building will comply with the applicable building code and such a certificate is required to be attached to any document that proposes to subdivide the building. (NRS 278.325) This bill requires such a certificate to indicate that the building complies with applicable current state law and with the building code in effect at the time the building was constructed. This bill also requires that, in a county whose population is 400,000 or more (currently Clark County), such a certificate be reviewed, approved and signed by the building official having jurisdiction over the area within which the building is situated.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.325 is hereby amended to read as follows:

      278.325  1.  If a subdivision is proposed on land which is zoned for industrial or commercial development, neither the tentative nor the final map need show any division of the land into lots or parcels, but the streets and any other required improvements are subject to the requirements of NRS 278.010 to 278.630, inclusive.

      2.  No parcel of land may be sold for residential use from a subdivision whose final map does not show a division of the land into lots.

      3.  Except as otherwise provided in subsection 4, a boundary or line must not be created by a conveyance of a parcel from an industrial or commercial subdivision unless a professional land surveyor has surveyed the boundary or line and set the monuments. The surveyor shall file a record of the survey pursuant to the requirements set forth in NRS 625.340. Any conveyance of such a parcel must contain a legal description of the parcel that is independent of the record of survey.

      4.  The provisions of subsection 3 do not apply to a boundary or line that is created entirely within an existing industrial or commercial building. A certificate prepared by a professional engineer or registered architect [which certifies] certifying compliance with the applicable law of this State in effect at the time of the preparation of the certificate and with the building code in effect at the time the building was constructed must be attached to any document which proposes to subdivide such a building.

      5.  A certificate prepared pursuant to subsection 4 for a building located in a county whose population is 400,000 or more must be reviewed, approved and signed by the building official having jurisdiction over the area within which the building is situated.

________

 


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ę2007 Statutes of Nevada, Page 2923ę

 

CHAPTER 504, SB 55

Senate Bill No. 55–Committee on Finance

 

CHAPTER 504

 

AN ACT relating to the Lake Tahoe Basin; authorizing the issuance of general obligation bonds to carry out the Environmental Improvement Program; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      The Environmental Improvement Program was implemented in 1997 to carry out projects to improve the environment in the Lake Tahoe Basin. The costs of the Program are apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property in both States. In 1999, the Nevada Legislature authorized the issuance of not more than $53.2 million in general obligation bonds between July 1, 2001, and June 30, 2010, to pay for a significant portion of Nevada’s share of the costs of the Program. Issuance of those bonds requires the approval of the Legislature or the Interim Finance Committee. (Chapter 514, Statutes of Nevada 1999, p. 2626) This bill authorizes the issuance of the final installment of the general obligation bonds authorized by the Legislature in 1999, in the amount of $9,057,908, to pay for Nevada’s share of the costs of the Program for the period between July 1, 2007, and June 30, 2010.

 

 

      Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement involving the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and

      Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property within both States; and

      Whereas, The cost of carrying out the Environmental Improvement Program that is apportioned to the State of Nevada and its political subdivisions is $82,000,000; and

      Whereas, For the period between the fiscal year beginning on July 1, 1997, and the fiscal year ending on June 30, 2001, the State of Nevada and its political subdivisions provided $28,800,000 to meet their apportioned commitment, which included:

      1.  General obligation bonds issued in the face amount of $20,000,000 pursuant to chapter 361, Statutes of Nevada 1995, at page 907, and approved by the voters of this State at the general election held in 1996, to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin; and

 


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ę2007 Statutes of Nevada, Page 2924 (Chapter 504, SB 55)ę

 

      2.  General obligation bonds issued in the face amount of $3,200,000 pursuant to chapter 514, Statutes of Nevada 1999, at page 2627, to carry out the program of environmental improvement projects for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, for the period between the fiscal year beginning on July 1, 1999, and the fiscal year ending on June 30, 2001; and

      Whereas, Chapter 514, Statutes of Nevada 1999, created the Fund to Protect the Lake Tahoe Basin in the State General Fund, directed the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to administer that Fund and directed the Administrator, in cooperation with other state agencies, to coordinate the development and carrying out of a program of environmental improvement projects for the Lake Tahoe Basin; and

      Whereas, For the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, 2010, chapter 514, Statutes of Nevada 1999, provided that money in an amount not to exceed $53,200,000 would be made available to carry out the program of environmental improvement projects during that period by the issuance of general obligation bonds and legislative appropriation; and

      Whereas, In addition to approximately $1,270,000 expended for environmental improvement projects from the Account for License Plates for the Support of the Preservation and Restoration of the Natural Environment of the Lake Tahoe Basin created by NRS 321.5951, funding of Nevada’s share of the costs of the Environmental Improvement Program since 1999 was provided in the form of general obligation bonds issued pursuant to:

      1.  Chapter 302, Statutes of Nevada 2001, at page 1428, in the face amount of $16,200,000 to carry out the program of environmental improvement projects for the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, 2003;

      2.  Chapter 438, Statutes of Nevada 2003, at page 2655, in the face amount of $9,870,000 to carry out the program of environmental improvement projects for the period between the fiscal year beginning on July 1, 2003, and the fiscal year ending on June 30, 2005; and

      3.  Chapter 298, Statutes of Nevada 2005, at page 1030, in the face amount of $16,800,000 to carry out the program of environmental improvement projects for the period between the fiscal year beginning on July 1, 2005, and the fiscal year ending on June 30, 2007; and

      Whereas, The general obligation bonds authorized by chapter 514, Statutes of Nevada 1999, may only be issued with the prior approval of the Legislature or the Interim Finance Committee and pursuant to a schedule established by the Administrator of the Division of State Lands; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:

      1.  Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and

 


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ę2007 Statutes of Nevada, Page 2925 (Chapter 504, SB 55)ę

 

      2.  Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      Sec. 2.  Money to carry out the program of environmental improvement projects for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, in an amount not to exceed $9,057,908 must be provided for the period between the fiscal year beginning on July 1, 2007, and the fiscal year ending on June 30, 2010, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $9,057,908 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this section, must be used as follows:

      1.  Continued Implementation of Forest Restoration Projects of the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources $1,200,000

      2.  Continued Implementation of Recreational Projects of the Environmental Improvement Program within the Lake Tahoe-Nevada State Park to be carried out by the State Department of Conservation and Natural Resources................................................................................................. $3,000,000

      3.  Water Quality, Erosion Control and Stream Restoration/Enhancement Projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements      $4,550,000

      4.  Contingency money to carry out any environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin.................................................................... $307,908

      Sec. 3.  1.  The Division of State Lands of the State Department of Conservation and Natural Resources may combine the contingency money authorized pursuant to subsection 4 of section 2 of this act with any other contingency money authorized by the Legislature to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin.

      2.  If an amount authorized to carry out the projects set forth in section 2 of this act or any other environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin is insufficient to allow the completion of the project for which it is authorized, including, without limitation, any monitoring necessary to ensure the continued effectiveness of the project:

      (a) The Division of State Lands may, without the prior approval of the Interim Finance Committee, allocate the contingency money authorized pursuant to subsection 4 of section 2 of this act, including any money combined therewith pursuant to subsection 1, to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin, notwithstanding the provisions of section 2 of chapter 298, Statutes of Nevada 2005, at page 1030, section 2 of chapter 438, Statutes of Nevada 2003, at page 2655, section 2 of chapter 302, Statutes of Nevada 2001, at page 1428, and subsection 2 of section 1 of chapter 514, Statutes of Nevada 1999, at page 2627; and

 


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ę2007 Statutes of Nevada, Page 2926 (Chapter 504, SB 55)ę

 

      (b) Upon the request of the Division of State Lands, the Interim Finance Committee may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another environmental improvement project or projects that are paid for with money from the Fund to Protect the Lake Tahoe Basin by the amount of the increase.

      3.  The Division of State Lands may use money authorized pursuant to section 2 of this act for a project other than a project listed in section 2 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.

      Sec. 4.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 505, SB 38

Senate Bill No. 38–Committee on Transportation and Homeland Security

 

CHAPTER 505

 

AN ACT relating to criminal records; creating the Records and Technology Division of the Department of Public Safety; enumerating the duties of the Division; transferring the duties for maintaining the Central Repository for Nevada Records of Criminal History from the Nevada Highway Patrol Division to the Records and Technology Division of the Department; revising the persons to whom information may be distributed by the Central Repository; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill creates the Records and Technology Division within the Department of Public Safety. Sections 2-4 of this bill transfer the responsibility to maintain the Central Repository for Nevada Records of Criminal History from the Nevada Highway Patrol Division to the new Records and Technology Division. (NRS 179A.075, 480.140, 480.360)

      Section 5 of this bill revises the law governing distribution of information from the Central Repository to provide that the Central Repository may provide any information authorized to be distributed to an employer to a person or entity designated to receive such information on behalf of the employer. (NRS 179A.100)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 480.130 is hereby amended to read as follows:

      480.130  The Department consists of:

      1.  An Administrative Services Division;

      2.  An Investigation Division;

      3.  A Nevada Highway Patrol Division;

      4.  A Division of Emergency Management;

      5.  A State Fire Marshal Division;

      6.  A Division of Parole and Probation;

      7.  A Capitol Police Division; [and]

      8.  A Training Division [.] ; and

      9.  A Records and Technology Division.

 


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ę2007 Statutes of Nevada, Page 2927 (Chapter 505, SB 38)ę

 

      Sec. 2.  NRS 480.140 is hereby amended to read as follows:

      480.140  The primary functions and responsibilities of the divisions of the Department are as follows:

      1.  The Administrative Services Division shall furnish fiscal, accounting and other administrative services to the Director and the various divisions, and advise and assist the Director and the various divisions in carrying out their functions and responsibilities.

      2.  The Investigation Division shall:

      (a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

      (b) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; and

      (c) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

      3.  The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

      4.  The Division of Emergency Management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and any other specific statute.

      5.  The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

      6.  The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

      7.  The Capitol Police Division shall assist the Chief of the Buildings and Grounds Division of the Department of Administration in the enforcement of subsection 1 of NRS 331.140.

      8.  The Training Division shall provide training to the employees of the Department.

      9.  The Records and Technology Division shall:

      (a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute; and

      (b) Provide technology support services to the Director, the divisions of the Department, and the Nevada Criminal Justice System and offer technology services as may be imposed by the Director.

      Sec. 3.  NRS 480.360 is hereby amended to read as follows:

      480.360  The duties of the personnel of the Nevada Highway Patrol include, without limitation:

      1.  To police the public highways of this State, to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada and to enforce all other laws of this State when:

 


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ę2007 Statutes of Nevada, Page 2928 (Chapter 505, SB 38)ę

 

      (a) In the apprehension or pursuit of an offender or suspected offender;

      (b) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this State; or

      (c) Making arrests pursuant to a warrant in the officer’s possession or communicated to him.

      2.  To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence to prosecute any person guilty of any violation of the law contributing to the happening of such an accident.

      3.  In conjunction with the Department of Motor Vehicles, to enforce the provisions of chapters 365, 366, 408, 482 to 486, inclusive, 487 and 706 of NRS.

      4.  [To maintain the Central Repository for Nevada Records of Criminal History and to carry out the provisions of chapter 179A of NRS.

      5.]  To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment, and their transportation of hazardous materials and other cargo.

      [6.] 5.  To maintain the repository for information concerning hazardous materials in Nevada and to carry out its duties pursuant to chapter 459 of NRS concerning the transportation of hazardous materials.

      [7.] 6.  To perform such other duties in connection with those specified in this section as may be imposed by the Director.

      Sec. 4.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the [Department:] Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ę within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the [Department. The Department] Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The [Department] Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

 


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ę2007 Statutes of Nevada, Page 2929 (Chapter 505, SB 38)ę

 

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The [Department] Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required to be obtained pursuant to NRS 449.179; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ę To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

 


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ę2007 Statutes of Nevada, Page 2930 (Chapter 505, SB 38)ę

 

             (3) Is employed by a county school district, charter school or private school,

Ę and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ę who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department.

 


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ę2007 Statutes of Nevada, Page 2931 (Chapter 505, SB 38)ę

 

Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 5.  NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer , or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives his written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the notice on behalf of the employer;

 


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ę2007 Statutes of Nevada, Page 2932 (Chapter 505, SB 38)ę

 

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer , or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

 


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ę2007 Statutes of Nevada, Page 2933 (Chapter 505, SB 38)ę

 

      (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative.

      (q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (r) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (s) The Commissioner of Insurance.

      (t) The Board of Medical Examiners.

      (u) The State Board of Osteopathic Medicine.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 6.  1.  This section and sections 1 to 4, inclusive, of this act become effective on July 1, 2007.

      2.  Section 5 of this act becomes effective on March 1, 2008.

________

 


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ę2007 Statutes of Nevada, Page 2934ę

 

CHAPTER 506, SB 19

Senate Bill No. 19–Committee on Commerce and Labor

 

CHAPTER 506

 

AN ACT relating to the Chiropractic Physicians’ Board of Nevada; providing requirements for the reinstatement of certain licenses that have been suspended; revising provisions governing the renewal of a license or certificate; increasing the number of hours of continuing education required for the renewal of a license; increasing the maximum amount of certain fees that the Board may charge; eliminating the requirement that the Board file certain orders relating to the discipline of a licensee with the county recorder; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a license or certificate issued by the Chiropractic Physicians’ Board of Nevada must be renewed annually and a licensee must complete at least 12 hours of continuing education annually. (NRS 634.130) Section 2 of this bill revises the renewal requirement for a license or certificate to provide that a license or certificate must be renewed biennially. Section 2 also increases the number of hours of continuing education a licensee must complete.

      Existing law authorizes the Board to charge various fees up to a maximum amount as indicated by statute. (NRS 634.135) Section 3 of this bill revises the existing statutory schedule of maximum fees: (1) to reflect the renewal of a license or certificate biennially; and (2) to clarify the purpose of the existing fee for written certification of licensure.

      Existing law also provides that if a licensee or holder of a certificate does not renew a license or certificate on time or fails to notify the Board of a change in the location of the office of the licensee or holder, the license or certificate of the person will be automatically suspended. (NRS 634.130) Section 2 of this bill provides that a license that was suspended for the failure to renew on time or the failure to notify the Board of a change in location may be reinstated by paying the reinstatement and renewal fees within 1 year of the original renewal deadline. Section 1 of this bill provides for the reinstatement of suspended licenses that have not been reinstated within 1 year.

      Existing law provides that every order of the Board which limits the practice of chiropractic or suspends or revokes a license must be filed with the county recorder. (NRS 634.200) Section 4 of this bill eliminates this requirement.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a license has been automatically suspended pursuant to the provisions of subsection 5 of NRS 634.130 and not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.

      2.  An applicant to have a suspended license reinstated to active status pursuant to subsection 1 must:

 


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ę2007 Statutes of Nevada, Page 2935 (Chapter 506, SB 19)ę

 

      (a) Either:

             (1) Submit satisfactory evidence to the Board:

                   (I) That he has maintained an active practice in another state, territory or country within the preceding 5 years;

                   (II) From all other licensing agencies which have issued him a license that he is in good standing and has no legal actions pending against him; and

                   (III) That he has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he seeks to be reinstated to active status; or

             (2) Score 75 percent or higher on an examination prescribed by the Board on the provisions of this chapter and the regulations adopted by the Board; and

      (b) Pay:

             (1) The fee for the biennial renewal of a license to practice chiropractic; and

             (2) The fee for reinstating a license to practice chiropractic which has been suspended or revoked.

      3.  If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of a suspended license to active status, the Board, before reinstating the license of the applicant to active status:

      (a) Must hold a hearing to determine the professional competency and fitness of the applicant; and

      (b) May require the applicant to:

             (1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and

             (2) Satisfy any additional requirements that the Board deems to be necessary.

      Sec. 2.  NRS 634.130 is hereby amended to read as follows:

      634.130  1.  Licenses and certificates must be renewed [annually.] biennially. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal certificate which authorizes him to continue to practice for [1 year.] 2 years.

      2.  The renewal fee must be paid and all information required to complete the renewal must be submitted to the Board on or before January 1 of [the year to which it applies.] each odd-numbered year.

      3.  Except as otherwise provided in subsection 4, a licensee in active practice within this State must submit satisfactory proof to the Board that , during the 24 months immediately preceding the renewal date of his license, he has attended at least [12] 36 hours of continuing education which is approved or endorsed by the Board. The educational requirement of this section may be waived by the Board if the licensee files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the [12] 24 months immediately preceding the renewal date of his license.

 


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ę2007 Statutes of Nevada, Page 2936 (Chapter 506, SB 19)ę

 

      4.  A licensee is not required to comply with the requirements of subsection 3 until the [calendar] first odd-numbered year after the year the Board issues to him an initial license to practice as a chiropractor in this State.

      5.  If a licensee fails to:

      (a) Pay his renewal fee by January 1 [;] of an odd-numbered year;

      (b) Submit proof of continuing education pursuant to subsection 3;

      (c) Notify the Board of a change in the location of his office pursuant to NRS 634.129; or

      (d) Submit all information required to complete the renewal,

Ę his license is automatically suspended and , except as otherwise provided in section 1 of this act, may be reinstated only upon the payment , by January 1 of the even-numbered year following the year in which the license was suspended, of the required fee for reinstatement in addition to the renewal fee.

      6.  If a holder of a certificate as a chiropractor’s assistant fails to:

      (a) Pay his renewal fee by January 1 [;] of an odd-numbered year;

      (b) Notify the Board of a change in the location of his office pursuant to NRS 634.129; or

      (c) Submit all information required to complete the renewal,

Ę his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      Sec. 3.  NRS 634.135 is hereby amended to read as follows:

      634.135  1.  The Board may charge and collect fees not to exceed:

 

For an application for a license to practice chiropractic.......................................................... $200.00

For an examination for a license to practice chiropractic.......................................................... 200.00

For an application for, and the issuance of, a certificate as a chiropractor’s assistant........ 100.00

For an examination for a certificate as a chiropractor’s assistant........................................... 100.00

For the issuance of a license to practice chiropractic.................................................................. 300.00

For the [annual] biennial renewal of a license to practice chiropractic............... [500.00] 1,000.00

For the [annual] biennial renewal of an inactive license to practice chiropractic. [150.00] 300.00

For the [annual] biennial renewal of a certificate as a chiropractor’s assistant.... [100.00] 200.00

For the restoration to active status of an inactive license to practice chiropractic................ 300.00

For reinstating a license to practice chiropractic which has been suspended or revoked..... 500.00

For reinstating a certificate as a chiropractor’s assistant which has been suspended pursuant to NRS 634.130................................................................................................................................ 100.00

For a review of any subject on the examination............................................................................ 25.00

For the issuance of a duplicate license or for changing the name on a license......................... 35.00

For written [certification] verification of licensure or issuance of a certificate of good standing.......................................................................................................................................................... 25.00

 


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ę2007 Statutes of Nevada, Page 2937 (Chapter 506, SB 19)ę

 

For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic............................................................................................... $25.00

For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic.......................................................................................................................................................... 10.00

For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State........................................................................................... 35.00

For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic............. 25.00

For each page of a list of continuing education courses that have been approved by the Board............................................................................................................................................................... .50

For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges......................................................................................................................... 35.00

For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic.......................................................................................... 25.00

 

      2.  In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for any other service it provides.

      3.  For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.

      Sec. 4.  NRS 634.200 is hereby amended to read as follows:

      634.200  1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked by the Board is entitled to judicial review of the Board’s order.

      2.  [Every order of the Board which limits the practice of chiropractic or suspends or revokes a license is effective from the date the Secretary certifies the order to the proper county recorder until the order is modified or reversed by a final judgment of the court.

      3.]  The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given that priority by law.

      Sec. 5.  This act becomes effective on July 1, 2007.

________

 


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ę2007 Statutes of Nevada, Page 2938ę

 

CHAPTER 507, SB 310

Senate Bill No. 310–Senator Carlton

 

CHAPTER 507

 

AN ACT relating to professions; revising provisions governing the grading of certain examinations; requiring the electronic filing of certain information and reports by certain regulatory bodies; revising provisions governing the expiration of the licenses of cosmetological establishments and certain licensees; revising the authority of certain professional and occupational boards to establish fees for providing certain services; increasing the maximum salary that members of certain occupational or professional boards are entitled to receive for each day of service on the board; requiring the Legislative Committee on Health Care to appoint a subcommittee to conduct a study of the regulation of providers of health care in Nevada; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, various regulatory bodies governing professions and occupations under title 54 of NRS have examination requirements for licensure or certification. Section 1 of this bill provides that, if such a regulatory body uses or accepts a national or other examination which is produced or administered by an organization other than the regulatory body and which includes a methodology for determining the level of performance that constitutes a passing grade or score on the examination, the regulatory body shall apply that methodology in determining whether a person who took the examination achieved a passing grade or score.

      Under existing law, such regulatory bodies are required to submit periodic reports of their disciplinary actions and other regulatory activities to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and certain standing committees of the Legislature. (NRS 622.100, 622.110) Section 2 of this bill requires that all such reports be submitted quarterly and that they be submitted in an electronic format prescribed by the Director.

      Sections 3, 4, 6-12, 15, 18, 19, 21-23, 25, 27, 28, 30, 31, 33, 34, 36, 37, 39, 41-44 and 48-51 of this bill increase the maximum salary that members of certain professional or occupational boards are entitled to receive for each day of service on the board from $80 to $150 per day.

      Sections 5.5, 10.5, 20.5, 31.5, 36.5 and 51.5 of this bill revise the authority of certain professional and occupational boards to establish fees for providing certain services.

      Under existing law, the license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, demonstrator of cosmetics, instructor and cosmetological establishment expires on July 1 of each odd-numbered year. (NRS 644.320, 644.350) Sections 46 and 47 of this bill establish a procedure under which approximately half of those licenses will expire in even-numbered years, the other half in odd-numbered years.

      Section 54 of this bill requires the Legislative Committee on Health Care to appoint a subcommittee to conduct: (1) a review of the laws of this State that establish the scope of practice authorized for providers of health care; and (2) a study concerning the operation of the professional licensing boards for providers of health care with respect to barriers to licensing.

 


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ę2007 Statutes of Nevada, Page 2939 (Chapter 507, SB 310)ę

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 622 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding the provisions of any specific statute to the contrary, if a regulatory body, in any testing authorized or required pursuant to this title or any regulations adopted pursuant thereto, uses or accepts a national or other examination which is produced or administered by an organization other than the regulatory body and which includes a methodology for determining the level of performance that constitutes a passing grade or score on the examination, the regulatory body shall apply that methodology in determining whether a person who took the examination achieved a passing grade or score.

      Sec. 2.  NRS 622.100 is hereby amended to read as follows:

      622.100  1.  Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau [a] in an electronic format prescribed by the Director:

      (a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body [.] ; and

      (b) A report that includes:

             (1) The number of licenses issued by the regulatory body during the immediately preceding calendar quarter; and

             (2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

      2.  The Director [of the Legislative Counsel Bureau] shall:

      (a) Provide any information he receives pursuant to subsection 1 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

      (c) Transmit a compilation of the information he receives pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      3.  The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports he has received pursuant to paragraph (b) of subsection 1 and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

      Sec. 3.  NRS 623.070 is hereby amended to read as follows:

      623.070  1.  Each member of the Board is entitled to receive from the money of the Board:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

 


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ę2007 Statutes of Nevada, Page 2940 (Chapter 507, SB 310)ę

 

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  The Secretary and Treasurer of the Board is entitled to be paid a salary out of the money of the Board in an amount to be determined by the Board.

      Sec. 4.  NRS 623A.090 is hereby amended to read as follows:

      623A.090  1.  Members of the Board are entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses, at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Any salary, per diem allowance or travel expenses paid pursuant to the provisions of this section must be paid from money kept or deposited by the Board in accordance with the provisions of NRS 623A.150.

      Sec. 5.  NRS 623A.190 is hereby amended to read as follows:

      623A.190  1.  The Board shall administer or cause to be administered a written examination to each applicant for a certificate of registration or certificate to practice as a landscape architect intern.

      2.  The examination must be given at such times and places and under such supervision as the Board may determine.

      3.  The Board may include in the written examination any theoretical or applied fields and ethical issues it deems appropriate to determine professional skills and judgment.

      4.  [The] Except as otherwise provided in section 1 of this act, the Board shall, by regulation, establish the grade that is required to pass the written examination.

      5.  The written examination may be waived by the Board if the applicant:

      (a) Presents documentation that he has passed an examination in another state or country that has been accepted as an equivalent by a national association of registered boards; or

      (b) Has been certified by such an organization.

      6.  Written examination papers must be destroyed after a certificate of registration is issued.

      7.  If the applicant fails to pass the written examination or any part thereof, he may retake the examination or the part failed in a subsequent examination upon the payment of the applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240.

      Sec. 5.5.  NRS 623A.240 is hereby amended to read as follows:

      623A.240  1.  The following fees must be prescribed by the Board and must not exceed the following amounts:

 


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ę2007 Statutes of Nevada, Page 2941 (Chapter 507, SB 310)ę

 

Application fee.................................................................................. $200.00

Examination fee................................................................................ 100.00,

                                                                                                   plus the actual

                                                                                                          cost of the

                                                                                                      examination

Certificate of registration..................................................................... 25.00

Annual renewal fee............................................................................. 200.00

Reinstatement fee............................................................................... 300.00

Delinquency fee..................................................................................... 50.00

Change of address fee.......................................................................... 10.00

Copy of a document, per page.............................................................    .25

 

      2.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost incurred by the Board to provide the service.

      3.  The Board may authorize a landscape architect intern to pay the application fee or any portion of that fee during any period in which he is the holder of a certificate to practice as a landscape architect intern. If a landscape architect intern pays the fee or any portion of the fee during that period, the Board shall credit the amount paid by him towards the entire amount of the application fee for the certificate of registration required pursuant to this section.

      4.  The fees prescribed by the Board pursuant to this section must be paid in United States currency in the form of a check, cashier’s check or money order. If any check submitted to the Board is dishonored upon presentation for payment, repayment of the fee, including the fee for a returned check in the amount established by the State Controller pursuant to NRS 353C.115, must be made by money order or certified check.

      5.  The fees prescribed by the Board pursuant to this section are nonrefundable.

      Sec. 6.  NRS 624.140 is hereby amended to read as follows:

      624.140  1.  Except as otherwise provided in subsection 3, if money becomes available from the operations of this chapter and payments made for licenses, the Board may pay from that money:

      (a) The expenses of the operations of this chapter, including the maintenance of offices.

      (b) The salary of the Executive Officer who must be named by the Board.

      (c) A salary to each member of the Board of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board.

      (d) A per diem allowance and travel expenses for each member and employee of the Board, at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      3.  Except as otherwise provided in NRS 624.520, if a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2, the Board shall deposit any money collected from the imposition of fines with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

 


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ę2007 Statutes of Nevada, Page 2942 (Chapter 507, SB 310)ę

 

the Board shall deposit any money collected from the imposition of fines with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

      Sec. 7.  NRS 625.110 is hereby amended to read as follows:

      625.110  1.  The Board shall elect officers from its members and, by regulation, establish the:

      (a) Offices to which members may be elected;

      (b) Title and term for each office; and

      (c) Procedure for electing members to each office.

      2.  At any meeting, five members constitute a quorum.

      3.  Each member is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses, at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  The salaries of members of the Board and employees of the Board must be paid from the fees received by the Board pursuant to the provisions of this chapter, and no part of those salaries may be paid out of the State General Fund.

      6.  The Board shall appoint an Executive Director who serves at the pleasure of the Board and is entitled to receive such compensation as may be fixed by the Board.

      Sec. 8.  NRS 625A.050 is hereby amended to read as follows:

      625A.050  1.  The Secretary of the Board is entitled to receive:

      (a) A salary in an amount fixed by the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  All other members of the Board are entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 9.  NRS 628.110 is hereby amended to read as follows:

      628.110  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

 


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ę2007 Statutes of Nevada, Page 2943 (Chapter 507, SB 310)ę

 

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 10.  NRS 630.110 is hereby amended to read as follows:

      630.110  1.  Out of the money coming into the possession of the Board, each member and advisory member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Expenses of the Board and the expenses and salaries of its members and employees must be paid from the fees received by the Board pursuant to the provisions of this chapter, and no part of the salaries or expenses of the Board may be paid out of the State General Fund or from the penalties imposed by the Board pursuant to this chapter.

      4.  All money received by the Board from:

      (a) Fees must be deposited in financial institutions in this State that are federally insured or insured by a private insurer pursuant to NRS 678.755, invested in treasury bills or notes of the United States, deposited in institutions in this State whose business is the making of investments, or invested as authorized by NRS 355.140.

      (b) Penalties must be deposited with the State Treasurer for credit to the State General Fund.

      Sec. 10.5.  NRS 630.268 is hereby amended to read as follows:

      630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician, including a license by endorsement.................................................................................................................................... $600

For application for and issuance of a temporary, locum tenens, limited, restricted, special or special purpose license..................................................................................................................... 400

For renewal of a limited, restricted or special license........................................................................ 400

For application for and issuance of a license as a physician assistant.......................................... 400

For biennial registration of a physician assistant............................................................................... 800

For biennial registration of a physician............................................................................................... 800

For application for and issuance of a license as a practitioner of respiratory care..................... 400

For biennial registration of a practitioner of respiratory care.......................................................... 600

For biennial registration for a physician who is on inactive status................................................. 400

For written verification of licensure........................................................................................................ 50

For a duplicate identification card.......................................................................................................... 25

For a duplicate license............................................................................................................................... 50

For computer printouts or labels........................................................................................................... 500

 


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ę2007 Statutes of Nevada, Page 2944 (Chapter 507, SB 310)ę

 

For verification of a listing of physicians, per hour.................................................................................................. $20

For furnishing a list of new physicians........................................................................................................................ 100

 

      2.  In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for [its other services.] the expedited processing of a request or for any other incidental service the Board provides.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      Sec. 11.  NRS 630A.160 is hereby amended to read as follows:

      630A.160  1.  Out of the money coming into the possession of the Board, each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Expenses of the Board and the expenses and salaries of the members and employees of the Board must be paid from the fees received by the Board pursuant to the provisions of this chapter. Except as otherwise provided in subsection 6, no part of the salaries or expenses of the members of the Board may be paid out of the State General Fund.

      4.  All money received by the Board must be deposited in financial institutions in this State that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.

      5.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines, court costs and attorney’s fees therefor and deposit the money therefrom in financial institutions in this State that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5, the Board shall deposit the money collected from the imposition of administrative fines, court costs and attorney’s fees with the State Treasurer for credit to the State General Fund. The Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 12.  NRS 631.180 is hereby amended to read as follows:

      631.180  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day as fixed by the Board, while engaged in the business of the Board; and

 


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ę2007 Statutes of Nevada, Page 2945 (Chapter 507, SB 310)ę

 

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  The Board shall deposit in banks, credit unions or savings and loan associations in this State all fees which it receives.

      4.  All expenses of the Board must be paid from the fees received by the Board, and no part thereof may be paid from the State General Fund.

      Sec. 13.  NRS 631.240 is hereby amended to read as follows:

      631.240  1.  Any person desiring to obtain a license to practice dentistry in this State, after having complied with the regulations of the Board to determine eligibility:

      (a) [Must] Except as otherwise provided in section 1 of this act, must present to the Board a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Examination with an average score of at least 75; and

      (b) Except as otherwise provided in this chapter, must:

             (1) Successfully complete a clinical examination given by the Board which examines the applicant’s practical knowledge of dentistry and which includes demonstrations of the applicant’s skill in dentistry; or

             (2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

      2.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      3.  All persons who have satisfied the requirements for licensure as a dentist must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

      Sec. 14.  NRS 631.300 is hereby amended to read as follows:

      631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the Board to determine eligibility:

      (a) [Must] Except as otherwise provided in section 1 of this act, must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental hygiene or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75; and

      (b) Except as otherwise provided in this chapter, must:

             (1) Successfully complete a clinical examination in dental hygiene given by the Board which examines the applicant’s practical knowledge of dental hygiene and which includes, but is not limited to, demonstrations in the removal of deposits from, and the polishing of, the exposed surface of the teeth; or

 


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             (2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

      2.  The clinical examination given by the Board must include components that are:

      (a) Written or oral, or a combination of both; and

      (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  All persons who have satisfied the requirements for licensure as a dental hygienist must be registered as licensed dental hygienists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

      Sec. 15.  NRS 632.080 is hereby amended to read as follows:

      632.080  1.  The compensation of the members of the Board must be fixed by the Board, but may not exceed [$80] $150 for each day spent by each member in the discharge of his official duties.

      2.  While engaged in the discharge of his official duties, each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  All compensation, per diem allowances and travel expenses of the members and employees of the Board must be paid out of the money of the Board.

      Sec. 16.  NRS 632.2856 is hereby amended to read as follows:

      632.2856  1.  The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting.

      2.  Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:

      (a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and

      (b) Proof of successful completion of training for instructors which has been approved by the Board.

Ę The Board may approve a licensed practical nurse as an instructor if the Board determines that requiring instruction by a registered nurse would create a hardship.

      3.  [Upon] Except as otherwise provided in section 1 of this act, upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, he must repeat the training in the areas in which he was deficient before taking the certification examination.

      4.  In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.

      5.  The Board shall adopt regulations not inconsistent with law:

 


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      (a) Specifying the scope of the training program and the required components of the program;

      (b) Establishing standards for the approval of programs and instructors; and

      (c) Designating the basic nursing services which a nursing assistant may provide upon certification.

      6.  Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the Board, and is approved by the Board. Such a program must be administered through:

      (a) The Nevada System of Higher Education;

      (b) A program for career and technical education approved by the State Board for Career and Technical Education;

      (c) A public school in this State; or

      (d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.

      7.  An educational institution or agency that administers a training program shall:

      (a) Develop or approve the curriculum for training provided in its service district;

      (b) Manage the training program; and

      (c) Work with medical and other facilities to carry out the requirements of paragraphs (a) and (b).

      Sec. 17.  NRS 632.2858 is hereby amended to read as follows:

      632.2858  1.  The Board shall authorize the administration of the examination of applicants for certification as nursing assistants.

      2.  The Board may employ, contract with or cooperate with any person in the preparation, administration and grading of a uniform national examination, but , except as otherwise provided in section 1 of this act, shall retain sole discretion and responsibility for determining the standards of successful completion of the examination.

      3.  The Board shall determine whether an examination may be repeated and the frequency of authorized reexaminations.

      4.  If an applicant fails the examination three times, he must repeat the training program prescribed in NRS 632.2856.

      Sec. 18.  NRS 633.241 is hereby amended to read as follows:

      633.241  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in its business; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 19.  NRS 634.025 is hereby amended to read as follows:

      634.025  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

 


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      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 20.  NRS 634.100 is hereby amended to read as follows:

      634.100  1.  An applicant for a license to practice chiropractic in this State must pay the required fee to the Secretary of the Board not less than 60 days before the date of the examination.

      2.  [A] Except as otherwise provided in section 1 of this act, a score of 75 percent or higher in all subjects taken on the examination is a passing score.

      3.  If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. [Credit] Except as otherwise provided in section 1 of this act, credit must be given on this examination for all subjects previously passed with a score of 75 percent or higher.

      4.  An applicant for a certificate as a chiropractor’s assistant must pay the required fee to the Secretary of the Board before the application may be considered.

      Sec. 20.5.  NRS 634.135 is hereby amended to read as follows:

      634.135  1.  The Board may charge and collect fees not to exceed:

 

For an application for a license to practice chiropractic.......................................................... $200.00

For an examination for a license to practice chiropractic.......................................................... 200.00

For an application for, and the issuance of, a certificate as a chiropractor’s assistant........ 100.00

For an examination for a certificate as a chiropractor’s assistant........................................... 100.00

For the issuance of a license to practice chiropractic.................................................................. 300.00

For the annual renewal of a license to practice chiropractic...................................................... 500.00

For the annual renewal of an inactive license to practice chiropractic.................................... 150.00

For the annual renewal of a certificate as a chiropractor’s assistant....................................... 100.00

For the restoration to active status of an inactive license to practice chiropractic................ 300.00

For reinstating a license to practice chiropractic which has been suspended or revoked..... 500.00

For reinstating a certificate as a chiropractor’s assistant which has been suspended pursuant to NRS 634.130................................................................................................................................ 100.00

For a review of any subject on the examination............................................................................ 25.00

For the issuance of a duplicate license or for changing the name on a license......................... 35.00

For written certification of licensure................................................................................................. 25.00

For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic.................................................................................................. 25.00

 


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For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic........................................................................................................................................................ $10.00

For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State........................................................................................... 35.00

For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic............. 25.00

For each page of a list of continuing education courses that have been approved by the Board.. .50

For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges......................................................................................................................... 35.00

For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic.......................................................................................... 25.00

 

      2.  In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for the expedited processing of a request or for any other incidental service it provides.

      3.  For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.

      Sec. 21.  NRS 634A.050 is hereby amended to read as follows:

      634A.050  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 22.  NRS 635.020 is hereby amended to read as follows:

      635.020  1.  The State Board of Podiatry, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are licensed podiatric physicians in the State of Nevada.

      (b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) One member who is a representative of the general public. This member must not be:

             (1) A licensed podiatric physician in the State of Nevada; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed podiatric physician in the State of Nevada.

 


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ę2007 Statutes of Nevada, Page 2950 (Chapter 507, SB 310)ę

 

      3.  The members of the Board are entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 23.  NRS 636.075 is hereby amended to read as follows:

      636.075  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees paid or transmitted to the Board pursuant to the provisions of this chapter and no part thereof may be paid out of the State Treasury.

      Sec. 24.  NRS 636.190 is hereby amended to read as follows:

      636.190  [A] Except as otherwise provided in section 1 of this act, a grade of 75 or higher for each area tested on the examination is required to pass an examination.

      Sec. 25.  NRS 637.045 is hereby amended to read as follows:

      637.045  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 26.  NRS 637.110 is hereby amended to read as follows:

      637.110  1.  An application for the issuance of a license as an apprentice dispensing optician must be accompanied by a fee of not more than $250 to cover the costs of the Board and the initial licensing.

      2.  An application for the issuance of a license as a dispensing optician must be accompanied by a fee of not more than $500 to cover the cost of the examination by the Board and the initial licensing.

      3.  The Board shall, if it approves an application for the issuance of a license as a dispensing optician, examine the applicant in ophthalmic dispensing, except that the Board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.

 


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ę2007 Statutes of Nevada, Page 2951 (Chapter 507, SB 310)ę

 

dispensing, except that the Board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.

      4.  [To] Except as otherwise provided in section 1 of this act, to pass the examination for the issuance of a license as a dispensing optician, an applicant must achieve a score of at least 70 percent.

      Sec. 27.  NRS 637A.090 is hereby amended to read as follows:

      637A.090  1.  Each member of the Board is entitled to receive a salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board.

      2.  All necessary expenses incurred by the Board in the performance of its duties must be evidenced on claims signed by the Chairman and Secretary and paid out of money received by the Board from fees.

      3.  While engaged in the business of the Board, each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 28.  NRS 637B.130 is hereby amended to read as follows:

      637B.130  1.  A member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 29.  NRS 637B.170 is hereby amended to read as follows:

      637B.170  1.  Examinations for licensing must be given at least once a year at the time and place fixed by the Board.

      2.  The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.

      3.  [The] Except as otherwise provided in section 1 of this act, the Board shall determine what constitutes a passing grade, except that in making that determination, the Board shall act fairly and impartially. [If the Board elects to use a standard examination which is administered nationally, the Board may not establish a minimum passing grade which is higher than the national standard established for the examination.]

      Sec. 30.  NRS 638.040 is hereby amended to read as follows:

      638.040  1.  Members of the Board are entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Salaries and expenses may be paid only to the extent that sufficient money is received from licensees.

 


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ę2007 Statutes of Nevada, Page 2952 (Chapter 507, SB 310)ę

 

      Sec. 31.  NRS 639.050 is hereby amended to read as follows:

      639.050  1.  The Board shall hold a meeting at least once in every 6 months.

      2.  Four members of the Board constitute a quorum.

      3.  Meetings of the Board which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations are closed to the public.

      4.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 31.5.  NRS 639.070 is hereby amended to read as follows:

      639.070  1.  The Board may:

      (a) Adopt such regulations, not inconsistent with the laws of this State, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      (b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription be posted in the pharmacies and be given on the telephone to persons requesting such information.

      (c) Adopt regulations, not inconsistent with the laws of this State, authorizing the Executive Secretary of the Board to issue certificates, licenses and permits required by this chapter and chapters 453 and 454 of NRS.

      (d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.

      (e) Regulate the practice of pharmacy.

      (f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.

      (g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including, but not limited to, requirements relating to:

             (1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;

             (2) Drugs stored in hospitals; and

             (3) Drugs stored for the purpose of wholesale distribution.

      (h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.

      (i) Charge and collect necessary and reasonable fees for [its services,] the expedited processing of a request or for any other incidental service the Board provides, other than those specifically set forth in this chapter.

      (j) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

 


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ę2007 Statutes of Nevada, Page 2953 (Chapter 507, SB 310)ę

 

      (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of this chapter and chapter 454 of NRS.

      (m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.

      (n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.

      (o) Adopt regulations concerning the use of computerized mechanical equipment for the filling of prescriptions.

      (p) Participate in and expend money for programs that enhance the practice of pharmacy.

      2.  This section does not authorize the Board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.

      Sec. 32.  NRS 639.120 is hereby amended to read as follows:

      639.120  1.  An applicant to become a registered pharmacist in this State must:

      (a) Be of good moral character.

      (b) Be a graduate of a college of pharmacy or department of pharmacy of a university accredited by the [American Council on Pharmaceutical] Accreditation Council for Pharmacy Education or Canadian Council for Accreditation of Pharmacy Programs and approved by the Board or a graduate of a foreign school who has passed an examination for foreign graduates approved by the Board to demonstrate that his education is equivalent.

      (c) [Pass] Except as otherwise provided in section 1 of this act:

             (1) Pass an examination approved and given by the Board with a grade of at least 75 on the examination as a whole and a grade of at least 75 on the examination on law. [An]

             (2) If he is an applicant for registration by reciprocity , [must] pass the examination on law with at least a grade of 75.

      (d) Complete not less than 1,500 hours of practical pharmaceutical experience as an intern pharmacist under the direct and immediate supervision of a registered pharmacist.

      2.  The practical pharmaceutical experience required pursuant to paragraph (d) of subsection 1 must relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.

      3.  The Board may accept evidence of compliance with the requirements set forth in paragraph (d) of subsection 1 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this State.

      Sec. 33.  NRS 640.045 is hereby amended to read as follows:

      640.045  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

 


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ę2007 Statutes of Nevada, Page 2954 (Chapter 507, SB 310)ę

 

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 34.  NRS 640C.170 is hereby amended to read as follows:

      640C.170  Except as otherwise provided in NRS 640C.160, while engaged in the business of the Board:

      1.  Each member of the Board is entitled to receive a salary of not more than [$80] $150 per day, as established by the Board; and

      2.  Each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for officers and employees of this State generally.

      Sec. 35.  NRS 640C.320 is hereby amended to read as follows:

      640C.320  The Board shall adopt regulations to carry out the provisions of this chapter. The regulations must include, without limitation, provisions that:

      1.  Establish the requirements for continuing education for the renewal of a license;

      2.  Establish the requirements for the approval of a course of continuing education, including, without limitation, a course on a specialty technique of massage therapy;

      3.  Establish the requirements for the approval of an instructor of a course of continuing education;

      4.  Establish requirements relating to sanitation, hygiene and safety relating to the practice of massage therapy;

      5.  [Prescribe] Except as otherwise provided in section 1 of this act, prescribe the requirements for any practical, oral or written examination for a license that the Board may require, including, without limitation, the passing grade for such an examination; and

      6.  Establish the period within which the Board or its designee must report the results of the investigation of an applicant.

      Sec. 36.  NRS 641.140 is hereby amended to read as follows:

      641.140  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees paid or transmitted to the Board pursuant to the provisions of this chapter, and no part thereof may be paid out of the State Treasury.

      Sec. 36.5.  NRS 641.370 is hereby amended to read as follows:

      641.370  1.  The Board shall charge and collect not more than the following fees respectively:

 


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ę2007 Statutes of Nevada, Page 2955 (Chapter 507, SB 310)ę

 

For the written examination, in addition to the actual cost to the Board of the examination $100

For the special oral examination, in addition to the actual costs to the Board of the examination.............................................................................................................................................................. 100

For the issuance of an initial license....................................................................................................... 25

For the biennial renewal of a license.................................................................................................... 500

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license.......................................................................................................................... 100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology.............................................................................................................. 300

For the registration of a nonresident to practice as a consultant.................................................... 100

 

      2.  An applicant who passes the examination and is eligible for a license shall pay the biennial fee for the renewal of a license which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      Sec. 37.  NRS 641A.200 is hereby amended to read as follows:

      641A.200  1.  A member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees and penalties paid or transmitted to the Board pursuant to the provisions of this chapter, and no part thereof may be paid out of the State Treasury.

      Sec. 38NRS 641A.230 is hereby amended to read as follows:

      641A.230  1.  Except as otherwise provided in subsection 2, each qualified applicant for a license must be given a written examination by the Board on his knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine. [A] Except as otherwise provided in section 1 of this act, a grade of 70 percent is a passing grade.

      2.  The Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the American Association for Marriage and Family Therapy in lieu of requiring a written examination pursuant to subsection 1.

      3.  In addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine in whatever applied or theoretical fields it deems appropriate.

 


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ę2007 Statutes of Nevada, Page 2956 (Chapter 507, SB 310)ę

 

      Sec. 39.  NRS 641B.140 is hereby amended to read as follows:

      641B.140  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 40.  (Deleted by amendment.)

      Sec. 41.  NRS 641C.170 is hereby amended to read as follows:

      641C.170  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses, at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for officers and employees of this State generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for officers and employees of this State generally.

      Sec. 42.  NRS 642.030 is hereby amended to read as follows:

      642.030  1.  Before entering upon their duties the members of the Board shall respectively take and subscribe to the oath required of other state officers. The Secretary of State is authorized to administer the oath, and each oath must be filed in his office.

      2.  The members of the Board are entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 43.  NRS 643.030 is hereby amended to read as follows:

      643.030  1.  The Board shall elect a President. No person may serve as President for more than 4 consecutive years.

      2.  The Board shall elect a Vice President.

      3.  The Board shall elect a Secretary-Treasurer, who may or may not be a member of the Board. The Board shall fix the salary of the Secretary-Treasurer, which must not exceed the sum of $3,600 per year.

      4.  Each officer and member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

 


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      5.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      6.  The Secretary-Treasurer shall:

      (a) Keep a record of all proceedings of the Board.

      (b) Give to this State a bond in the sum of $3,000, with sufficient sureties, for the faithful performance of his duties. The bond must be approved by the Board.

      Sec. 44.  NRS 644.070 is hereby amended to read as follows:

      644.070  1.  The Board shall hold meetings at least four times a year for the examination of applicants for registration and for the transaction of such other business as pertains to its duties.

      2.  The Board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business at such times and places as it determines.

      3.  The members of the Board are entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  All such compensation and expenses must be paid by the Board out of the fees and receipts received by it, and no part thereof may be paid by the State.

      Sec. 45.  NRS 644.206 is hereby amended to read as follows:

      644.206  The Board shall admit to examination for a license as a demonstrator of cosmetics any person who has made application to the Board in proper form, paid the fee and:

      1.  Is at least 18 years of age;

      2.  Is of good moral character;

      3.  Has completed a course provided by the Board relating to sanitation; and

      4.  [Has] Except as otherwise provided in section 1 of this act, has received a score of not less than 75 percent on the examination administered by the Board.

      Sec. 46.  NRS 644.320 is hereby amended to read as follows:

      644.320  1.  The license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, demonstrator of cosmetics and instructor expires :

      (a) If the last name of the licensee begins with the letter “A” through the letter “M,” on [July 1 of] the date of birth of the licensee in the next succeeding odd-numbered year or such other date in that year as specified by the Board.

      (b) If the last name of the licensee begins with the letter “N” through the letter “Z,” on the date of birth of the licensee in the next succeeding even-numbered year or such other date in that year as specified by the Board.

 


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      2.  The Board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1 1/2 years.

      Sec. 47.  NRS 644.350 is hereby amended to read as follows:

      644.350  1.  The license of every cosmetological establishment expires :

      (a) If the last name of the owner begins with the letter “A” through the letter “M,” on [July 1 of] the date of birth of the owner in the next succeeding odd-numbered year.

      (b) If the last name of the owner begins with the letter “N” through the letter “Z,” on the date of birth of the owner in the next succeeding even-numbered year.

      2.  If a cosmetological establishment has more than one owner, the Board shall designate one of the owners whose last name will be used for the purpose of determining the date of expiration of the license of the cosmetological establishment.

      3.  If a cosmetological establishment fails to pay the required fee [by October 1 of the year in which renewal of the license is required,] for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

      Sec. 48.  NRS 645.140 is hereby amended to read as follows:

      645.140  1.  Except as otherwise provided in this section, all fees, penalties and charges received by the Division pursuant to NRS 645.410, 645.660 and 645.830 must be deposited with the State Treasurer for credit to the State General Fund. The fees received by the Division:

      (a) From the sale of publications, must be retained by the Division to pay the costs of printing and distributing publications.

      (b) For examinations, must be retained by the Division to pay the costs of the administration of examinations.

Ę Any surplus of the fees retained by the Division must be deposited with the State Treasurer for credit to the State General Fund.

      2.  Money for the support of the Division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the State are paid.

      3.  Each member of the Commission is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Commission, while engaged in the business of the Commission; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Commission, while engaged in the business of the Commission. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Commission, each employee of the Commission is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Commission. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 49.  NRS 645C.200 is hereby amended to read as follows:

      645C.200  1.  The Commission shall:

      (a) Operate on the basis of a fiscal year beginning on July 1 and ending on June 30.

      (b) At the first meeting of each fiscal year, elect a President, Vice President and Secretary to serve for the ensuing year.

      (c) Hold at least two meetings each year, one in the southern part of the State and one in the northern part of the State, at times and places designated by the Commission. When there is sufficient business, additional meetings of the Commission may be held at the call of the President of the Commission.

 


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the Commission may be held at the call of the President of the Commission. Written notice of the time, place and purpose of each meeting must be given to each member at least 3 working days before the meeting.

      2.  While engaged in the business of the Commission, each member of the Commission is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Commission; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Commission. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 50.  NRS 648.020 is hereby amended to read as follows:

      648.020  1.  The Private Investigator’s Licensing Board, consisting of the Attorney General or his deputy and four members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) One member who is a private investigator.

      (b) One member who is a private patrolman.

      (c) One member who is a polygraphic examiner.

      (d) One member who is a representative of the general public. This member must not be:

             (1) A licensee; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensee.

      3.  The Chairman of the Board is the Attorney General or a deputy attorney general designated by the Attorney General to act in that capacity.

      4.  Each member of the Board, except the Chairman, is entitled to receive:

      (a) A salary of not more than [$80,] $150, as fixed by the Board, for each day or portion of a day during which he attends a meeting of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      6.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 51.  NRS 656.070 is hereby amended to read as follows:

      656.070  1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than [$80] $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

 


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      3.  The expenses of the members and employees of the Board and the expenses of the Board must be paid from the fees collected pursuant to the provisions of this chapter and the expenses must not exceed the amount so collected.

      Sec. 51.5.  NRS 656.220 is hereby amended to read as follows:

      656.220  1.  The fees required by this chapter are fixed by the following schedule:

      (a) The fee for filing an application for an examination must be fixed by the Board annually at not more than $250 and not less than $90.

      (b) The fee for the original issuance of a certificate must be fixed by the Board annually at not more than $250 and not less than $150.

      (c) For a certificate issued after July 1, 1973, the fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that if the certificate will expire less than 1 year after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued. The Board may by regulation provide for the waiver or refund of the initial certificate fee if the certificate is issued less than 45 days before the date on which it will expire.

      (d) The annual renewal fee for a certificate must be fixed by the Board annually at not more than $250 and not less than $150. Every holder of a certificate desiring renewal must pay the annual renewal fee to the board on or before May 15 of each year.

      (e) For the renewal of a certificate which was suspended for failure to renew, the fee is an amount equal to all unpaid renewal fees accrued plus a reinstatement fee that must be fixed by the Board annually at not more than $125 and not less than $75.

      (f) The fee for the original issuance of a license as a court reporting firm is $250.

      (g) The fee for the annual renewal of a license as a court reporting firm is $175.

      (h) The fee for the reinstatement of a license as a court reporting firm is $175.

      2.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost incurred by the Board to provide the service.

      Sec. 52.  NRS 353.333 is hereby amended to read as follows:

      353.333  1.  On or before January 1 of each year, the Governor shall compile a report on the status of the finances of the State including the information published in:

      (a) The most recent executive budget report prepared pursuant to the provisions of NRS 353.185;

      (b) The most recent report prepared by the State Controller pursuant to the provisions of NRS 227.110;

      (c) The most recent report on the count of state money prepared pursuant to the provisions of NRS 353.075;

      (d) The most recent report on the transactions and proceedings of the Department of Taxation prepared pursuant to the provisions of NRS 360.100;

      (e) [The most recent report prepared by each regulatory agency pursuant to the provisions of NRS 622.110;

 


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      (f)] The most recent report prepared by each school district pursuant to the provisions of NRS 387.303;

      [(g)] (f) The most recent report prepared and submitted by each local government pursuant to the provisions of NRS 360.220; and

      [(h)] (g) Any other report prepared by the State, or a county, city, town or school district, or any public agency of this State or its political subdivisions that the Governor deems to be relevant to the status of finances of the State.

      2.  The report required pursuant to subsection 1 must be:

      (a) Titled the “Nevada Report to Taxpayers”;

      (b) Written in plain English; and

      (c) Contain such information as the Governor deems appropriate to provide a full and accurate description on the status of the finances of the State, including, without limitation:

             (1) The total amount of revenue collected by the State or an agency of the State during the preceding fiscal year;

             (2) The actual total of all expenses and expenditures by the State or an agency of the State during the preceding fiscal year;

             (3) A comparison of the total amount appropriated or authorized for expenditure by the State during the preceding fiscal year and the actual total of all expenses and expenditures by the State during the preceding fiscal year;

             (4) The total amount of outstanding public debt of the State at the end of the preceding fiscal year;

             (5) The total cost to pay the public debt of the State during the preceding fiscal year; and

             (6) Such information on the revenue, expenditures and public debt of the State, or a county, city, town or school district, or any public agency of this State or its political subdivisions as the Governor deems necessary to provide a full and accurate description on the status of the finances of the State.

      3.  The Governor shall make the report required pursuant to subsection 1 available for access by the public on the Internet or its successor, if any.

      Sec. 53.  NRS 622.110 is hereby repealed.

      Sec. 54.  1.  The Legislative Committee on Health Care shall appoint a subcommittee to review the regulation of providers of health care in Nevada. The subcommittee must consist of:

      (a) Two members of the Legislative Committee on Health Care appointed by the Chairman of that Committee;

      (b) The Chairman of the Senate Standing Committee on Human Resources and Education;

      (c) A member of the Senate Standing Committee on Commerce and Labor who served during the 74th Session of the Nevada Legislature appointed by the Chairman of that Committee;

      (d) The Chairman of the Assembly Standing Committee on Health and Human Services; and

      (e) A member of the Assembly Standing Committee on Commerce and Labor during the 74th Session of the Nevada Legislature appointed by the Chairman of that Committee.

      2.  The Chairman of the Legislative Committee on Health Care shall designate a member of the subcommittee to serve as chairman.

 


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      3.  The subcommittee shall:

      (a) Conduct:

            (1) A review of the laws of this State relating to the scope of practice authorized for providers of health care.

            (2) A study concerning the operation of the professional licensing boards for providers of health care with respect to barriers to licensing.

      (b) Not later than June 30, 2008, submit a report of the results of its review and study and any recommendations for legislation to the Legislative Committee on Health Care.

      4.  The subcommittee may contract with such experts, researchers and consultants as may be necessary for the subcommittee to carry out its duties.

      Sec. 55.  1.  This act becomes effective upon passage and approval.

      2.  Section 54 of this act expires by limitation on June 30, 2008.

________

 

CHAPTER 508, SB 106

Senate Bill No. 106–Committee on Transportation and Homeland Security

 

CHAPTER 508

 

AN ACT relating to homeland security; prescribing the persons authorized to inspect certain confidential or restricted documents relating to potential acts of terrorism; eliminating the prospective expiration of the provisions relating to such confidential and restricted documents; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Sections 3 and 4 of this bill prescribe the persons who may properly inspect certain confidential documents that are prepared and maintained to prevent or respond to an act of terrorism and certain restricted documents which include blueprints or plans of certain places likely to be targeted for a terrorist attack to include state, county and city emergency managers, members of Nevada terrorism early warning centers or fusion intelligence centers and their staff. Employees of fire-fighting, law enforcement and public health agencies are also included if such employees have been designated by the heads of their respective agencies as having an operational need to inspect such confidential and restricted documents. (NRS 239C.210, 239C.220) Section 5 of this bill eliminates the prospective expiration of the provisions relating to such confidential and restricted documents.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 239C of NRS is hereby amended by adding thereto a new section to read as follows:

      “Law enforcement agency” means:

      1.  The sheriff’s office of a county;

      2.  A metropolitan police department;

      3.  A police department of an incorporated city; or

      4.  The Department of Public Safety.

 

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