[Rev. 11/14/2017 12:13:10 PM]

Link to Page 3764

 

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ê2017 Statutes of Nevada, Page 3765ê

 

CHAPTER 542, AB 489

Assembly Bill No. 489–Committee on Government Affairs

 

CHAPTER 542

 

[Approved: June 12, 2017]

 

AN ACT relating to state land; revising provisions governing the Revolving Account for Land Management; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Revolving Account for Land Management as a special account in the State General Fund. The State Land Registrar is required to use money in the Account to pay the expenses relating to the management of land held by the Division of State Lands of the State Department of Conservation and Natural Resources, including expenses for appraisals and surveys, construction of fences and barriers for vehicles and the cleanup and maintenance of the land. (NRS 321.067) Section 1 of this bill expands the use of money in the Account to expenditures for: (1) the acquisition of or interests in land; (2) required environmental assessments of the land, including surveys of the biological, environmental and cultural conditions and resources of the land; and (3) mitigation of the land.

      Under existing law, the State Land Registrar is authorized to request an allocation from the Contingency Account in the State General Fund if the balance in the Revolving Account is below $5,000. (NRS 321.067) Section 1 raises that threshold amount to $20,000.

      Section 2 of this bill makes an appropriation of $200,000 to the Revolving Account for Land Management.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 321.067 is hereby amended to read as follows:

      321.067  1.  The Revolving Account for Land Management is hereby created as a special account in the State General Fund.

      2.  The State Land Registrar shall use the money in the Revolving Account to pay the expenses related to the management of land held by the Division [,] and the acquisition of or interests in land, including, without limitation, expenses for:

      (a) Appraisals and land surveys;

      (b) Required environmental assessments of the land, including, without limitation, surveys of the biological, environmental and cultural conditions and resources of the land;

      (c) Construction of fences and barriers for vehicles; [and

      (c)](d) The cleanup and maintenance of the land [.] ; and

      (e) Any mitigation required of the land.

      3.  The State Land Registrar shall:

      (a) Approve any disbursement from the Revolving Account; and

      (b) Maintain records of any such disbursement.

      4.  The State Land Registrar shall deposit into the Revolving Account money received by the Division as a donation or as a reimbursement for or advance payment of an expense paid out of the Revolving Account.

 


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ê2017 Statutes of Nevada, Page 3766 (Chapter 542, AB 489)ê

 

      5.  The balance of the Revolving Account must be carried forward at the end of each fiscal year.

      6.  If the balance in the [account] Revolving Account is below [$5,000,] $20,000, the State Land Registrar may request an allocation from the Contingency Account in the State General Fund pursuant to NRS 353.266, 353.268 and 353.269.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Revolving Account for Land Management created by NRS 321.067 the sum of $200,000 to replenish the balance of the Account.

      Sec. 3.  This act becomes effective on July 1, 2017.

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CHAPTER 543, SB 536

Senate Bill No. 536–Committee on Finance

 

CHAPTER 543

 

[Approved: June 12, 2017]

 

AN ACT making appropriations to the Division of State Parks of the State Department of Conservation and Natural Resources for projects at certain parks and recreation areas; authorizing the expenditure of certain money by the Division for the Walker River State Recreation Area; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $1,200,000 for the stabilization and restoration project at the Fort Churchill State Historic Park.

      2.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $550,000 for the construction of cabins at the Walker River State Recreation Area.

      3.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $750,000 for the construction of campgrounds with full hook-ups at the Walker River State Recreation Area.

      4.  Expenditure of $1,200,000 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the State Department of Conservation and Natural Resources for the same purpose as set forth in subsection 3.

      5.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $168,000 for the construction of pull-through campsites at 10 state park campgrounds.

 


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ê2017 Statutes of Nevada, Page 3767 (Chapter 543, SB 536)ê

 

      6.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $159,000 for the construction of cabins at the Wild Horse State Recreation Area.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

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CHAPTER 544, SB 390

Senate Bill No. 390–Senators Denis and Woodhouse

 

Joint Sponsors: Assemblymen Diaz and Thompson

 

CHAPTER 544

 

[Approved: June 12, 2017]

 

AN ACT relating to education; extending the duration of the Zoom schools program; authorizing a Zoom elementary school to use money distributed to the school to provide an extended school day or summer academy or intersession; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      During the 77th Session of the Nevada Legislature, the Legislature appropriated money for the Clark County School District and the Washoe County School District to carry out a program of Zoom elementary schools during the 2013-2015 biennium to provide a comprehensive package of programs and services for children who are limited English proficient (now referred to as English learners) or eligible for such a designation. The other school districts and the State Public Charter School Authority were also authorized to apply for a grant of money from the appropriation to provide programs and services to children who were limited English proficient or eligible for such a designation. (Section 16.2 of chapter 515, Statutes of Nevada 2013, p. 3418)

      The 78th Session of the Nevada Legislature continued and expanded the Zoom schools program to middle schools, junior high schools and high schools in the Clark County School District and the Washoe County School District for the 2015-2017 biennium through the enactment of Senate Bill No. 405. (Chapter 335, Statutes of Nevada 2015, p. 1869) S.B. 405 (2015) also authorized the other school districts and the governing bodies of charter schools to apply to the Department of Education for a grant of money from the appropriation made by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools to provide programs and services during the 2015-2017 biennium for children who were limited English proficient or eligible for such a designation. S.B. 405 (2015) required the school districts and charter schools that received money for Zoom schools to submit a report to the Department at the beginning of the biennium to identify the plan of the Zoom schools in the districts or charter schools to carry out the programs and services required by the bill.

 


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ê2017 Statutes of Nevada, Page 3768 (Chapter 544, SB 390)ê

 

and services required by the bill. The Department of Education was then required to submit a report to the State Board of Education and to the Legislature with such information. S.B. 405 (2015) required the State Board of Education to prescribe statewide performance levels and outcome indicators to measure the effectiveness of the programs and services for which grant money was received by the school districts and charter schools. S.B. 405 (2015) required the Department of Education to contract for an independent evaluation of the effectiveness of the programs and services provided by the school districts and charter schools that received money. S.B. 405 (2015) also required the Clark County School District and the Washoe County School District to prepare annual reports for submission to the Department of Education and further required the Department of Education to prepare an annual report with the information for submission to the State Board of Education and the Legislature.

      This bill largely mirrors the provisions of S.B. 405 (2015) and extends the Zoom schools program for the 2017-2019 biennium. This bill requires the elementary schools, middle schools, junior high schools and high schools that were identified to operate as Zoom schools for the 2015-2017 biennium to continue to operate as Zoom schools for the 2017-2019 biennium. This bill also revises the manner in which a certain amount of money received by a Zoom school must be used.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The elementary schools identified to operate as Zoom elementary schools by the Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District for the 2015-2017 biennium shall continue to operate as Zoom elementary schools for the 2017-2019 biennium.

      2.  Except as otherwise provided in subsection 3, the Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District shall distribute the money appropriated by the 2017 Legislature to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 for each Zoom elementary school of those school districts to:

      (a) Provide prekindergarten programs free of charge;

      (b) Operate reading skills centers;

      (c) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for children who are English learners;

      (d) Offer recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12;

      (e) Engage and involve parents and families of children who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children; and

      (f) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy or provide for an extended school day.

 


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ê2017 Statutes of Nevada, Page 3769 (Chapter 544, SB 390)ê

 

      3.  A Zoom elementary school that receives money pursuant to subsection 2 shall offer each of the programs and services prescribed in paragraphs (a) and (b) of that subsection, and one of the programs prescribed in paragraph (f) of that subsection, so the Zoom elementary school may offer a comprehensive package of programs and services for pupils who are English learners. A Zoom elementary school:

      (a) Shall not use the money for any other purpose or use more than 5 percent of the money for the purposes described in paragraphs (c), (d) and (e) of subsection 2; and

      (b) May only use the money for the purposes described in paragraphs (c), (d) and (e) of subsection 2 if the board of trustees of the school district determines that such a use will not negatively impact the services provided to pupils enrolled in a Zoom elementary school.

      4.  A reading skills center operated by a Zoom elementary school must provide:

      (a) Support at the Zoom elementary school in the assessment of reading and literacy problems and language acquisition barriers for pupils;

      (b) Instructional intervention to enable pupils to overcome such problems and barriers by the completion of grade 3; and

      (c) Instructional intervention to enable pupils enrolled in grade 4 or 5 who were not able to overcome such problems and barriers by the completion of grade 3 to overcome them as soon as practicable.

      5.  The middle schools, junior high schools or high schools identified to operate as Zoom middle schools, junior high schools or high schools by the Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District for the 2015-2017 biennium shall continue to operate as Zoom middle schools, junior high schools and high schools, as applicable, for the 2017-2019 biennium.

      6.  The Clark County School District and the Washoe County School District shall distribute the money appropriated by the 2017 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for each Zoom middle school, junior high school and high school of those school districts to carry out one or more of the following:

      (a) Reduce class sizes for pupils who are English learners and provide English language literacy based classes;

      (b) Provide direct instructional intervention to each pupil who is an English learner using the data available from applicable assessments of that pupil;

      (c) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for pupils who are English learners;

      (d) Offer recruitment and retention incentives for teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12;

      (e) Engage and involve parents and families of pupils who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those pupils;

      (f) Provide other evidence-based programs and services that are approved by the Department of Education and that are designed to meet the specific needs of pupils enrolled in the school who are English learners;

 


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ê2017 Statutes of Nevada, Page 3770 (Chapter 544, SB 390)ê

 

      (g) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy; and

      (h) Provide for an extended school day.

Ê The Clark County School District and the Washoe County School District shall not use more than 5 percent of the money for the purposes described in paragraphs (c), (d) and (e) and may only use the money for the purposes described in paragraphs (c), (d) and (e) if the board of trustees of the school district determines that such use will not negatively impact the services provided to pupils enrolled in a Zoom middle school, junior high school or high school.

      7.  On or before August 1, 2017, the Clark County School District and the Washoe County School District shall each provide a report to the Department of Education which includes:

      (a) The names of the elementary schools operating as Zoom schools pursuant to subsection 1 and the plan of each such school for carrying out the programs and services prescribed by paragraphs (a) to (f), inclusive, of subsection 2;

      (b) The names of the middle schools, junior high schools and high schools operating as Zoom schools pursuant to subsection 5 and the plan of each school for carrying out the programs and services described in paragraphs (a) to (h), inclusive, of subsection 6; and

      (c) Evidence of the progress of pupils at each Zoom school, as measured by common standards and assessments, including, without limitation, interim assessments identified by the State Board of Education, if the State Board has identified such assessments.

      8.  From the money appropriated by the 2017 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools or charter schools or school districts other than the Clark County School District or Washoe County School District, the Department of Education shall provide grants of money to the sponsors of such charter schools and the school districts. The sponsor of such a charter school and the board of trustees of such a school district may submit an application to the Department on a form prescribed by the Department that includes, without limitation:

      (a) The number of pupils in the school district or charter school, as applicable, who are English learners or eligible for designation as English learners; and

      (b) A description of the programs and services the school district or charter school, as applicable, will provide with a grant of money, which may include, without limitation:

             (1) The creation or expansion of high-quality, developmentally appropriate prekindergarten programs, free of charge, that will increase enrollment of children who are English learners;

             (2) The acquisition and implementation of empirically proven assessment tools to determine the reading level of pupils who are English learners and technology-based tools, such as software, designed to support the learning of pupils who are English learners;

 


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ê2017 Statutes of Nevada, Page 3771 (Chapter 544, SB 390)ê

 

             (3) Professional development for teachers and other educational personnel regarding effective instructional practices and strategies for children who are English learners;

             (4) The provision of programs and services for pupils who are English learners, free of charge, before and after school, during the summer or intersession for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

             (5) Engaging and involving parents and families of children who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children;

             (6) Offering recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12; and

             (7) Provide other evidence-based programs and services that are approved by the Department and that are designed to meet the specific needs of pupils enrolled in the school who are English learners.

      9.  The Department of Education shall award grants of money to school districts and the sponsors of charter schools that submit applications pursuant to subsection 8 based upon the number of pupils enrolled in each such school district or charter school, as applicable, who are English learners or eligible for designation as English learners, and not on a competitive basis.

      10.  A school district and a sponsor of a charter school that receives a grant of money pursuant to subsection 8:

      (a) Shall not use more than 5 percent of the money for the purposes described in subparagraphs (3), (5) and (6) of paragraph (b) of subsection 8 and may only use the money for the purposes described in subparagraphs (3), (5) and (6) of paragraph (b) of subsection 8 if the board of trustees of the school district or the governing body of the charter school, as applicable, determines that such a use would not negatively impact the services provided to pupils enrolled in the school.

      (b) Shall provide a report to the Department of Education in the form prescribed by the Department with the information required for the Department’s report pursuant to subsection 15.

      11.  On or before August 17, 2017, the Department of Education shall submit a report to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee which includes:

      (a) The information reported by the Clark County School District and the Washoe County School District pursuant to subsection 7; and

      (b) The school districts and charter schools for which a grant of money is approved pursuant to subsection 9 and the plan of each such school district and charter school for carrying out programs and services with the grant money, including, without limitation, any programs and services described in subparagraphs (1) to (7), inclusive, of paragraph (b) of subsection 8.

      12.  The State Board of Education shall prescribe:

 

 

 


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ê2017 Statutes of Nevada, Page 3772 (Chapter 544, SB 390)ê

 

      (a) A list of recruitment and retention incentives for the school districts and the sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel pursuant to paragraph (d) of subsection 2, paragraph (d) of subsection 6 and subparagraph (6) of paragraph (b) of subsection 8; and

      (b) Criteria and procedures to notify a school district or a charter school that receives money pursuant to this section if the school district or charter school is not implementing the programs and services for which the money was received in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board pursuant to subsection 13, including, without limitation, a plan of corrective action for the school district or charter school to follow to meet the requirements of this section or the performance levels.

      13.  The State Board of Education shall prescribe statewide performance levels and outcome indicators to measure the effectiveness of the programs and services for which money is received by the school districts and charter schools pursuant to this section. The performance levels must establish minimum expected levels of performance on a yearly basis based upon the performance results of children who participate in the programs and services. The outcome indicators must be designed to track short-term and long-term impacts on the progress of children who participate in the programs and services, including, without limitation:

      (a) The number of children who participated;

      (b) The extent to which the children who participated improved their English language proficiency and literacy levels compared to other children who are English learners or eligible for such a designation who did not participate in the programs and services; and

      (c) To the extent that a valid comparison may be established, a comparison of the academic achievement and growth in the subject areas of English language arts and mathematics of children who participated in the programs and services to other children who are English learners or eligible for such a designation who did not participate in the programs and services.

      14.  The Department of Education shall contract for an independent evaluation of the effectiveness of the programs and services offered by each Zoom elementary school pursuant to subsection 2, each Zoom middle school, junior high school and high school pursuant to subsection 6 and the programs and services offered by the other school districts and the charter schools pursuant to subsection 8.

      15.  The Clark County School District, the Washoe County School District and the Department of Education shall each prepare an annual report that includes, without limitation:

      (a) An identification of the schools that received money from the School District or a grant of money from the Department, as applicable.

      (b) How much money each such school received.

      (c) A description of the programs or services for which the money was used by each such school.

      (d) The number of children who participated in a program or received services.

      (e) The average per-child expenditure per program or service that was funded.

 


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ê2017 Statutes of Nevada, Page 3773 (Chapter 544, SB 390)ê

 

      (f) For the report prepared by the School Districts, an evaluation of the effectiveness of such programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in the programs or received services.

      (g) Any recommendations for legislation, including, without limitation:

             (1) For the continuation or expansion of programs and services that are identified as effective in improving the academic and linguistic achievement and proficiency of children who are English learners.

             (2) A plan for transitioning the funding for providing the programs and services set forth in this section to pupils who are English learners from categorical funding to a weighted per pupil formula within the Nevada Plan.

      (h) For the report prepared by the Department, in addition to the information reported for paragraphs (a) to (e), inclusive, and paragraph (g):

             (1) The results of the independent evaluation required by subsection 14 of the effectiveness of the programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in a program or received a service;

             (2) Whether a school district or charter school was notified that it was not implementing the programs and services for which it received money pursuant to this section in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board of Education pursuant to subsection 13 and the status of such a school district or charter school, if any, in complying with a plan for corrective action; and

             (3) Whether each school district or charter school that received money pursuant to this section met the performance levels prescribed by the State Board of Education pursuant to subsection 13.

      16.  The annual report prepared by the Clark County School District and the Washoe County School District pursuant to subsection 15 must be submitted to the Department of Education on or before June 1, 2018, and January 16, 2019, respectively. The Department shall submit the information reported by those school districts and the information prepared by the Department pursuant to subsection 15:

      (a) On or before June 15, 2018, to the State Board of Education and the Legislative Committee on Education.

      (b) On or before February 1, 2019, to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature.

      17.  The Department of Education may require a Zoom school or other public school that receives money pursuant to this section to provide a report to the Department on:

      (a) The number of vacancies, if any, in full-time licensed educational personnel at the school;

      (b) The number of probationary employees, if any, employed at the school;

      (c) The number, if any, of persons who are employed at the school as substitute teachers for 20 consecutive days or more in the same classroom or assignment and designated as long-term substitute teachers; and

      (d) Any other information relating to the personnel at the school as requested by the Department.

 


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ê2017 Statutes of Nevada, Page 3774 (Chapter 544, SB 390)ê

 

      18.  The money appropriated by the 2017 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools must be accounted for separately from any other money received by school districts or charter schools of this State and used only for the purposes specified in this section.

      19.  Except as otherwise provided in paragraph (d) of subsection 2, paragraph (d) of subsection 6 and subparagraph (6) of paragraph (b) of subsection 8, the money appropriated by the 2017 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools:

      (a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

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

      20.  Upon request of the Legislative Commission, the Clark County School District and the Washoe County School District shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money distributed by the 2017 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools.

      21.  As used in this section:

      (a) “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

      (b) “Probationary employee” has the meaning ascribed to it in NRS 391.650.

      Sec. 2. Section 3 of chapter 335, Statutes of Nevada 2015, at page 1875, is hereby amended to read as follows:

       Sec. 3.  This act becomes effective on July 1, 2015 [.] , and expires by limitation on June 30, 2017.

      Sec. 3.  This act becomes effective on July 1, 2017, and expires by limitation on June 30, 2019.

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ê2017 Statutes of Nevada, Page 3775ê

 

CHAPTER 545, SB 442

Senate Bill No. 442–Committee on Revenue and Economic Development

 

CHAPTER 545

 

[Approved: June 12, 2017]

 

AN ACT relating to economic development; revising the requirements that a business must satisfy to obtain a partial abatement of certain taxes and certain transferable tax credits; providing for the partial abatement of certain taxes imposed on a project located at multiple sites in this State that satisfies certain capital investment and other requirements; authorizing a municipality to create an improvement district to acquire, improve, equip, operate and maintain a rail project for a qualified project; revising provisions governing an improvement district created to finance certain infrastructure improvements for a qualified project; revising provisions governing the creation of a tax increment area by the governing body of a municipality; authorizing the governing body of a municipality that creates a tax increment area to enter into a contract for the payment of money in the tax increment account to a property owner to reimburse the property owner for certain costs paid by the property owner for an undertaking; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Office of Economic Development to grant a partial abatement of property taxes, business taxes and sales and use taxes to a business that locates or expands in this State and meets certain qualifications for the abatement. (NRS 274.310, 274.320, 360.750, 360.752, 360.753, 360.754, 701A.210) Under existing law, a business applying for certain types of partial abatements may meet the requirements for the partial abatement if the business satisfies certain criteria, even if the business pays its new employees less than the average hourly wage in this State and does not provide health insurance to its employees in this State. Sections 1-3 of this bill revise the eligibility criteria for these partial abatements so that to qualify for the partial abatement, a business is required to pay the new employees hired by the business a wage that is at least equal to the average statewide hourly wage and offer to all of its employees health benefits that meet standards established by the Office. Sections 1-3 and 22 of this bill remove provisions authorizing the Office to make less stringent the requirements related to the payment of wages and the offering of health benefits to employees. However, section 1 also: (1) maintains a provision of existing law that authorizes the Office to approve a reduced partial abatement if the business pays the new employees hired by the business a wage that is less than the average statewide wage; and (2) revises the criteria under which the Office may approve a reduced partial abatement under that provision. Finally, sections 1, 11 and 22 of this bill revise the eligibility criteria for certain partial abatements so that certain criteria applicable to a business expanding or locating in a county whose population is 100,000 or less (currently all counties other than Clark and Washoe Counties) also apply to a business expanding or locating in an area of such a county that is located: (1) within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture; and (2) at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture.

      Under existing law, the eligibility criteria for certain partial abatements of taxes and the issuance of certain transferable tax credits require at least 50 percent of the employees engaged or anticipated to be engaged in the construction of the project for which the partial abatement or tax credits are awarded to be residents of this State.

 


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ê2017 Statutes of Nevada, Page 3776 (Chapter 545, SB 442)ê

 

Sections 4, 6 and 9 of this bill remove the term “anticipated to be engaged” so that the eligibility criteria for the partial abatements and tax credits require at least 50 percent of the employees engaged in the construction of the project to be residents of this State.

      Existing law authorizes the Office of Economic Development to approve applications for partial abatements of certain taxes and the issuance of transferable tax credits submitted by the lead participant engaged in a qualified project with other participants for a common purpose or business endeavor and which is located within the geographic boundaries of a single project site in this State. (NRS 360.880-360.980) Sections 5-7 of this bill authorize the Office to approve an application for partial abatements of certain taxes for qualified projects located on multiple project sites if the capital investment by certain participants in the qualified project will be at least $1 billion and certain criteria are met. Sections 5 and 8 of this bill revise the definition of a “project” so that: (1) the participants must be engaged in a common business purpose or industry; and (2) such participants must be deemed to be engaged in a common business purpose or industry if the participants are in the same supply chain related to the common business purpose or industry or provide components or services related to the common business purpose or industry. Sections 6 and 9 of this bill require the lead participant in the qualified project to enter into an agreement with the governing body of the city or county in which the qualified project is located, which requires: (1) the lead participant to pay the cost of certain engineering and design work necessary to determine the cost of infrastructure improvements required by the qualified project; and (2) the governing body of the city or county to reimburse the lead participant for those costs.

      Under existing law governing a partial abatement of certain taxes for a qualified project that will make a capital investment in this State of at least $1 billion, as a condition of the partial abatement, the lead participant is required to pay all or a portion of the abated taxes into a trust fund in the State Treasury until part or all of the requirements for the partial abatement have been met. If the requirements for the partial abatement are met, the abated taxes paid into the trust fund, including the interest and income earned on that money, must be returned to the lead participant. If the requirements for the partial abatement are not met, the money in the trust fund must be transferred to the entity that would have received the money if the partial abatement had not been granted, as determined by the Department of Taxation. (NRS 360.893) Sections 7 and 9.5 of this bill provide that if certain assessments, or installments thereof, used to pay bonds or other obligations of this State or a local government in connection with the qualified project are delinquent, the money in the trust fund must be used to repay any bonds or other obligations issued by this State or a local government in connection with the qualified project. Section 14.5 of this bill provides that any money collected to enforce the assessment, or installment thereof, including the proceeds of a sale of property to collect or enforce the assessment, or installment thereof, must be used to repay any amounts paid from the trust fund to repay such bonds or other obligations.

      Existing law establishes provisions pursuant to which a local government that receives notice from the Office of Economic Development that a qualified project will be located within the jurisdiction of the local government and that determines there is a need to finance infrastructure projects to support the development of the qualified project may submit to the Office an economic development financing proposal pursuant to which the infrastructure projects would be financed from the proceeds of bonds, securities or other indebtedness issued by the State of Nevada. (NRS 360.981-360.992) Before the issuance of any bonds, securities or other indebtedness of the State pursuant to such an economic development financing proposal, the lead participant in the qualified project is required to provide adequate security that the lead participant will carry out the qualified project. Section 10 of this bill provides that a lien for special assessments imposed on the qualified project may constitute such adequate security.

 


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ê2017 Statutes of Nevada, Page 3777 (Chapter 545, SB 442)ê

 

      Existing law requires a business applying to the Office for certain partial abatements of property taxes to satisfy certain requirements, including, without limitation, a requirement to make a minimum amount of capital investment in the county in which the business is located. (NRS 361.0687) The minimum amount of the capital investment is scheduled to increase on July 1, 2017. Section 11 of this bill permanently extends the current requirement for the minimum capital investment.

      Existing law authorizes the governing body of any county, city or unincorporated town to create an improvement district for the acquisition, operation and maintenance of certain improvement projects and to finance the cost of any project through the issuance of bonds and the levy of assessments upon property in the improvement district. (NRS 271.265, 271.270, 271.325) Existing law authorizes a municipality in which a qualified project is located to create an improvement district to acquire, improve, equip, operate and maintain an electrical project or a fire protection project for the qualified project. (NRS 271.265) Sections 12 and 14 of this bill authorize such a municipality to create an improvement district to acquire, improve, equip, operate and maintain a rail project for a qualified project. Section 16 of this bill amends provisions governing tax increment areas to enact the same definition for “rail project” as is set forth in section 12.

      Existing law authorizes the governing body of a municipality to designate a tax increment area for the purpose of creating a special account for the payment of bonds or other securities issued to defray the cost of certain undertakings. The designation of a tax increment area by the governing body provides for the allocation of a portion of the taxes levied upon taxable property in the tax increment area each year to pay the bond requirements of loans, money advanced to or indebtedness incurred by the municipality to finance or refinance the undertaking. In addition to such property taxes, a portion of the sales and use taxes imposed within the tax increment area and the excise tax imposed on financial institutions and employers (the “modified business tax”) located in the tax increment area may be allocated to pay the debt incurred by the municipality to finance or refinance the undertaking if the undertaking is a rail project in relation to a qualified project or a natural resources project. (Chapter 278C of NRS) Sections 17 and 18 of this bill authorize the governing body of a municipality to enter into an agreement with a property owner in a tax increment area under which the municipality is required to pay the property owner money from the tax increment account for costs incurred by the property owner in connection with an undertaking. Section 15 of this bill enacts a definition of “bond requirements” for the purpose of enabling a municipality to pay a property owner money from the tax increment account in accordance with an agreement entered into pursuant to sections 17 and 18.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 360.750 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 Office of Economic Development pursuant to this section 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 Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business offers primary jobs and is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

 


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ê2017 Statutes of Nevada, Page 3778 (Chapter 545, SB 442)ê

 

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) State that the business will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection;

             (4) State that the business will offer primary jobs; and

             (5) 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 subsection 4 or 5, the average hourly wage that will be paid by the business to its new 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.

      (e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office.

      (f) Except as otherwise provided in this subsection and 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] one of the following requirements:

             (1) The business will have 50 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $1,000,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             [(3) The average hourly wage that will be paid by the new business to its new 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, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

 


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ê2017 Statutes of Nevada, Page 3779 (Chapter 545, SB 442)ê

 

insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits the business provides to its employees in this State will meet the minimum requirements for health care benefits established by the Office.

      (e)](g) 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 , in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the business meets at least [two] one of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $250,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             [(3) The average hourly wage that will be paid by the new business to its new 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, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits the business provides to its employees in this State will meet the minimum requirements for health care benefits established by the Office.

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

             (1) For a business in:

                   (I) [A] Except as otherwise provided in sub-subparagraph (II), a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by twenty-five employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective; or

                   (II) A county whose population is less than 100,000 , an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or a city whose population is less than 60,000, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase

 


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ê2017 Statutes of Nevada, Page 3780 (Chapter 545, SB 442)ê

 

geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or a city whose population is less than 60,000, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by six employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) The business will expand by making a capital investment in this State, not later than the date which is 2 years after the date on which the abatement becomes effective, in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective, and the capital investment will be in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective. 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, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, 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 health care benefits the business provides to its new employees in this State will meet the minimum requirements for health care benefits established by the Office.

      (g)](i) The applicant has provided in the application an estimate of the total number of new employees which the business anticipates hiring in this State by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective if the Office approves the application.

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

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

      (b) Shall consider the level of health care benefits provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.

 


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ê2017 Statutes of Nevada, Page 3781 (Chapter 545, SB 442)ê

 

      (c) May, if the Office determines that such action is necessary:

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

             (2) Make any of the requirements set forth in [paragraph (d), (e) or (f)] paragraphs (d) to (h), inclusive, of subsection 2 more stringent; or

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

      4.  Notwithstanding any other provision of law, the Office of Economic Development shall not approve an application for a partial abatement pursuant to this section if:

      (a) The applicant intends to locate or expand in a county in which the rate of unemployment is [6] 7 percent or more and the average hourly wage that will be paid by the applicant to its new employees in this State is less than [65] 70 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.

      (b) The applicant intends to locate or expand in a county in which the rate of unemployment is less than [6] 7 percent and the average hourly wage that will be paid by the applicant to its new employees in this State is less than [80] 85 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.

      5.  Notwithstanding any other provision of law, if the Office of Economic Development approves an application for a partial abatement pursuant to this section, in determining the types of taxes imposed on a new or expanded business for which the partial abatement will be approved and the amount of the partial abatement:

      (a) If the new or expanded business is located in a county in which the rate of unemployment is [6] 7 percent or more and the average hourly wage that will be paid by the business to its new employees in this State is less than [80] 85 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, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

      (b) If the new or expanded business is located in a county in which the rate of unemployment is less than [6] 7 percent and the average hourly wage that will be paid by the business to its new employees in this State is less than 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, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

 


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ê2017 Statutes of Nevada, Page 3782 (Chapter 545, SB 442)ê

 

             (3) Approve an abatement of the taxes imposed pursuant to chapter 374 of NRS which exceeds the local sales and use taxes. As used in this subparagraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the new or expanded business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      6.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office 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.

      7.  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 Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      8.  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,

Ê 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.

      9.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection 8 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.

      10.  The Office of Economic Development may adopt such regulations as the Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.

      11.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph [(d)] (f) or [(e)] (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.

 


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ê2017 Statutes of Nevada, Page 3783 (Chapter 545, SB 442)ê

 

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.

      12.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      13.  For the purposes of this section, an employee is a “full-time employee” if he or she is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subsection 2.

      Sec. 2. NRS 360.752 is hereby amended to read as follows:

      360.752  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter 361 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business is in one or more of the industry sectors for economic development promoted, identified or otherwise approved by the Governor’s Workforce Investment Board described in NRS 232.935.

      (b) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (c) The applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) Require the business to submit to the Department the reports required by paragraph (c) of subsection 1 of NRS 218D.355;

             (3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;

             (4) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (5) 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 Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

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

      (d) 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.

      (e) The business does not receive:

             (1) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or

             (2) Any real or personal property from a governmental entity at no cost or at a reduced cost.

 


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ê2017 Statutes of Nevada, Page 3784 (Chapter 545, SB 442)ê

 

      (f) The average hourly wage that will be paid by the business to its new 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.

      (g) The business will offer a health insurance plan for all full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both, and the benefits the business offers to its employees in this State will meet the minimum requirements for benefits established by the Office.

      (h) The business meets the following requirements:

             (1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to be used in support of research, development or training related to the field of endeavor of the business.

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more graduate students from the program in which the capital investment is made on a part-time basis during years 2 through 5, inclusive, of the abatement.

             (4) [The average hourly wage that will be paid by the business to its new 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 full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both; and

                   (II) The benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office.

             (5)] The business submits with its application for a partial abatement:

                   (I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

      [(g)](i) In lieu of meeting the requirements of paragraph [(f),] (h), the business meets the following requirements:

 


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ê2017 Statutes of Nevada, Page 3785 (Chapter 545, SB 442)ê

 

             (1) The business makes a capital investment of at least $500,000 in the Nevada State College or an institution of the Nevada System of Higher Education other than those set forth in subparagraph (1) of paragraph [(f),] (h), to be used in support of college certification or in support of research or training related to the field of endeavor of the business.

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.

             (4) [The average hourly wage that will be paid by the business to its new 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 full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both; and

                   (II) The benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office.

             (5)] The business submits with its application for a partial abatement:

                   (I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

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

      (a) Shall furnish to the board of county commissioners of each affected county a copy of each application for a partial abatement pursuant to this section.

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

      (c) Shall not approve an application for a partial abatement pursuant to this section unless the abatement is approved or deemed approved as described in this paragraph. The board of county commissioners of each affected county must approve or deny the application not later than 30 days after the board of county commissioners receives a copy of the application as described in paragraph (a).

 


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ê2017 Statutes of Nevada, Page 3786 (Chapter 545, SB 442)ê

 

described in paragraph (a). If the board of county commissioners does not approve or deny the application within 30 days after the board of county commissioners receives a copy of the application, the application shall be deemed approved.

      (d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The total amount of the abatement must not exceed;

             (1) Fifty percent of the amount of the taxes imposed on the personal property of the business pursuant to chapter 361 of NRS during the period of the abatement; or

             (2) Fifty percent of the amount of the capital investment by the business,

Ê whichever amount is less;

      (b) The duration of the abatement must be for 5 years; and

      (c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office 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 of the county in which the business will be located.

      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 Office of 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 to meet the requirements set forth in subsection 2 or ceases operation before the time specified in the agreement described in paragraph (c) of subsection 2:

      (a) The business shall repay 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.

      (b) The applicable institution of higher education is entitled to keep the entire capital investment made by the business in that institution.

      8.  A county treasurer:

 


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      (a) Shall deposit any money that he or she 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 Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for a partial abatement pursuant to this section; and

      (b) May adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

      10.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding any security that a business is required to post to qualify for a partial abatement pursuant to this section; and

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

      11.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      12.  Except as otherwise provided in this subsection, as used in this section, “capital investment” includes, without limitation, an investment of real or personal property, money or other assets by a business in an institution of the Nevada System of Higher Education. The Office of Economic Development may, by regulation, specify the types of real or personal property or assets that are included within the definition of “capital investment.”

      Sec. 3. NRS 360.753 is hereby amended to read as follows:

      360.753  1.  An owner of a business or a person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of:

      (a) The personal property taxes imposed on an aircraft and the personal property used to own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft; and

      (b) The local sales and use taxes imposed on the purchase of tangible personal property used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft.

      2.  Notwithstanding the provisions of any law to the contrary and except as otherwise provided in subsections 3 and 4, the Office of Economic Development shall approve an application for a partial abatement if the Office makes the following determinations:

      (a) The applicant has executed an agreement with the Office which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) States that the business will, after the date on which a certificate of eligibility for the partial abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be not less than 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

 


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             (4) Binds any successor in interest of the applicant for the specified period;

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

      (c) The business owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft;

      (d) The average hourly wage that will be paid by the business to its employees in this State during the period of partial abatement is not less than 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.

      (e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office.

      (f) If the business is:

             (1) A new business, that it will have five or more full-time employees on the payroll of the business within 1 year after receiving its certificate of eligibility for a partial abatement; or

             (2) An existing business, that it will increase its number of full-time employees on the payroll of the business in this State by 3 percent or three employees, whichever is greater, within 1 year after receiving its certificate of eligibility for a partial abatement; and

      [(e)](g) The business meets at least one of the following requirements:

             (1) The business will make a new capital investment of at least $250,000 in this State within 1 year after receiving its certificate of eligibility for a partial abatement.

             (2) The business will maintain and possess in this State tangible personal property having a value of not less than $5,000,000 during the period of partial abatement.

             (3) [The average hourly wage that will be paid by the business to its employees in this State during the period of partial abatement is not less than 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.

             (4)] The business develops, refines or owns a patent or other intellectual property, or has been issued a type certificate by the Federal Aviation Administration pursuant to 14 C.F.R. Part 21.

      3.  The Office of Economic Development:

      (a) Shall approve or deny an application submitted pursuant to this section and notify the applicant of its decision not later than 45 days after receiving the application.

      (b) Must not:

             (1) Consider an application for a partial abatement unless the Office has requested a letter of acknowledgment of the request for the partial abatement from any affected county, school district, city or town and has complied with the requirements of NRS 360.757; or

             (2) Approve a partial abatement for any applicant for a period of more than 20 years.

 


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ê2017 Statutes of Nevada, Page 3789 (Chapter 545, SB 442)ê

 

      4.  The Office of Economic Development must not approve a partial abatement of personal property taxes for a business whose physical property is collectively valued and centrally assessed pursuant to NRS 361.320 and 361.3205 . [unless the business is regulated under 14 C.F.R. Part 125 or 135.]

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the partial abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from personal property taxes, the appropriate 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 Office of 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 whose partial abatement 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 (a) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from personal property taxes, to the appropriate county treasurer, the amount of the partial abatement 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 partial abatement required to be repaid 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.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

      9.  The Nevada Tax Commission may adopt such regulations as the Commission determines are necessary to carry out the provisions of this section.

      10.  An applicant for a partial abatement who is aggrieved by a final decision of the Office of Economic Development may petition a court of competent jurisdiction to review the decision in the manner provided in chapter 233B of NRS.

      11.  If the Office of Economic Development approves an application for a partial abatement of local sales and use taxes pursuant to this section, the Department shall issue to the business a document certifying the partial abatement which can be presented to retailers and customers of the business at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2 percent.

      12.  As used in this section:

 


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      (a) “Aircraft” means any fixed-wing, rotary-wing or unmanned aerial vehicle.

      (b) “Component of an aircraft” means any:

             (1) Element that makes up the physical structure of an aircraft, or is affixed thereto;

             (2) Mechanical, electrical or other system of an aircraft, including, without limitation, any component thereof; and

             (3) Raw material or processed material, part, machinery, tool, chemical, gas or equipment used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or component of an aircraft.

      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.

      (d) “Local sales and use taxes” means any taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in any political subdivision of this State, except the taxes imposed by the Sales and Use Tax Act.

      (e) “Personal property taxes” means any taxes levied on personal property by the State or a local government pursuant to chapter 361 of NRS.

      Sec. 4. NRS 360.754 is hereby amended to read as follows:

      360.754  1.  A person who intends to locate or expand a data center in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded data center pursuant to chapter 361 or 374 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The application is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053 and any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office of Economic Development which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office of Economic Development, which must not be earlier than the date on which the Office received the application;

             (3) State that the data center will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office of Economic Development, which must be at least 10 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (4) Bind the successors in interest of the applicant for the specified period.

      (c) The applicant 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 each county, city or town in which the data center operates.

      (d) If the applicant is seeking a partial abatement for a period of not more than 10 years, the applicant meets the following requirements:

 


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             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 10 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 10 or more full-time employees who are residents of Nevada at the data center until at least the date which is 10 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $25,000,000 in capital assets that will be used or located at the data center.

             (3) The average hourly wage that will be paid by the data center 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 data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 12.

             (4) At least 50 percent of the employees engaged [or anticipated to be engaged] in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (e) If the applicant is seeking a partial abatement for a period of 10 years or more but not more than 20 years, the applicant meets the following requirements:

             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 50 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 50 or more full-time employees who are residents of Nevada at the data center until at least the date which is 20 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $100,000,000 in capital assets that will be used or located at the data center.

             (3) The average hourly wage that will be paid by the data center 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:

 


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ê2017 Statutes of Nevada, Page 3792 (Chapter 545, SB 442)ê

 

                   (I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 12.

             (4) At least 50 percent of the employees engaged [or anticipated to be engaged] in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (f) The applicant has provided in the application an estimate of the total number of new employees which the data center anticipates hiring in this State if the Office of Economic Development approves the application.

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

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office of Economic Development has requested a letter of acknowledgment of the request for the abatement from each affected county, school district, city or town.

      (b) Shall consider the level of health care benefits provided to employees employed at the data center, the projected economic impact of the data center and the projected tax revenue of the data center after deducting projected revenue from the abated taxes.

      (c) May, if the Office of Economic Development determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a data center that does not meet the requirements set forth in paragraph (d) or (e) of subsection 2;

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

             (3) Add additional requirements that an applicant must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office 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 of each county in which the data center is or will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office may also approve a partial abatement of taxes for each colocated business that enters into a contract to use or occupy, for a period of at least 2 years, all or a portion of the new or expanded data center. Each such colocated business shall obtain a state business registration issued by the Secretary of State. The percentage amount of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the percentage amount of the partial abatement approved for the data center.

 


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ê2017 Statutes of Nevada, Page 3793 (Chapter 545, SB 442)ê

 

abatement approved for the data center. The duration of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the duration of the contract or contracts entered into between the colocated business and the data center, including the duration of any contract or contracts extended or renewed by the parties. If a colocated business ceases to meet the requirements set forth in this subsection, the colocated business shall repay the amount of the abatement that was allowed in the same manner in which a data center is required by subsection 7 to repay the Department or a county treasurer. If a data center ceases to meet the requirements of subsection 2 or ceases operation before the time specified in the agreement described in paragraph (b) of subsection 2, any partial abatement approved for a colocated business ceases to be in effect, but the colocated business is not required to repay the amount of the abatement that was allowed before the date on which the abatement ceases to be in effect. A data center shall provide the Executive Director of the Office and the Department with a list of the colocated businesses that are qualified to receive a partial abatement pursuant to this subsection and shall notify the Executive Director within 30 days after any change to the list. The Executive Director shall provide the list and any updates to the list to the Department and the county treasurer of each affected county.

      6.  An applicant for a partial abatement pursuant to this section or a data center whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of 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 data center 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,

Ê the data center 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 abatement that was allowed pursuant to this section before the failure of the data center to comply unless the Nevada Tax Commission determines that the data center has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the data center shall, in addition to the amount of the abatement required to be repaid 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 or she receives pursuant to subsection 5 or 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.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

 


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ê2017 Statutes of Nevada, Page 3794 (Chapter 545, SB 442)ê

 

      10.  For an employee to be considered a resident of Nevada for the purposes of this section, a data center must maintain the following documents in the personnel file of the employee:

      (a) A copy of the current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

      (c) Proof that the employee is a full-time employee; and

      (d) Proof that the employee is covered by the health insurance plan which the data center is required to provide pursuant to sub-subparagraph (I) of subparagraph (3) of paragraph (d) of subsection 2 or sub-subparagraph (I) of subparagraph (3) of paragraph (e) of subsection 2.

      11.  For the purpose of obtaining from the Executive Director of the Office of Economic Development any waiver of the requirements set forth in subparagraph (4) of paragraph (d) of subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a data center must submit to the Executive Director of the Office of Economic Development written documentation of the efforts to meet the requirements and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      12.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of health care benefits that a data center must provide to its employees to meet the requirement set forth in paragraph (d) or (e) of subsection 2;

      (b) May adopt such other regulations as the Office determines to be necessary to carry out the provisions of this section; and

      (c) Shall not approve any application for a partial abatement submitted pursuant to this section which is received on or after January 1, 2036.

      13.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment necessary to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

             (2) Any security that a data center 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.

      14.  As used in this section, unless the context otherwise requires:

      (a) “Colocated business” means a person who enters into a contract with a data center that is qualified to receive an abatement pursuant to this section to use or occupy all or part of the data center.

      (b) “Data center” means one or more buildings located at one or more physical locations in this State which house a group of networked server computers for the purpose of centralizing the storage, management and dissemination of data and information pertaining to one or more businesses and includes any modular or preassembled components, associated telecommunications and storage systems and, if the data center includes more than one building or physical location, any network or connection between such buildings or physical locations.

 


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      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in paragraph (d) or (e) of subsection 2.

      Sec. 5. NRS 360.886 is hereby amended to read as follows:

      360.886  “Project” means a project undertaken by a business or group of businesses:

      1.  Located within the geographic boundaries of a single project site or sites in this State; and

      2.  Engaged in a common business purpose or [business endeavor.] industry. A business or group of businesses must be deemed to be engaged in a common business purpose or industry if the business or group of businesses are in a supply chain related to the common business purpose or industry or provide components or services related to the common business purpose or industry.

      Sec. 5.5. NRS 360.888 is hereby amended to read as follows:

      360.888  “Qualified project” means a project which the Office of Economic Development determines meets all the requirements set forth in subsections 2, [3 and] 4 and 5 of NRS 360.889.

      Sec. 6. NRS 360.889 is hereby amended to read as follows:

      360.889  1.  On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

      (a) A certificate of eligibility for transferable tax credits which may be applied to:

             (1) Any tax imposed by chapters 363A and 363B of NRS;

             (2) The gaming license fees imposed by the provisions of NRS 463.370;

             (3) Any tax imposed by chapter 680B of NRS; or

             (4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

      (b) A partial abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

      2.  For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

      (a) Submit an application that meets the requirements of subsection [3;] 4;

      (b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;

      (c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application;

      (d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or [business endeavor;] industry;

      (e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site [;] or sites;

 


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      (f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

      (g) Provide documentation satisfactory to the Office of the number of employees engaged [or anticipated to be engaged] in the construction of the project;

      (h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

      (i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

      (j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;

      (k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged [or anticipated to be engaged] in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;

      (l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

             (1) Shows the amount of money invested in this State by each participant in the project;

             (2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

             (3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

             (4) Is certified by an independent certified public accountant in this State who is approved by the Office;

      (m) Pay the cost of the audit required by paragraph (l); [and]

      (n) Enter into an agreement with governing body of the city or county in which the qualified project is located that:

             (1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990; and

             (2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds issued pursuant to NRS 360.991; and

      (o) Meet any other requirements prescribed by the Office.

      3.  In addition to meeting the requirements set forth in subsection 2, for a project located on more than one site in this State to be eligible for the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant must, on behalf of the project, submit an application that meets the requirements of subsection 4 on or before June 30, 2019, and provide documentation satisfactory to the Office that:

 


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ê2017 Statutes of Nevada, Page 3797 (Chapter 545, SB 442)ê

 

that meets the requirements of subsection 4 on or before June 30, 2019, and provide documentation satisfactory to the Office that:

      (a) The initial project will have a total of 500 or more full-time employees employed at the site of the initial project and the average hourly wage that will be paid to employees of the initial project in this State is at least 120 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;

      (b) Each participant in the project must be a subsidiary or affiliate of the lead participant; and

      (c) Each participant offers primary jobs and:

             (1) Except as otherwise provided in subparagraph (2), satisfies the requirements of paragraph (f) or (g) of subsection 2 of NRS 360.750, regardless of whether the business is a new business or an existing business; and

             (2) If a participant owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft, that the participant satisfies the applicable requirements of paragraph (f) or (g) of subsection 2 of NRS 360.753.

Ê If any participant is a data center, as defined in NRS 360.754, any capital investment by that participant must not be counted in determining whether the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application, as required by paragraph (c) of subsection 2.

      4.  An application submitted pursuant to subsection 2 must include:

      (a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

      (b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site [;] or sites;

      (c) The name and business address of each participant in the project, which must be an address in this State;

      (d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $1 billion in this State in the 10-year period immediately following approval of the application;

      (e) If the application includes one or more partial abatements, an agreement executed by the Office with the lead participant in the project which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States the date on which the partial abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) States that the project will, after the date on which a certificate of eligibility for the partial abatement is approved pursuant to NRS 360.893, continue in operation in this State for a period specified by the Office; and

             (4) Binds successors in interest of the lead participant for the specified period; and

      (f) Any other information required by the Office.

 


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ê2017 Statutes of Nevada, Page 3798 (Chapter 545, SB 442)ê

 

      [4.]5.  For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

      (a) A copy of the:

             (1) Current and valid Nevada driver’s license of the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee or a current and valid identification card for the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee; or

             (2) If the employee is a veteran of the Armed Forces of the United States, a current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

      (c) Proof that the employee is employed full-time and scheduled to work for an average minimum of 30 hours per week; and

      (d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

      [5.]6.  For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      [6.]7.  The Executive Director of the Office shall make available to the public and post on the Internet website of the Office:

      (a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

      (b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

      [7.]8.  The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.

      [8.]9.  The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.

      Sec. 7. NRS 360.893 is hereby amended to read as follows:

      360.893  1.  If the Office of Economic Development approves an application for a partial abatement of property taxes, employer excise taxes or local sales and use taxes submitted pursuant to paragraph (b) of subsection 1 of NRS 360.889, the Office shall immediately forward a certificate of eligibility for the partial abatement of the taxes described in that paragraph to:

 


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ê2017 Statutes of Nevada, Page 3799 (Chapter 545, SB 442)ê

 

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) The county treasurer of the county in which the qualified project will be located.

      2.  [The] Except as otherwise provided in subsection 3, the partial abatement for the lead participant in the qualified project must:

      (a) For property taxes, be for a duration of not more than 10 years after the effective date of the partial abatement and in an amount that equals 75 percent of the amount of the property taxes that would otherwise be owed by each participant for the qualified project;

      (b) For employer excise taxes, be for a duration of not more than 10 years after the effective date of the partial abatement and in an amount that equals 75 percent of the amount of the employer excise taxes that would otherwise be owed by each participant for employees employed by the participant for the qualified project; and

      (c) For local sales and use taxes, be for a duration of not more than 15 years after the effective date of the partial abatement and in an amount that equals the amount of the local sales and use taxes that would otherwise be owed by each participant in the qualified project.

      3.  If the qualified project is a project located on more than one site in this State, the partial abatement for the lead participant must:

      (a) For property taxes, be for a duration of not more than 10 years after the effective date of the partial abatement and in an amount that equals 75 percent of the amount of the property taxes that would otherwise be owed by each participant for the qualified project;

      (b) For employer excise taxes, be for a duration of not more than 10 years after the effective date of the partial abatement and in an amount that equals 75 percent of the amount of the employer excise taxes that would otherwise be owed by each participant for employees employed by the participant for the qualified project; and

      (c) For local sales and use taxes, be for a duration of not more than 15 years after the effective date of the partial abatement and in an amount that equals that portion of the combined rate of all the local sales and use taxes payable by each participant in the qualified project each year which exceeds 0.6 percent. The Department of Taxation shall issue to the lead participant a document certifying the abatement which can be presented to retailers at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2.6 percent. As used in this paragraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the new or expanded business is located, except the taxes imposed by the Sales and Use Tax Act.

Ê Notwithstanding any other provision of law, if the Office of Economic Development approves an application for a partial abatement of property taxes, employer excise taxes or local sales and use taxes submitted pursuant to paragraph (b) of subsection 1 of NRS 360.889 for a lead participant of a qualified project located on more than one site in this State, the State Controller shall allocate, transfer and remit an amount equal to all the sales and use taxes imposed in this State and collected from the qualified project for the period of the abatement in the same manner as if that amount consisted solely of the proceeds of the taxes imposed by NRS 374.110 and 374.190.

 


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ê2017 Statutes of Nevada, Page 3800 (Chapter 545, SB 442)ê

 

      4.  As a condition of approving a partial abatement of taxes pursuant to NRS 360.880 to 360.896, inclusive, the Executive Director of the Office of Economic Development, if he or she determines it to be in the best interests of the State of Nevada, may require the lead participant to pay at such time or times as deemed appropriate, an amount of money equal to all or a portion of the abated taxes into a trust fund in the State Treasury to be held until all or a portion of the requirements for the partial abatement have been met. Interest and income earned on money in the trust fund must be credited to the trust fund. Any money remaining in the trust fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the trust fund must be carried forward to the next fiscal year. Money in the trust fund must not be used for any purpose other than the purposes set forth in [subsection 4.

      4.]subsections 5 and 6.

      5.  If any assessment, or installment thereof, imposed on a qualified project pursuant to chapter 271 of NRS is delinquent, the money in the trust fund established pursuant to subsection 4 must:

      (a) First be used to repay the bonds or other obligations of the State which are issued in connection with the qualified project.

      (b) If any money remains in the trust fund after payments are made pursuant to paragraph (a), be used to repay bonds or other obligations of a municipality issued in connection with the qualified project.

      6.  Upon a determination by the Executive Director of the Office of Economic Development that the requirements for the partial abatement have been met, the money in the trust fund established pursuant to subsection [3,] 4, including any interest and income earned on the money during the time it was in the trust fund, must be returned to the lead participant. If the Executive Director of the Office of Economic Development determines that the requirements for the partial abatement have not been met:

      (a) Except as otherwise provided in this subsection [, the] :

             (1) The money in the trust fund established pursuant to subsection [3] 4, after any payment made pursuant to subsection 5, must be transferred to the entity that would have received the money if the Office had not approved the partial abatement, as determined by the Department [.] ; and

             (2) Any amount of money in the trust fund used to repay bonds or other obligations of the State or municipality pursuant to subsection 5 must proportionally reduce the amount transferred to an entity pursuant to subparagraph (1).

      (b) The interest and income earned on the money in the trust fund during the time it was in the trust fund must be distributed to an entity receiving a distribution pursuant to paragraph (a) in the proportion that the money distributed to the entity pursuant to that paragraph bears to the total money distributed pursuant to that paragraph.

      [5.]7.  If the Office approves a partial abatement of local sales and use taxes, the Office shall issue to the lead participant in the qualified project a document certifying the partial abatement which can be presented to retailers at the time of sale. The document must clearly state the rate of sales and use taxes which the purchaser is required to pay in the county in which the abatement is effective.

      Sec. 7.5. NRS 360.894 is hereby amended to read as follows:

      360.894  1.  The lead participant in a qualified project shall, upon the request of the Office of Economic Development, furnish the Office with copies of all records necessary to verify that the qualified project meets the eligibility requirements for any transferable tax credits issued pursuant to NRS 360.891 and the partial abatement of any taxes pursuant to NRS 360.893.

 


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ê2017 Statutes of Nevada, Page 3801 (Chapter 545, SB 442)ê

 

requirements for any transferable tax credits issued pursuant to NRS 360.891 and the partial abatement of any taxes pursuant to NRS 360.893.

      2.  The lead participant shall repay to the Department or the Nevada Gaming Control Board, as applicable, any portion of the transferable tax credits to which the lead participant is not entitled if:

      (a) The participants in the qualified project collectively fail to make the investment in this State necessary to support the determination by the Executive Director of the Office of Economic Development that the project is a qualified project;

      (b) The participants in the qualified project collectively fail to employ the number of qualified employees identified in the certificate of eligibility approved for the qualified project;

      (c) The lead participant submits any false statement, representation or certification in any document submitted for the purpose of obtaining transferable tax credits; or

      (d) The lead participant otherwise becomes ineligible for transferable tax credits after receiving the transferable tax credits pursuant to NRS 360.880 to 360.896, inclusive.

      3.  Transferable tax credits purchased in good faith are not subject to forfeiture unless the transferee submitted fraudulent information in connection with the purchase.

      4.  Notwithstanding any provision of this chapter or chapter 361 of NRS, if the lead participant in a qualified project for which a partial abatement has been approved pursuant to NRS 360.893 and is in effect:

      (a) Fails to meet the requirements for eligibility pursuant to that section; or

      (b) Ceases operation before the time specified in the agreement described in paragraph (e) of subsection [3] 4 of NRS 360.889,

Ê the lead participant shall repay to the Department or, if the partial abatement is from the property tax imposed by chapter 361 of NRS, to the appropriate county treasurer, the amount of the partial abatement that was allowed to the lead participant pursuant to NRS 360.893 before the failure of the lead participant to meet the requirements for eligibility. Except as otherwise provided in NRS 360.232 and 360.320, the lead participant shall, in addition to the amount of the partial abatement required to be repaid by the lead participant pursuant to this subsection, pay interest on the amount due from the lead participant 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.

      5.  The Secretary of State may, upon application by the Executive Director of the Office, revoke or suspend the state business registration of the lead participant in a qualified project which is required to repay any portion of transferable tax credits pursuant to subsection 2 or the amount of any partial abatement pursuant to subsection 4 and which the Office determines is not in compliance with the provisions of this section governing repayment. If the state business registration of the lead participant in a qualified project is suspended or revoked pursuant to this subsection, the Secretary of State shall provide written notice of the action to the lead participant. The Secretary of State shall not reinstate a state business registration suspended pursuant to this subsection or issue a new state business registration to the lead participant whose state business registration has been revoked pursuant to this subsection unless the Executive Director of the Office provides proof satisfactory to the Secretary of State that the lead participant is in compliance with the requirements of this section governing repayment.

 


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ê2017 Statutes of Nevada, Page 3802 (Chapter 545, SB 442)ê

 

lead participant whose state business registration has been revoked pursuant to this subsection unless the Executive Director of the Office provides proof satisfactory to the Secretary of State that the lead participant is in compliance with the requirements of this section governing repayment.

      Sec. 8. NRS 360.930 is hereby amended to read as follows:

      360.930  “Project” means a project undertaken by a business or group of businesses:

      1.  Located within the geographic boundaries of a single project site in this State; and

      2.  Engaged in a common business purpose or [business endeavor.] industry. A business or group of businesses must be deemed to be engaged in a common business purpose or industry if the business or group of businesses are in a supply chain related to the common business purpose or industry or provide components or services related to the common business purpose or industry.

      Sec. 9. NRS 360.945 is hereby amended to read as follows:

      360.945  1.  On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

      (a) A certificate of eligibility for transferable tax credits which may be applied to:

             (1) Any tax imposed by chapters 363A and 363B of NRS;

             (2) The gaming license fees imposed by the provisions of NRS 463.370;

             (3) Any tax imposed by chapter 680B of NRS; or

             (4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

      (b) An abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

      2.  For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

      (a) Submit an application that meets the requirements of subsection 3;

      (b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;

      (c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $3.5 billion in this State within the 10-year period immediately following approval of the application;

      (d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or [business endeavor;] industry;

      (e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site;

      (f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

 


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ê2017 Statutes of Nevada, Page 3803 (Chapter 545, SB 442)ê

 

      (g) Provide documentation satisfactory to the Office of the number of employees engaged [or anticipated to be engaged] in the construction of the project;

      (h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

      (i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

      (j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;

      (k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged [or anticipated to be engaged] in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;

      (l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

             (1) Shows the amount of money invested in this State by each participant in the project;

             (2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

             (3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

             (4) Is certified by an independent certified public accountant in this State who is approved by the Office;

      (m) Pay the cost of the audit required by paragraph (l); [and]

      (n) Enter into an agreement with governing body of the city or county in which the qualified project is located that:

             (1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990; and

             (2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds of the State of Nevada issued pursuant to NRS 360.991; and

      (o) Meet any other requirements prescribed by the Office.

      3.  An application submitted pursuant to subsection 2 must include:

      (a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

      (b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site;

 


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ê2017 Statutes of Nevada, Page 3804 (Chapter 545, SB 442)ê

 

      (c) The name and business address of each participant in the project, which must be an address in this State;

      (d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $3.5 billion in this State in the 10-year period immediately following approval of the application;

      (e) If the application includes one or more abatements, an agreement executed by the Office with the lead participant in the project which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States that the project will, after the date on which a certificate of eligibility for the abatement is approved pursuant to NRS 360.965, continue in operation in this State for a period specified by the Office; and

             (3) Binds successors in interest of the lead participant for the specified period; and

      (f) Any other information required by the Office.

      4.  For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

      (a) A copy of the current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

      (c) Proof that the employee is employed full-time and scheduled to work for an average minimum of 30 hours per week; and

      (d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

      5.  For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      6.  The Executive Director of the Office shall make available to the public and post on the Internet website for the Office:

      (a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

      (b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

      7.  The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.

      8.  The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.

 


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ê2017 Statutes of Nevada, Page 3805 (Chapter 545, SB 442)ê

 

Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.

      Sec. 9.5. NRS 360.990 is hereby amended to read as follows:

      360.990  1.  Upon receipt of an economic development financing proposal, the Office shall:

      (a) Request from the State Treasurer a determination of the capacity available under the State’s debt limit; and

      (b) In consultation with any person or entity the Office determines is appropriate, review the proposal. The Office may request any additional information from the governing body as it determines is necessary to evaluate the proposal.

      2.  Except as otherwise provided in paragraph (c) of subsection 3, the Office shall approve, approve and modify, or reject any economic development financing proposal within 45 days after receiving the completed proposal.

      3.  The Executive Director of the Office may approve an economic development financing proposal only if:

      (a) The proposal includes such provisions as the Executive Director of the Office determines are necessary to ensure that:

             (1) The Office will enter into one or more agreements with the local government pursuant to which the Office will administer any districts or areas which are or may be created for the purpose of carrying out the infrastructure projects identified in the proposal, including, without limitation, any district or area created pursuant to chapters 271, 271A and 278C of NRS;

             (2) The proceeds of any bonds, securities or other indebtedness issued pursuant to NRS 360.991 will be allocated to the Office for the purpose of providing financing for the infrastructure projects identified in the proposal;

             (3) The revenues from any districts or areas created for the purpose of financing the infrastructure projects identified in the proposal will be pledged for the repayment of any bonds, securities or other indebtedness issued pursuant to NRS 360.991; and

             (4) Notwithstanding any other provision of law, if the revenues from any districts or areas created for the purpose of financing the infrastructure projects identified in the proposal which are pledged for the repayment of the general obligation bonds of the State issued pursuant to NRS 360.991 are insufficient to pay any sums coming due on the bonds, before such sums are paid from the State General Fund, the local government that created the districts or areas shall promptly pay such sums to the extent of the money available in the uncommitted balance of the general fund of the local government. If the money available in the uncommitted balance of the general fund of the local government is insufficient to pay the sums coming due on the bonds [,] and if, pursuant to subsection 4 of NRS 360.893, the Executive Director of the Office of Economic Development required the lead participant to pay money into a trust fund in the State Treasury, the money in the trust fund, including any interest and income earned on the money during the time it was in the trust fund, must be used to pay sums coming due on the bonds. If the amount of money in the trust fund is insufficient to pay the sums coming due on the bonds, the remainder of such sums must be paid in accordance with the State Securities Law. The payment of any sums by a local government pursuant to this subparagraph is not secured by a pledge of the taxing power of the local government.

 


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ê2017 Statutes of Nevada, Page 3806 (Chapter 545, SB 442)ê

 

payment of any sums by a local government pursuant to this subparagraph is not secured by a pledge of the taxing power of the local government. For the purposes of this subparagraph the uncommitted balance of the general fund of a local government is the uncommitted balance as determined by the Department of Taxation.

      (b) The Executive Director of the Office makes a finding, which shall be conclusive, that the revenues pledged as provided in subparagraph (3) of paragraph (a) will be sufficient, together with any capitalized interest, to fully repay any bonds, securities or other indebtedness issued pursuant to NRS 360.991.

      (c) For a proposal submitted on or after July 1, 2017, the Office submits the proposal to and obtains the approval of the Legislature or the Interim Finance Committee if the Legislature is not in session.

      4.  In addition to the agreements described in subparagraph (1) of paragraph (a) of subsection 3, the Office may enter into one or more cooperative agreements with any state or local agency which the Office determines is necessary to carry out an economic development financing proposal approved pursuant to this section.

      5.  If the Office approves an economic development financing proposal, the Office shall provide notice and a copy of the decision approving the proposal to the governing body of the local government and the State Board of Finance.

      Sec. 10. NRS 360.991 is hereby amended to read as follows:

      360.991  1.  As soon as practicable after receiving notice from the Office that it has approved an economic development financing agreement, the State Board of Finance shall issue general obligation bonds of the State of Nevada to finance the infrastructure projects identified in the economic development financing agreement. The provisions of the State Securities Law contained in chapter 349 of NRS apply to the issuance of bonds pursuant to this section. The State Board of Finance shall issue the bonds in the amount set forth in the economic development financing agreement but shall not issue bonds in an amount that exceeds $175,000,000 for each economic development financing agreement or have outstanding at any time bonds issued pursuant to this section in an amount that exceeds $200,000,000. Before any bonds may be issued pursuant to this section, the lead participant in the qualified project must provide adequate security that the lead participant will carry out the qualified project. The security may consist of one or more performance bonds or similar documents, actual expenditures on the qualified project, commitments to make such expenditures, a lien for special assessments pursuant to chapter 271 of NRS or other security deemed appropriate by the Executive Director of the Office [.] in consultation with the Office of the State Treasurer. A commitment to make an expenditure may be conditioned upon the issuance of bonds pursuant to this section but may not be subject to any other conditions.

      2.  The proceeds of any bonds issued pursuant to subsection 1 must be allocated to the Office in the manner prescribed by the economic development financing agreement.

      Sec. 11. NRS 361.0687 is hereby amended to read as follows:

      361.0687  1.  A person who intends to locate or expand a business in this State may, pursuant to NRS 360.750, apply to the Office of Economic Development for a partial abatement from the taxes imposed by this chapter.

 


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      2.  For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the Office of Economic Development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:

      (a) [If] Except as otherwise provided in paragraph (b), 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 [:

             (1) The] , the business will, not later than the date which is 2 years after the date on which the abatement becomes effective, make a capital investment in the county or city of:

                   [(I)](1) At least [$50,000,000] $5,000,000 if the business is an industrial or manufacturing business; or

                   [(II)](2) At least [$5,000,000] $1,000,000 if the business is not an industrial or manufacturing business,

Ê in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective . [; and

             (2) 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.]

      (b) If the business is a new business in a county whose population is less than 100,000 , in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000 [:

             (1) The] , the business will, not later than the date which is 2 years after the date on which the abatement becomes effective, make a capital investment in the county or city of:

                   [(I)](1) At least [$5,000,000] $1,000,000 if the business is an industrial or manufacturing business; or

                   [(II)](2) At least [$500,000] $250,000 if the business is not an industrial or manufacturing business,

Ê in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective . [; and

             (2) 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.]

      3.  Except as otherwise provided in NRS 701A.210, if a partial abatement from the taxes imposed by this chapter is approved by the Office of Economic Development pursuant to NRS 360.750:

      (a) The partial abatement must:

             (1) Be for a duration of at least 1 year but not more than 10 years;

             (2) Subject to any limitation on the abatement set forth in NRS 360.750, not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and

 


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             (3) Be administered and carried out in the manner set forth in NRS 360.750.

      (b) The Executive Director of the Office of Economic Development shall notify the county assessor of the county in which the business is or will be located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the Office granted. The Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.

      Sec. 12. Chapter 271 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Rail project” means any railroad, railroad tracks, rail spurs and any structures or facilities necessary for freight rail service provided by a regional transportation commission pursuant to NRS 277A.283, including, without limitation, equipment, terminals, stations, platforms and other facilities necessary, useful or desirable for such a project and all property, easements, rights-of-way and other rights or interests incidental to the project.

      Sec. 13. NRS 271.030 is hereby amended to read as follows:

      271.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.253, inclusive, and section 12 of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 271.265 is hereby amended to read as follows:

      271.265  1.  The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) A curb and gutter project;

      (b) A drainage project;

      (c) An energy efficiency improvement project;

      (d) A neighborhood improvement project;

      (e) An off-street parking project;

      (f) An overpass project;

      (g) A park project;

      (h) A public safety project;

      (i) A renewable energy project;

      (j) A sanitary sewer project;

      (k) A security wall;

      (l) A sidewalk project;

      (m) A storm sewer project;

      (n) A street project;

      (o) A street beautification project;

      (p) A transportation project;

      (q) An underpass project;

      (r) A water project;

      (s) A waterfront project; and

      (t) Any combination of such projects.

      2.  In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

 


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election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An electrical project;

      (b) A telephone project;

      (c) A combination of an electrical project and a telephone project;

      (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

      (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

      3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

      4.  In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An art project; and

      (b) A tourism and entertainment project.

      5.  In addition to the power specified in this section, if a qualified project is located within the jurisdiction of the municipality, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality, an electrical project for the qualified project , [or] a fire protection project for the qualified project [.] or a rail project for the qualified project.

      6.  As used in this section, “qualified project” has the meaning ascribed to it in NRS 360.888 or 360.940.

      Sec. 14.5. NRS 271.635 is hereby amended to read as follows:

      271.635  1.  Notwithstanding any provision of this chapter to the contrary, if the governing body submits to the Office of Economic Development an economic development financing proposal described in NRS 360.989 and the Office approves the proposal and an economic development financing agreement pursuant to NRS 360.990, any improvement district which is or may be created for the purpose of carrying out the projects identified in the proposal must be administered as provided in the agreement.

      2.  The economic development financing agreement may provide, without limitation, that:

      (a) The Office of Economic Development, the Executive Director of the Office or any designee of either is authorized or required to perform any function or duty that under the provisions of this chapter would otherwise be performed by the municipality, the governing body or any officer or employee of the municipality.

 


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      (b) Any assessments or other money collected pursuant to this chapter must be paid, collected, deposited, distributed or remitted as provided in the agreement, notwithstanding any provision of this chapter to the contrary.

      (c) It may be modified at any time by the Executive Director of the Office of Economic Development, in the exercise of his or her discretion and upon approval of the Board of Economic Development.

      3.  Notwithstanding any other provision of law, if an improvement district is administered pursuant to an economic development financing agreement and any assessment, or installment thereof, required to be paid pursuant to this chapter is delinquent, any money collected to enforce the assessment, or installment thereof, including, without limitation, the proceeds of a sale of property to collect or enforce the assessment, or installment thereof, must, before being deposited, distributed or remitted for any other purpose, be used to repay any amounts paid pursuant to subsection 5 of NRS 360.893 from the trust fund established pursuant to subsection 4 of that section.

      Sec. 14.7. NRS 271B.070 is hereby amended to read as follows:

      271B.070  1.  Except as otherwise provided in this section, if a qualified project is located within the jurisdiction of a municipality, the governing body of the municipality may:

      (a) Create an economic diversification district for the purposes of carrying out this chapter by adopting an ordinance describing the boundaries of the district, which must be the geographic boundaries of the qualified project, and generally describing the purposes within the district for which money pledged pursuant to this chapter may be used; and

      (b) For the purposes of carrying out paragraph (a), include in an ordinance adopted pursuant to that paragraph the pledge of an amount equal to the proceeds of all sales and use taxes imposed on or owed by each participant in the qualified project with regard to tangible personal property purchased in the municipality for use in the district, or stored, used or otherwise consumed in the district by the participant, during a fiscal year other than the amount of any local sales and use taxes for which the lead participant has received an abatement pursuant to an application approved by the Office of Economic Development pursuant to NRS 360.950.

      2.  The governing body of a municipality may not include in an ordinance adopted to create a district pursuant to paragraph (a) of subsection 1 on or after September 11, 2014, the pledge of any proceeds of the taxes imposed pursuant to NRS 374.110 or 374.111 and NRS 374.190 or 374.191 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, if the governing body obtains an opinion from independent bond counsel stating that the applicability of this provision would impair an existing contract for the sale of bonds which were issued before September 11, 2014.

      3.  If:

      (a) The qualified project is a qualified project described in NRS 360.888;

      (b) The governing body of the municipality includes in the ordinance adopted pursuant to paragraph (a) of subsection 1 a pledge of money pursuant to paragraph (b) of subsection 1; and

      (c) The Executive Director of the Office of Economic Development has required the lead participant to make payments to a trust fund in the State Treasury pursuant to subsection [3] 4 of NRS 360.893,

 


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Ê the governing body must include in the ordinance a provision providing that the pledge of that money is conditioned upon the lead participant qualifying for a return of the money paid into the trust fund pursuant to subsection [4] 6 of NRS 360.893.

      4.  A district created pursuant to this section by:

      (a) A city must be located entirely within the boundaries of that city.

      (b) A county must be located entirely within the boundaries of that county and, when the district is created, entirely outside of the boundaries of any city.

      Sec. 14.9. NRS 271B.080 is hereby amended to read as follows:

      271B.080  1.  After the adoption of an ordinance pursuant to NRS 271B.070:

      (a) The governing body of the municipality and the Department of Taxation shall enter into an agreement specifying the dates and procedure for distribution to the municipality of any money pledged pursuant to NRS 271B.070.

      (b) If the qualified project is a qualified project described in NRS 360.888 and the Executive Director of the Office of Economic Development has required the lead participant to make payments to a trust fund in the State Treasury pursuant to subsection [3] 4 of NRS 360.893, the Department of Taxation shall deposit in that trust fund the proceeds of any taxes conditionally pledged pursuant to subsection 3 of NRS 271B.070 until:

             (1) The lead participant qualifies for a return of the money paid into the trust fund pursuant to subsection [4] 6 of NRS 360.893, in which case the taxes conditionally pledged, including any interest and income earned on those taxes, must be distributed pursuant to the agreement described in paragraph (a); or

             (2) The Executive Director determines that the requirements for the partial abatement set forth in NRS 360.893 have not been met, in which case any taxes conditionally pledged and deposited in the trust fund must be transferred to the entity that would have received those taxes if the taxes had not been conditionally pledged, as determined by the Department of Taxation. The interest and income earned on those taxes during the time the taxes were in the trust fund must be distributed to an entity receiving a distribution pursuant to this subparagraph in the proportion that the taxes distributed to the entity pursuant to this subparagraph bears to the total taxes distributed pursuant to this subparagraph.

      2.  If the qualified project is a qualified project described in NRS 360.940, the distributions pursuant to the agreement described in paragraph (a) of subsection 1 must:

      (a) Be made not less frequently than monthly; and

      (b) Cease at the end of the fiscal year in which the 20th anniversary of the adoption of the ordinance creating the district occurs.

      3.  If the qualified project is a qualified project described in NRS 360.888, the distributions pursuant to the agreement described in paragraph (a) of subsection 1 must:

      (a) Be made not less frequently than monthly;

      (b) Cease at the end of the fiscal year in which the 15th anniversary of the adoption of the ordinance creating the district occurs; and

      (c) If the Executive Director of the Office of Economic Development has required the lead participant to make payments to a trust fund in the State Treasury pursuant to subsection [3] 4 of NRS 360.893, not commence until the lead participant qualifies for a return of the money paid into the trust fund pursuant to subsection [4] 6 of NRS 360.893.

 


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ê2017 Statutes of Nevada, Page 3812 (Chapter 545, SB 442)ê

 

the lead participant qualifies for a return of the money paid into the trust fund pursuant to subsection [4] 6 of NRS 360.893.

      Sec. 15. Chapter 278C of NRS is hereby amended by adding thereto a new section to read as follows:

      “Bond requirements” means the principal of, any prior redemption premiums due in connection with and the interest on, or other amounts due in connection with, the designated bonds or other securities, advances, loans or indebtedness.

      Sec. 16. NRS 278C.105 is hereby amended to read as follows:

      278C.105  “Rail project” means any railroad, railroad tracks, rail spurs and any structures or facilities necessary for [a] freight rail [port, and all appurtenances and incidentals, or any combination thereof, including real and other property therefor.] service provided by a regional transportation commission pursuant to NRS 277A.283, including, without limitation, equipment, terminals, stations, platforms and other facilities necessary, useful or desirable for such a project and all property, easements, rights-of-way and other rights or interests incidental to the project.

      Sec. 17. NRS 278C.150 is hereby amended to read as follows:

      278C.150  1.  Except as otherwise provided in subsections 2, 3 and 4, the governing body of a municipality, on the behalf and in the name of the municipality, may designate a tax increment area comprising any specially benefited zone within the municipality designated for the purpose of creating a special account for the payment of bonds or securities issued or loans, money advanced or indebtedness incurred to defray the cost of an undertaking, including, without limitation, the condemnation of property for an undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter. The governing body of a municipality, on behalf and in the name of the municipality, may enter into a contract with any property owner in a tax increment area agreeing to pay tax increment revenues from the tax increment account created by NRS 278C.250 to such property owner for costs incurred by such owner in connection with an undertaking. Such a contract constitutes an indebtedness of the municipality for the purposes of this chapter but is not a security for the purposes of NRS 278C.280.

      2.  The right-of-way property of a railroad company that is under the jurisdiction of the Surface Transportation Board must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body and the railroad company.

      3.  A tax increment area may not include a property that is, at the time the boundaries of the tax increment area are created, included within a redevelopment area previously established pursuant to the laws of this State.

      4.  The taxable property of a tax increment area must not be included in any subsequently created tax increment area until at least 50 years after the effective date of creation of the first tax increment area in which the property was included.

      Sec. 18. NRS 278C.157 is hereby amended to read as follows:

      278C.157  1.  A municipality may adopt an ordinance ordering an undertaking and creating the tax increment area and the tax increment account pertaining thereto pursuant to NRS 278C.220 which includes provisions for:

 


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      (a) The allocation of the proceeds of any tax on the sale or use of tangible personal property to the tax increment account of the proposed tax increment area pursuant to paragraph (b) of subsection 1 of NRS 278C.250;

      (b) The allocation of the proceeds of any tax imposed pursuant to NRS 363A.130 and 363B.110 to the tax increment account of the proposed tax increment area pursuant to paragraph (c) of subsection 1 of NRS 278C.250; [or]

      (c) The issuance of municipal securities and revenue securities described in paragraph (f) of subsection 1 of NRS 278C.280 [,] ; or

      (d) Making a contract with any property owner in a tax increment area agreeing to pay tax increment revenues from the tax increment account created by NRS 278C.250 to the property owner to reimburse the owner for costs incurred by the owner in connection with an undertaking, which contract constitutes an indebtedness of the municipality for the purposes of this chapter but is not a security for the purposes of NRS 278C.280,

Ê only for an undertaking that is a rail project in relation to a qualified project or a natural resources project, and only after approval by the Interim Finance Committee of a written request submitted by the municipality.

      2.  The Interim Finance Committee may approve a request submitted pursuant to this section only if the Interim Finance Committee determines that approval of the request:

      (a) Will not impede the ability of the Legislature to carry out its duty to provide for an annual tax sufficient to defray the estimated expenses of the State for each fiscal year as set forth in Article 9, Section 2 of the Nevada Constitution; and

      (b) Will not threaten the protection and preservation of the property and natural resources of the State of Nevada.

      3.  A request submitted pursuant to this section must include any information required by the Interim Finance Committee.

      4.  As used in this section, “qualified project” has the meaning ascribed to it in NRS 360.888 or 360.940.

      Sec. 19. (Deleted by amendment.)

      Sec. 20. NRS 278C.270 is hereby amended to read as follows:

      278C.270  The Federal Government, the State, any public body or any [natural] person filing a written complaint, protest or objection in the manner and within the time provided in NRS 278C.170, may, within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution pursuant to NRS 278C.210 or by ordinance pursuant to NRS 278C.220, commence an action or suit in a court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits attacking the validity of the proceedings are perpetually barred.

      Sec. 21. NRS 350A.070 is hereby amended to read as follows:

      350A.070  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds validly issued as obligations for a purpose related to natural resources which are payable:

      1.  From taxes whether or not additionally secured by any municipal revenues available therefor;

      2.  For bonds issued by an irrigation district, from assessments against real property;

      3.  For bonds issued by a water authority organized as a political subdivision created by cooperative agreement, from revenues of the water system of the water authority or one or more of the water purveyors who are members of the water authority or any combination thereof;

 


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system of the water authority or one or more of the water purveyors who are members of the water authority or any combination thereof;

      4.  For bonds issued by a wastewater authority, from revenues of the water reclamation system of the wastewater authority or one or more of the municipalities that are members of the wastewater authority, or any combination thereof;

      5.  For bonds issued by a flood management authority, from revenues of the flood management authority or one or more of the municipalities that are members of the flood management authority, or any combination thereof; or

      6.  For assessment bonds issued by a municipality under chapter 271 of NRS [.] from assessments against real property.

      Sec. 22. NRS 701A.365 is hereby amended to read as follows:

      701A.365  1.  The Director, in consultation with the Office of Economic Development, shall approve an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, if the Director, in consultation with the Office of Economic Development, makes the following determinations:

      (a) The applicant has executed an agreement with the Director which must:

             (1) State that the facility will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Director, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and

             (2) Bind the successors in interest in the facility for the specified period.

      (b) The facility 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 facility operates.

      (c) No funding is or will be provided by any governmental entity in this State for the acquisition, design or construction of the facility or for the acquisition of any land therefor, except any private activity bonds as defined in 26 U.S.C. § 141.

      (d) [If] Except as otherwise provided in paragraph (e), if the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:

             (1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 50 percent who are residents of Nevada;

             (2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State in capital assets that will be retained at the location of the facility until at least the date which is 5 years after the date on which the abatement becomes effective;

             (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

             (4) Except as otherwise provided in subsection 6, the average hourly wage of the employees working on the construction of the facility will be at least 175 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

 


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management and administrative employees, 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 employees working on the construction of the facility must be provided a health insurance plan that is provided by a third-party administrator and includes health insurance coverage for dependents of the employees; and

                   (II)The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.

      (e) If the facility will be located in a county whose population is less than 100,000 , in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the facility meets the following requirements:

             (1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 50 percent who are residents of Nevada;

             (2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State in capital assets that will be retained at the location of the facility until at least the date which is 5 years after the date on which the abatement becomes effective;

             (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

             (4) Except as otherwise provided in subsection 6, the average hourly wage of the employees working on the construction of the facility will be at least 175 percent of the average statewide hourly wage, excluding management and administrative employees, 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 employees working on the construction of the facility must be provided a health insurance plan that is provided by a third-party administrator and includes health insurance coverage for dependents of the employees; and

                   (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.

      (f) The financial benefits that will result to this State from the employment by the facility of the residents of this State and from capital investments by the facility in this State will exceed the loss of tax revenue that will result from the abatement.

      (g) The facility is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.

 


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      2.  The Director shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to NRS 701A.360 by a facility for the generation of process heat from solar renewable energy or a wholesale facility for the generation of electricity from renewable energy unless the application is approved or deemed approved pursuant to this subsection. The board of county commissioners of a county must provide notice to the Director that the board intends to consider an application and, if such notice is given, must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners:

      (a) Shall, in considering an application pursuant to this subsection, make a recommendation to the Director regarding the application;

      (b) May, in considering an application pursuant to this subsection, deny an application only if the board of county commissioners determines, based on relevant information, that:

             (1) The projected cost of the services that the local government is required to provide to the facility will exceed the amount of tax revenue that the local government is projected to receive as a result of the abatement; or

             (2) The projected financial benefits that will result to the county from the employment by the facility of the residents of this State and from capital investments by the facility in the county will not exceed the projected loss of tax revenue that will result from the abatement;

      (c) Must not condition the approval of the application on a requirement that the facility agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility; and

      (d) May, without regard to whether the board has provided notice to the Director of its intent to consider the application, make a recommendation to the Director regarding the application.

Ê If the board of county commissioners does not approve or deny the application within 30 days after the board receives from the Director a copy of the application, the application shall be deemed approved.

      3.  Notwithstanding the provisions of subsection 1, the Director, in consultation with the Office of Economic Development, may, if the Director, in consultation with the Office, determines that such action is necessary:

      (a) Approve an application for a partial abatement for a facility that does not meet [the requirements] any requirement set forth in subparagraph (1) or (2) of paragraph (d) or subparagraph (1) or (2) of paragraph (e) of subsection 1; or

      (b) Add additional requirements that a facility must meet to qualify for a partial abatement.

      4.  The Director shall cooperate with the Office of Economic Development in carrying out the provisions of this section.

      5.  The Director shall submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial abatements granted pursuant to this section.

      6.  The provisions of subparagraph (4) of paragraph (d) of subsection 1 and subparagraph (4) of paragraph (e) of subsection 1 concerning the average hourly wage of the employees working on the construction of a facility do not apply to the wages of an apprentice as that term is defined in NRS 610.010.

 


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      7.  As used in this section, “wage” or “wages” has the meaning ascribed to it in NRS 338.010.

      Sec. 23.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 24.  The amendatory provisions of this act do not apply to or otherwise affect any abatement of taxes or deferment of the payment of taxes approved by the Office of Economic Development or the Director of the Office of Energy before July 1, 2017.

      Sec. 25.  1.  This act becomes effective on July 1, 2017.

      2.  Section 2 of this act expires by limitation on June 30, 2023.

      3.  Sections 5, 5.5, 6, 7, 7.5, 14.7 and 14.9 of this act expire by limitation on June 30, 2032.

      4.  Section 3 of this act expires by limitation on June 30, 2035.

      5.  Sections 8 and 9 of this act expire by limitation on June 30, 2036.

      6.  Section 22 of this act expires by limitation on June 30, 2049.

      7.  Section 4 expires by limitation on December 31, 2056.

________

CHAPTER 546, SB 492

Senate Bill No. 492–Committee on Legislative Operations and Elections

 

CHAPTER 546

 

[Approved: June 12, 2017]

 

AN ACT relating to elections; requiring, under certain circumstances, county and city clerks to establish polling places within the boundaries of Indian reservations and Indian colonies; authorizing voting materials to be provided in certain languages; authorizing a voter to sign a signature card rather than a roster; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1 and 15.51 of this bill require, under certain circumstances, county and city clerks, respectively, to establish at least one polling place for the day of a primary election, general election, primary city election or general city election, as applicable, within the boundaries of an Indian reservation or Indian colony at a location or locations approved by the Indian tribe.

      Existing law generally requires a voter to sign his or her name in a roster when the voter applies to vote in person. (NRS 293.277, 293.285, 293C.270, 293C.275) Sections 9, 9.5, 10, 11.8, 11.9, 15, 15.53, 15.54, 15.55, 15.85 and 15.9 of this bill allow a person to sign a signature card rather than a roster.

      Existing law requires voting materials to be provided in English and any other languages necessary to be in compliance with federal law. (NRS 293.2699) Section 8.5 of this bill authorizes the county or city clerk to provide voting materials in additional languages if the clerk determines that there is significant and substantial need for such.

      Existing law authorizes a county or city clerk to establish permanent polling places for early voting by personal appearance. (NRS 293.3564, 293C.3564) Sections 11.4 and 15.6 of this bill require a county or city clerk to establish at least one permanent polling place for early voting. Sections 11.6 and 15.8 of this bill require, under certain circumstances, a county or city clerk to establish at least one temporary polling place for early voting within the boundaries of an Indian reservation or Indian colony.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary election or general election.

      2.  A request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election:

      (a) Must be submitted to the county clerk by the Indian tribe on or before:

             (1) If the request is for a primary election, the first Friday in January of the year in which the primary election is to be held.

             (2) If the request is for a general election, the first Friday in July of the year in which the general election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place. Any proposed location must satisfy the criteria the county clerk uses for the establishment of any other polling place.

      3.  Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 2, the county clerk must establish at least one polling place within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary election or general election. The county clerk is not required to establish a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election if the county clerk established a temporary branch polling place for early voting pursuant to NRS 293.3572 within the boundaries of the Indian reservation or Indian colony for the same election.

      Secs. 2-8.  (Deleted by amendment.)

      Sec. 8.5. NRS 293.2699 is hereby amended to read as follows:

      293.2699  1.  Each voting system used by a county or city shall provide voting materials in :

      (a) English [and other languages] ; and

      (b) Every language in which voting materials are required to be prepared in [compliance with the provisions of 42 U.S.C. § 1973aa-1a.] the county or city pursuant to 52 U.S.C. § 10503.

      2.  In addition to the requirements set forth in subsection 1, if a county clerk or city clerk determines that there is a significant and substantial need for voting materials of the county or city, as applicable, to be provided in the language or languages of a minority group, the county clerk or city clerk may prepare voting materials in such language or languages. For the purposes of this subsection, there is a significant and substantial need for voting materials to be provided in the language or languages of a minority group if, without limitation, the minority group has been subject to historical discrimination and unequal educational opportunities, and, as a result, members of the minority group are of limited-English proficiency.

 


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historical discrimination and unequal educational opportunities, and, as a result, members of the minority group are of limited-English proficiency.

      3.  As used in this section [, the term “voting] :

      (a) “Limited-English proficiency” means being unable to speak or understand English adequately to participate in the electoral process.

      (b) “Minority group” includes, without limitation, United States citizens of Chinese heritage.

      (c) “Voting materials” has the meaning ascribed to it in [42] 52 U.S.C. § [1973aa-1a.] 10503.

      Sec. 9. NRS 293.277 is hereby amended to read as follows:

      293.277  1.  Except as otherwise provided in NRS 293.283 and 293.541, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  Except as otherwise provided in NRS 293.2725, the forms of identification which may be used individually to identify a voter at the polling place are:

      (a) The card issued to the voter at the time he or she registered to vote;

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.

      Sec. 9.5. NRS 293.283 is hereby amended to read as follows:

      293.283  1.  If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293.277, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote.

      2.  If the identity of the voter is verified, the election board officer shall indicate in the roster “Identified” by the voter’s name.

      Sec. 10. NRS 293.285 is hereby amended to read as follows:

      293.285  1.  Except as otherwise provided in NRS 293.283, a registered voter applying to vote shall state his or her name to the election board officer in charge of the roster, and the officer shall immediately announce the name, instruct the voter to sign the roster [and] or signature card, verify the signature of the voter in the manner set forth in NRS 293.277.

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

 


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      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Secs. 11 and 11.2. (Deleted by amendment.)

      Sec. 11.4. NRS 293.3564 is hereby amended to read as follows:

      293.3564  1.  [The] Each county clerk [may] shall establish at least one permanent polling [places] place for early voting by personal appearance in the county . [at the locations selected pursuant to NRS 293.3561.

      2.  Except as otherwise provided in subsection 3, any]

      2.  Any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      [3.  If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, the county clerk may:

      (a) Provide appropriate forms of ballots for all offices within a township, city, town or county commissioner election district, as determined by the county clerk; and

      (b) Limit voting at that polling place to registered voters in that township, city, town or county commissioner election district.]

      Sec. 11.6.NRS 293.3572 is hereby amended to read as follows:

      293.3572  1.  In addition to permanent polling places for early voting, except as otherwise provided in subsection 3, the county clerk may establish temporary branch polling places for early voting which may include, without limitation, the clerk’s office pursuant to NRS 293.3561.

      2.  If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony.

      3.  A request for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony:

      (a) Must be submitted to the county clerk by the Indian tribe on or before:

             (1) If the request is for a primary election, the first Friday in January of the year in which the general election is to be held.

             (2) If the request is for a general election, the first Friday in July of the year in which the general election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours of operation thereof. Any proposed location must satisfy the criteria established by the county clerk for the selection of temporary branch polling places pursuant to NRS 293.3561.

      4.  Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 3, the county clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The county clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the county clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

 


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within the boundaries of the Indian reservation or Indian colony if the county clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      5.  The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.

      [3.]6.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      [4.]7.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Sec. 11.8. NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Except as otherwise provided in NRS 293.283, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting [.] or a signature card.

      (c) Verify the signature of the voter in the manner set forth in NRS 293.277.

      (d) Verify that the voter has not already voted in the current election pursuant to this section.

      2.  If the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in the current election pursuant to this section.

      5.  The roster for early voting or a signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

 


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      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 11.9. NRS 293.3604 is hereby amended to read as follows:

      293.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:

      1.  At the close of each voting day, the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (3) The number of ballots voted on the mechanical recording device for that day; [and]

             (4) The number of signatures in the roster for early voting for that day [.] ; and

             (5) The number of signatures on signature cards for the day.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293.3594; and

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293.3594.

      2.  At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) The voting rosters used for early voting;

      (c) The signature cards used for early voting;

      (d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      [(d)](e) Any other items as determined by the county clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Indicate the number of ballots on an official statement of ballots; and

      (b) Place the storage devices in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the storage devices to the central counting place.

      Secs. 12-15.5. (Deleted by amendment.)

      Sec. 15.51. Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election.

 


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      2.  A request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary city election or general city election:

      (a) Must be submitted to the city clerk by the Indian tribe on or before:

             (1) If the request is for a primary city election that is held:

                   (I) On the dates set forth for primary elections pursuant to the provisions of chapter 293 of NRS, the first Friday in January of the year in which the primary city election is to be held.

                   (II) On the dates set forth for primary city elections pursuant to the provisions of this chapter, the first Friday in December of the year immediately preceding the year in which the primary city election is to be held.

             (2) If the request is for a general city election that is held:

                   (I) On the dates set forth for general elections pursuant to the provisions of chapter 293 of NRS, the first Friday in July of the year in which the general city election is to be held.

                   (II) On the dates set forth for general city elections pursuant to the provisions of this chapter, the first Friday in January of the year in which the general city election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place. Any proposed location for a polling place must satisfy the criteria the city clerk uses for the establishment of any other polling place.

      3.  Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 2, the city clerk must establish at least one polling place within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary city election or general city election. The city clerk is not required to establish a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election if the city clerk established a temporary branch polling place for early voting pursuant to NRS 293C.3572 within the boundaries of the Indian reservation or Indian colony for the same election.

      Sec. 15.52. NRS 293C.112 is hereby amended to read as follows:

      293C.112  1.  The governing body of a city may conduct a city election in which all ballots must be cast by mail if:

      (a) The election is a special election; or

      (b) The election is a primary city election or general city election in which the ballot includes only:

             (1) Offices and ballot questions that may be voted on by the registered voters of only one ward; or

             (2) One office or ballot question.

      2.  The provisions of NRS 293C.265 to 293C.302, inclusive, and section 15.51 of this act, 293C.305 to 293C.340, inclusive, and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.

      3.  For the purposes of an election conducted pursuant to this section, each precinct in the city shall be deemed to have been designated a mailing precinct pursuant to NRS 293C.342.

 


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      Sec. 15.53. NRS 293C.270 is hereby amended to read as follows:

      293C.270  1.  Except as otherwise provided in NRS 293C.272, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  The forms of identification that may be used to identify a voter at the polling place are:

      (a) The card issued to the voter at the time he or she registered to vote;

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

      Sec. 15.54. NRS 293C.272 is hereby amended to read as follows:

      293C.272  1.  If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293C.270, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote.

      2.  If the identity of the voter is verified, the election board officer shall indicate in the roster “Identified” by the voter’s name.

      Sec. 15.55. NRS 293C.275 is hereby amended to read as follows:

      293C.275  1.  Except as otherwise provided in NRS 293C.272, a registered voter who applies to vote must state his or her name to the election board officer in charge of the roster, and the officer shall immediately announce the name, instruct the voter to sign the roster or signature card and verify the signature of the voter in the manner set forth in NRS 293C.270.

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Sec. 15.6. NRS 293C.3564 is hereby amended to read as follows:

      293C.3564  1.  The city clerk [may] in a city providing for early voting pursuant to subparagraph (1) of paragraph (b) of subsection 2 of NRS 293C.110 shall establish at least one permanent polling [places] place for early voting by personal appearance in the city at the locations selected pursuant to NRS 293C.3561.

 


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      2.  Any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      Sec. 15.8.NRS 293C.3572 is hereby amended to read as follows:

      293C.3572  1.  In addition to permanent polling places for early voting, except as otherwise provided in subsection 3, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561.

      2.  If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      3.  A request for the establishment of a temporary branch polling place within the boundaries of an Indian reservation or Indian colony:

      (a) Must be submitted to the city clerk by the Indian tribe on or before:

             (1) If the request is for a primary city election that is held:

                   (I) On the dates set forth for primary elections pursuant to the provisions of chapter 293 of NRS, the first Friday in January of the year in which the primary city election is to be held.

                   (II) On the dates set forth for primary city elections pursuant to the provisions of this chapter, the first Friday in December of the year immediately preceding the year in which the primary city election is to be held.

             (2) If the request is for a general city election that is held:

                   (I) On the dates set forth for general elections pursuant to the provisions of chapter 293 of NRS, the first Friday in July of the year in which the general city election is to be held.

                   (II) On the dates set forth for general city elections pursuant to the provisions of this chapter, the first Friday in January of the year in which the general city election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours thereof. Any proposed location must satisfy the criteria established by the city clerk pursuant to NRS 293C.3561.

      4.  Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 3, the city clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The city clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the city clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      5.  The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the city clerk.

      [3.]6.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

 


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      [4.]7.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Sec. 15.85. NRS 293C.3585 is hereby amended to read as follows:

      293C.3585  1.  Except as otherwise provided in NRS 293C.272, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting [.] or a signature card.

      (c) Verify the signature of the voter in the manner set forth in NRS 293C.270.

      (d) Verify that the voter has not already voted in the current election pursuant to this section.

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in the current election pursuant to this section.

      5.  The roster for early voting or signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

 


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ê2017 Statutes of Nevada, Page 3827 (Chapter 546, SB 492)ê

 

      Sec. 15.9. NRS 293C.3604 is hereby amended to read as follows:

      293C.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:

      1.  At the close of each voting day, the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (3) The number of ballots voted on the mechanical recording device for that day; [and]

             (4) The number of signatures in the roster for early voting for that day [.] ; and

             (5) The number of signatures on signature cards for that day.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293C.3594; and

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293C.3594.

      2.  At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) The voting rosters used for early voting;

      (c) The signature cards used for early voting;

      (d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      [(d)](e) Any other items as determined by the city clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Indicate the number of ballots on an official statement of ballots; and

      (b) Place the storage devices in the container provided to transport those items to the central counting place and seal the container with a number seal. The official statement of ballots must accompany the storage devices to the central counting place.

      Sec. 15.95.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 16.  This act becomes effective:

      1.  On July 1, 2017, for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      2.  On January 1, 2018, for all other purposes.

________

 


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ê2017 Statutes of Nevada, Page 3828ê

 

CHAPTER 547, AB 487

Assembly Bill No. 487–Committee on Transportation

 

CHAPTER 547

 

[Approved: June 12, 2017]

 

AN ACT relating to vehicles; revising provisions relating to taxicabs in certain counties of this State; conferring limited enforcement jurisdiction upon the Taxicab Authority over persons who are drivers for transportation network companies; authorizing the use of money obtained from the imposition of a technology fee for certain purposes; revising provisions governing the exterior appearance of certain taxicabs; revising the amount of time a vehicle used as a taxicab may remain in service as a taxicab; requiring the inspection of a taxicab not more than once each year; revising provisions governing the authority of certain certificate holders to lease a taxicab to an independent contractor; authorizing an independent contractor who leases a taxicab to use the taxicab in accordance with an agreement with a transportation network company; revising provisions relating to vehicles equipped with a dynamic display; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Taxicab Authority exercises regulatory authority over taxicabs in any county whose population is 700,000 or more (currently Clark County). (NRS 706.881) The Taxicab Authority may adopt regulations for the administration and enforcement of the provisions of existing law that apply to such taxicabs. (NRS 706.8818) Existing law requires the Nevada Transportation Authority to adopt regulations governing the operation in this State of a transportation network company and each driver who enters into an agreement with a transportation network company to receive connections to potential passengers and provide transportation services. (NRS 706A.100) Section 3 of this bill confers limited enforcement jurisdiction upon the Taxicab Authority over a person who is a driver for a transportation network company during any period in which the person provides transportation services in the county where the Taxicab Authority has jurisdiction. Section 16.5 of this bill makes a conforming change, requiring a taxicab field investigator of the Taxicab Authority to have probable cause of a violation before initiating a stop of such a driver.

      Existing law requires payment to the Taxicab Authority of a technology fee in an amount set by the Taxicab Authority by each taxicab certificate holder for each compensable trip of each taxicab of the certificate holder. (NRS 706.8826) The money from the technology fee must be deposited in the Taxicab Authority Fund, and existing law requires that the money be used to implement technological improvements in safety, reliability and efficiency, including the implementation of a computerized real-time data system to assist with the regulation of taxicabs. (NRS 706.8825) Section 5 of this bill removes the requirement for the money from the technology fee to be spent on such a system, and authorizes its use for the implementation of technological improvements in safety. Section 26 of this bill repeals the provision of existing law authorizing the use of a computerized real-time data system.

      Existing law requires the Taxicab Authority to approve or disapprove the color scheme, insigne and design of the cruising lights of the taxicabs of a certificate holder, and to ensure that each certificate holder’s taxicabs are readily distinguishable from those of another certificate holder. (NRS 706.8833) Section 6 of this bill retains the requirement that taxicabs of each certificate holder be readily distinguishable from those of each other certificate holder, but removes the requirement for the Taxicab Authority to approve such color schemes, insigne and design of cruising lights.

 


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ê2017 Statutes of Nevada, Page 3829 (Chapter 547, AB 487)ê

 

from those of each other certificate holder, but removes the requirement for the Taxicab Authority to approve such color schemes, insigne and design of cruising lights. Section 6 also revises provisions governing the placement of advertisements on the exterior of taxicabs by authorizing the use of the advertisements if the placement of the advertisements does not impair the ability of the driver to operate the vehicle safely.

      Under existing law, a certificate holder may only use for a taxicab a new vehicle or a vehicle with 30,000 miles or less on the odometer. A new vehicle used as a taxicab must be removed from service as a taxicab after 67 months of such use, and a vehicle with less than 30,000 miles on it when put into use as a taxicab must be removed from service after 55 months. If the vehicle is a hybrid electric vehicle, the vehicle is allowed an additional 24 months of service. (NRS 706.8834) Section 7 of this bill provides instead that any vehicle used as a taxicab may only be used as a taxicab for 120 months after the date on which the vehicle was manufactured.

      Section 8 of this bill newly requires each taxicab to display a statement indicating whether the certificate holder accepts credit cards and debit cards and, if so, listing the maximum fee a customer will be charged for the convenience of using a credit card or debit card. Existing law provides that the maximum amount of such a fee may be prescribed in regulation by the Taxicab Authority. (NRS 706.88355)

      Existing law authorizes the Taxicab Administrator of the Department of Business and Industry to inspect a taxicab at any reasonable time. (NRS 706.8839) Section 9 of this bill requires the Taxicab Administrator to conduct such an inspection not more than once each year.

      Existing law authorizes a certificate holder to lease a taxicab to an independent contractor, who may only use the taxicab in a manner authorized by the certificate holder’s certificate of public convenience and necessity. (NRS 706.88396) Section 10 of this bill expands existing law by authorizing the independent contractor to use the taxicab to provide transportation services pursuant to an agreement with a transportation network company. Section 10 also requires the certificate holder who leases a taxicab to an independent contractor to inspect the taxicab at least monthly. Section 10 also limits the number of unexpired leases a certificate holder may have to not more than the number of taxicabs allocated to the certificate holder by the Taxicab Authority. Sections 14 and 15 of this bill make conforming changes.

      Existing law requires an applicant for a driver’s permit to drive a taxicab to prove that he or she has been a resident of this State for at least 30 days. (NRS 706.8841) Section 11 of this bill requires the applicant to prove instead that he or she is a resident of this State or a state that adjoins the county in which the applicant has applied for the driver’s permit. Section 12 of this bill revises provisions regarding daily trip sheets to allow for the use of certain electronic operating systems.

      Under existing law, a driver of a taxicab is not allowed to take a longer route to a passenger’s destination than is necessary, unless specifically requested to do so by the passenger. (NRS 706.8846) Section 13 of this bill provides that a driver must take the most direct route and is not allowed to take a longer or different route intentionally unless requested or agreed to by the passenger.

      Under existing law, a person may not operate on the highways of this State any motor vehicle equipped with a dynamic display unless the vehicle is also equipped with a display management system that is configured to prevent the image or content on the dynamic display from changing when the vehicle is moving, in a turnout or in a location where such a change may cause undue distraction to other drivers. Such a dynamic display is also prohibited from projecting moving images or other moving content. (NRS 484D.493) Section 24.5 of this bill removes the prohibition on moving images or content and provides that the display management system must be configured to prevent the image or content from changing only when the vehicle is moving at a speed of 55 miles per hour or more.

 


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ê2017 Statutes of Nevada, Page 3830 (Chapter 547, AB 487)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 706.759 is hereby amended to read as follows:

      706.759  1.  [A] Except as otherwise provided in subsection 3, a person who drives a taxicab as an employee of a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business shall not act as a driver as defined in NRS 706A.040:

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

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

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

      3.  The provisions of subsection 1 do not apply to an independent contractor who leases a taxicab pursuant to NRS 706.88396.

      Sec. 2. NRS 706.8816 is hereby amended to read as follows:

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

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

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

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

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

      (a) A common motor carrier.

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

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

      Sec. 3. NRS 706.8818 is hereby amended to read as follows:

      706.8818  1.  The Taxicab Authority, consisting of five members appointed by the Governor, is hereby created. Except as otherwise provided in NRS 232A.020, the term of each member is 3 years and no member may serve for more than 6 years. No more than three members may be members of the same political party, and no elected officer of the State or any political subdivision is eligible for appointment.

      2.  Each member of the Taxicab Authority is entitled to receive a salary of not more than $80, as fixed by the Authority, for each day actually employed on work of the Authority.

      3.  While engaged in the business of the Taxicab Authority, each member and employee of the Authority is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The Taxicab Authority shall maintain its principal office in the county or area of the State where it performs most of its regulatory activity.

 


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ê2017 Statutes of Nevada, Page 3831 (Chapter 547, AB 487)ê

 

      5.  The Taxicab Authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and, as it may deem necessary, for the conduct of the taxicab business and for the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive, apply. Local law enforcement agencies and the Nevada Highway Patrol, upon request of the Authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

      6.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the Nevada Transportation Authority remains effective in a county to which those sections apply until modified or rescinded by the Taxicab Authority, and must be enforced by the Taxicab Authority.

      7.  The Taxicab Authority may issue a written administrative citation to a person who is a driver for a transportation network company during any period in which the person provides transportation services pursuant to chapter 706A of NRS in a county where the Taxicab Authority has jurisdiction pursuant to NRS 706.881 as follows:

      (a) The enforcement jurisdiction of the Taxicab Authority over a person who is a driver for a transportation network company is limited to enforcement of the provisions of subsection 1 of NRS 706A.280, except that such jurisdiction does not include enforcement of any violation or other matter which requires the Taxicab Authority to review or investigate the digital network or software application service of the transportation network company through which the driver is connected to potential passengers.

      (b) A written administrative citation issued by the Taxicab Authority to a person who is a driver for a transportation network company must be adjudicated by the Nevada Transportation Authority pursuant to the provisions of chapter 706A of NRS.

      Sec. 4. NRS 706.88183 is hereby amended to read as follows:

      706.88183  1.  The Taxicab Authority shall implement a system to verify [through the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825] the validity of a temporary or permanent medallion issued by the Taxicab Authority.

      2.  As used in this section, “medallion” means the temporary or permanent authority to operate a taxicab within the jurisdiction of the Taxicab Authority which is issued by the Taxicab Authority pursuant to NRS 706.8811 to 706.885, inclusive.

      Sec. 5. NRS 706.8825 is hereby amended to read as follows:

      706.8825  1.  All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited by the Administrator to the credit of the Taxicab Authority Fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the Fund.

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

      3.  The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.

 


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ê2017 Statutes of Nevada, Page 3832 (Chapter 547, AB 487)ê

 

      4.  The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841, 706.8848, 706.8849 and 706.885 are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business. The technology fees received pursuant to paragraph (c) of subsection 3 of NRS 706.8826 [must] may be used to implement technological improvements in safety . [, reliability and efficiency, including, without limitation, the implementation of a computerized real-time data system to assist with the regulation of the taxicabs in the county in which the certificate holder operates a taxicab business. A computerized real-time data system implemented pursuant to this subsection must, at a minimum, satisfy the following criteria:

      (a) While a taxicab is in service within the jurisdiction of the Taxicab Authority, the system must be capable of collecting in real-time from the onboard computer of the taxicab, by wireless access through the onboard diagnostic port or other means, the vehicle identification number and operating and telemetric data for the vehicle.

      (b) While a taxicab is in service within the jurisdiction of the Taxicab Authority, the system must be capable of collecting in real-time, from an onboard diagnostic device capable of using a global positioning system that is installed in the taxicab or any other onboard computer software system capable of using a global positioning system that is installed in the taxicab, the location of the taxicab by latitude and longitude, a record of the time at which the taxicab is at that location and operating and telemetric data for the vehicle.

      (c) The system must be capable of allowing the driver of a taxicab, while the taxicab is in service within the jurisdiction of the Taxicab Authority, to register in the system, at the beginning and end of each shift, his or her identity and the number of his or her driver’s permit.

      (d) The system must be capable of allowing, in a manner prescribed by the Taxicab Authority, a certificate holder to digitally associate a taxicab with a temporary or permanent medallion for the purpose of verifying the validity of a temporary or permanent medallion pursuant to NRS 706.88183. As used in this paragraph, “medallion” has the meaning ascribed to it in NRS 706.88183.

      (e) The system must be capable of presenting, in real-time to the Taxicab Authority, searchable histories, in both a format that displays the information and data in tables and a digital map format that displays streets and highways, of:

             (1) The information and data described in this subsection; and

             (2) The information described in NRS 706.8844.

      (f) The system must be capable of presenting to a passenger, through an application on a mobile device or on an interactive, digital display or other onboard system in the taxicab, sufficient information for the passenger to select and direct the driver to the passenger’s desired destination by the passenger’s desired route. The information must include, without limitation, sufficient information for the passenger to:

             (1) Select the shortest route by time or distance to the passenger’s desired destination;

             (2) Select a multi-segment trip directed by the passenger;

             (3) Select the least expensive route to the passenger’s desired destination; and

 


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ê2017 Statutes of Nevada, Page 3833 (Chapter 547, AB 487)ê

 

             (4) Make a digital record of the passenger’s selection that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.

      (g) The system must be capable of presenting to the driver, through an application on a mobile device or an interactive, digital display or other onboard system in the taxicab, sufficient information for the driver to:

             (1) Determine the shortest route by time or distance to the passenger’s desired destination and the least expensive route to the passenger’s desired destination;

             (2) Follow a multi-segment, passenger-directed trip by the least expensive route to the passenger’s desired destination; and

             (3) Allow the passenger to make a digital record of a selection of a desired route to the passenger’s destination that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.

      (h) The system must be capable of allowing passengers to register comments and complaints with the Taxicab Authority, the driver and the certificate holder, through an application on a mobile device or an interactive digital display screen or other onboard system in the taxicab.

      (i) The system must be capable of assisting the Taxicab Authority in the development of additional preventive measures to detect, investigate and deter the practice of transporting a passenger to a selected destination by a route that is more expensive than necessary under the circumstances of the trip.

      (j) The system must be capable of providing to the Taxicab Authority reliable real-time and historic information concerning service demands, market data, vehicle usage, wait times and customer complaints and comments for use by the Taxicab Authority to make decisions concerning the allocation of medallions pursuant to NRS 706.88237, 706.8824 and 706.88245.

      (k) The system must be capable of allowing certificate holders to use the system to provide cooperative dispatch and electronic hailing services to the public pursuant to NRS 706.88184.

      5.  The Taxicab Authority shall not use the information and data collected pursuant to paragraph (a) or (b) of subsection 4 for any purpose other than the purposes set forth in those paragraphs unless the Authority has adopted regulations governing the additional use.

      6.  The Taxicab Authority may operate the computerized real-time data system implemented pursuant to subsection 4 or enter into an agreement for the provision of such service. If the Taxicab Authority enters into such an agreement, the Taxicab Authority shall ensure that all the information and data collected by the computerized real-time data system is under the control of the Taxicab Authority.

      7.]5.  Any balance remaining in the Fund does not revert to the State General Fund. The Administrator may transfer to the Aging and Disability Services Division of the Department of Health and Human Services any balance over $200,000 and any interest earned on the Fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for elderly persons and persons with permanent disabilities in taxicabs. The money transferred to the Aging and Disability Services Division must be administered in accordance with regulations adopted by the Administrator of the Aging and Disability Services Division pursuant to NRS 427A.070.

 


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ê2017 Statutes of Nevada, Page 3834 (Chapter 547, AB 487)ê

 

      [8.]6.  The Administrator may establish an account for petty cash not to exceed $2,000 for the support of undercover investigation and if the account is created, the Administrator shall reimburse the account from the Taxicab Authority Fund in the same manner as other claims against the State are paid.

      [9.  As used in this section, “real time” means the transmission of information at a rate no longer than once every 6 seconds, unless the Taxicab Authority authorizes a longer rate while a taxicab is experiencing a low volume of trips.]

      Sec. 6. NRS 706.8833 is hereby amended to read as follows:

      706.8833  1.  The color scheme [,] and insigne [and design of the cruising lights of each taxicab must conform to those approved for] of the taxicabs of each certificate holder [pursuant to regulations of the Taxicab Authority.

      2.  Except as otherwise provided in subsection 3, the Taxicab Authority shall approve or disapprove the color scheme, insigne and design of the cruising lights of the taxicabs of a certificate holder in any county, and shall ensure that the color scheme and insigne of one certificate holder are] must be readily distinguishable from the color schemes and insignia of other certificate holders operating in the same county.

      [3.]2.  The Taxicab Authority shall allow a certificate holder in any county to place advertisements on the exterior of the vehicles used as taxicabs in the operations of the certificate holder, provided that the [taxicabs of the certificate holder which bear such advertisements are readily distinguishable from the taxicabs of other certificate holders operating in the same county by meeting the requirements of subsection 2 of NRS 706.8835.] placement of the advertisements does not impair the ability of the driver to operate the taxicab safely.

      Sec. 7. NRS 706.8834 is hereby amended to read as follows:

      706.8834  1.  [Except as otherwise provided in subsection 4, if a] A vehicle acquired for use as a taxicab by a certificate holder [pursuant to paragraph (a) of subsection 3 has been] may only be used in operation as a taxicab for [67] 120 months [based on] after the date [it was originally placed into operation as a taxicab, the certificate holder:

      (a) Shall remove the vehicle from operation as a taxicab; and

      (b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.] on which the vehicle was manufactured.

      2.  [Except as otherwise provided in subsection 4, if] If a vehicle acquired for use as a taxicab by a certificate holder [pursuant to paragraph (b) of subsection 3] has been in operation as a taxicab for [55] 120 months [based on] after the date [it was originally placed into operation as a taxicab,] on which the vehicle was manufactured, the certificate holder:

      (a) Shall remove the vehicle from operation as a taxicab; and

      (b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.

      [3.  Any vehicle which a certificate holder acquires for use as a taxicab must:

      (a) Be new; or

      (b) Register not more than 30,000 miles on the odometer.

      4.  If a hybrid electric vehicle, as defined in 40 C.F.R. § 86.1702-99, is acquired for use as a taxicab by a certificate holder, the period of operation as a taxicab specified in subsections 1 and 2 shall be extended for an additional 24 months for that vehicle.]

 


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ê2017 Statutes of Nevada, Page 3835 (Chapter 547, AB 487)ê

 

as a taxicab specified in subsections 1 and 2 shall be extended for an additional 24 months for that vehicle.]

      Sec. 8. NRS 706.8835 is hereby amended to read as follows:

      706.8835  1.  A certificate holder shall display on each of the certificate holder’s taxicabs [the fare schedule under which it is being operated.] a statement indicating whether the certificate holder accepts credit cards and debit cards and, if so, setting forth the maximum fee a customer will be charged for the convenience of using a credit card or debit card pursuant to NRS 706.88355. The [schedule] statement must be permanently affixed:

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

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

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

      Sec. 9. NRS 706.8839 is hereby amended to read as follows:

      706.8839  1.  The Administrator [may] shall inspect [a] each taxicab [at any reasonable time.] not more than once each year.

      2.  If the Administrator finds that a taxicab is in a condition which violates NRS 706.8837, the Administrator shall remove the vehicle from service, shall place an out-of-service sticker on the windshield and shall notify the certificate holder of the defect. The vehicle shall remain out of service until the defect has been remedied and the Administrator upon reinspection has approved the vehicle and removed the out-of-service sticker.

      3.  If the Administrator finds that a taxicab is in a condition which violates NRS 706.8838, the Administrator shall notify the certificate holder of the improper condition and, after a reasonable time, shall reinspect the vehicle. If upon reinspection the violation has not been corrected, the vehicle shall be removed from service until it is reinspected and approved, as provided in subsection 2.

      Sec. 10. NRS 706.88396 is hereby amended to read as follows:

      706.88396  1.  [A] Except as otherwise provided in subsection 8, a certificate holder may, upon approval from the Taxicab Authority, lease a taxicab to an independent contractor who is not a certificate holder. A certificate holder may lease only one taxicab to each independent contractor with whom the person enters into a lease agreement. The taxicab may be used [only in] , without limitation:

      (a) In a manner authorized by the certificate holder’s certificate of public convenience and necessity [.] ; or

      (b) By the independent contractor to provide transportation services in accordance with an agreement with a transportation network company entered into pursuant to chapter 706A of NRS.

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

      3.  Except as otherwise provided in subsection 8, the Taxicab Authority may not limit the number of:

 


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ê2017 Statutes of Nevada, Page 3836 (Chapter 547, AB 487)ê

 

      (a) Lease agreements entered into by a certificate holder; or

      (b) Days for which a lease agreement remains in effect.

      4.  A certificate holder who leases a taxicab to an independent contractor shall inspect the taxicab not less than once each month.

      5.  An independent contractor may not operate more than one taxicab pursuant to a lease agreement with a certificate holder during any one 24-hour period.

      6.  A certificate holder who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto or, if applicable, chapter 706A of NRS or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.

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

      8.  A certificate holder may not have a number of unexpired leases that exceeds the number of taxicabs allocated to the certificate holder pursuant to NRS 706.8824 and 706.88245.

      Sec. 11. NRS 706.8841 is hereby amended to read as follows:

      706.8841  1.  The Administrator shall issue a driver’s permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a driver’s permit, the Administrator shall:

      (a) Require the applicant to submit a complete set of the applicant’s fingerprints which the Administrator may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and

      (b) Require proof that the applicant:

             (1) [Has been] Is a resident of [the] this State [for 30 days before the application for a permit;] or a state that adjoins the county in which the applicant has applied for a driver’s permit;

             (2) Can read and orally communicate in the English language; and

             (3) Has a valid license issued under NRS 483.325 which authorizes the applicant to drive a taxicab in this State.

      2.  The Administrator may refuse to issue a driver’s permit if the applicant has been convicted of:

      (a) A felony relating to the practice of taxicab drivers in this State or any other jurisdiction at any time before the date of the application;

      (b) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application;

      (c) A violation of NRS 484C.110, 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application; or

      (d) A violation of NRS 484C.130 or a law of any other jurisdiction that prohibits the same or similar conduct.

      3.  The Administrator may refuse to issue a driver’s permit if the Administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

 


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ê2017 Statutes of Nevada, Page 3837 (Chapter 547, AB 487)ê

 

      4.  A taxicab driver shall pay to the Administrator, in advance, $40 for an original driver’s permit and $10 for a renewal.

      Sec. 12. NRS 706.8844 is hereby amended to read as follows:

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

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

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

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

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

      (d) The odometer reading of the taxicab.

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

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

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

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

      (a) [The] Except as otherwise provided in subsection 5, the time at which the driver ended the period of duty by means of a time clock provided by the certificate holder;

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

      (c) The odometer reading of the taxicab.

      5.  A driver is not required to record on the driver’s trip sheet the time at which the driver ended the period of duty if:

      (a) The certificate holder uses an operating system which records the time the driver ends the period of duty electronically; and

      (b) The time entries recorded by the operating system are available to the Taxicab Authority if requested pursuant to an audit.

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

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

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

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

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

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

 


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ê2017 Statutes of Nevada, Page 3838 (Chapter 547, AB 487)ê

 

      10.  As used in this section, “time clock” means a mechanism which records the time at which a driver begins or ends, as applicable, a period of duty by means of:

      (a) A manual time stamp on the driver’s trip sheet; or

      (b) An electronically issued time stamp provided by the operating system of the certificate holder.

      Sec. 13. NRS 706.8846 is hereby amended to read as follows:

      706.8846  With respect to a passenger’s destination, [a] unless a different route is requested or agreed to by the passenger, a driver shall take the most direct route when transporting a passenger to his or her destination. A driver shall not:

      1.  Deceive or attempt to deceive any passenger who rides or desires to ride in the driver’s taxicab.

      2.  Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      3.  [Take] Except as otherwise provided in this subsection, intentionally take a longer route to the passenger’s destination than is necessary . [, unless specifically requested so to do by the passenger.]

      4.  Fail to comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken.

      Sec. 14. NRS 706A.075 is hereby amended to read as follows:

      706A.075  1.  Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.

      2.  A transportation network company which holds a valid permit issued by the Authority pursuant to this chapter, a driver who has entered into an agreement with such a company and a vehicle operated by such a driver are exempt from:

      (a) The provisions of chapter 704 of NRS relating to public utilities; and

      (b) [The] Except as otherwise provided in NRS 706.88396, the provisions of chapter 706 of NRS,

Ê to the extent that the services provided by the company or driver are within the scope of the permit.

      Sec. 15. NRS 706A.110 is hereby amended to read as follows:

      706A.110  1.  A transportation network company shall not engage in business in this State unless the company holds a valid permit issued by the Authority pursuant to this chapter.

      2.  A driver shall not provide transportation services unless the company with which the driver is affiliated holds a valid permit issued by the Authority pursuant to this chapter.

      3.  The Authority is authorized and empowered to regulate, pursuant to the provisions of this chapter, all transportation network companies and drivers who operate or wish to operate within this State. [The] Except as otherwise provided in NRS 706.88396, the Authority shall not apply any provision of chapter 706 of NRS to a transportation network company or a driver who operates within the provisions of this chapter and the regulations adopted pursuant thereto.

      Sec. 16. NRS 706A.130 is hereby amended to read as follows:

      706A.130  1.  Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the Authority shall issue to the applicant within 30 days a permit to operate a transportation network company in this State.

 


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ê2017 Statutes of Nevada, Page 3839 (Chapter 547, AB 487)ê

 

Authority shall issue to the applicant within 30 days a permit to operate a transportation network company in this State.

      2.  In accordance with the provisions of this chapter, a permit issued pursuant to this section:

      (a) Authorizes a transportation network company to connect one or more passengers through the use of a digital network or software application service to a driver who can provide transportation services.

      (b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

      (c) [Does] Except as otherwise provided in NRS 706.88396, does not authorize a transportation network company or any driver to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by this chapter.

      3.  Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an application pursuant to NRS 706A.120 and meets the requirements for the issuance of a permit.

      Sec. 16.5. NRS 289.340 is hereby amended to read as follows:

      289.340  An employee designated by the Taxicab Administrator as:

      1.  A taxicab field investigator is a peace officer [.] for the purposes of enforcing the provisions of chapter 706 of NRS. Such an investigator enforcing the provisions of subsection 1 of NRS 706A.280 pursuant to NRS 706.8818 must have probable cause that a driver is violating subsection 1 of NRS 706A.280 to initiate a traffic stop of the driver’s vehicle.

      2.  An airport control officer is a peace officer only when on duty at the airport.

      Secs. 17-23. (Deleted by amendment.)

      Sec. 24. NRS 427A.070 is hereby amended to read as follows:

      427A.070  1.  The Administrator shall:

      (a) Subject to the approval of the Director, adopt rules and regulations:

             (1) Necessary to carry out the purposes of this chapter and chapter 435 of NRS; and

             (2) Establishing a program to subsidize the transportation by taxicab of elderly persons and persons with permanent disabilities from money received pursuant to subsection [7] 5 of NRS 706.8825;

      (b) Establish appropriate administrative units within the Division;

      (c) Appoint such personnel and prescribe their duties as the Administrator deems necessary for the proper and efficient performance of the functions of the Division;

      (d) Prepare and submit to the Governor, through the Director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter and chapter 435 of NRS;

      (e) Make certification for disbursement of funds available for carrying out the purposes of this chapter and chapter 435 of NRS; and

      (f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter and chapter 435 of NRS.

 


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      2.  The Administrator may delegate to any officer or employee of the Division such of the powers and duties of the Administrator as the Administrator finds necessary to carry out the purposes of this chapter and chapter 435 of NRS.

      Sec. 24.5. NRS 484D.493 is hereby amended to read as follows:

      484D.493  1.  Except as otherwise provided in subsection 2, a person shall not operate upon the highways of this State any motor vehicle that is equipped with a dynamic display unless [:

      (a) The] the motor vehicle is equipped with a display management system which is configured to prevent the image or content displayed on the dynamic display from changing when the motor vehicle is [:

             (1) Moving;

             (2) In a turnout; or

             (3) In any other location where changing the image or content displayed on the dynamic display may cause undue distraction to the operators of other vehicles; and

      (b) The dynamic display does not project or otherwise show moving images, moving information or other moving content.] moving at a speed of 55 miles per hour or more.

      2.  This section does not prohibit the use of a dynamic display that is operated without a display management system if the dynamic display is being used exclusively for purposes other than advertisement, including, without limitation:

      (a) For purposes that are personal and noncommercial in nature;

      (b) For purposes of traffic control;

      (c) For purposes of law enforcement or emergency response;

      (d) As a warning device for a utility or utility vehicle, as described in NRS 484D.465; or

      (e) To display the name, route number or destination of a bus or other vehicle of mass transit.

      3.  As used in this section:

      (a) “Display management system” means equipment or software that is designed to operate a dynamic display, including, without limitation, periodically changing the image, information or content being shown on the dynamic display.

      (b) “Dynamic display” means equipment which is attached to a motor vehicle and which consists of at least one monitor, screen or viewer that, without limitation:

             (1) Is designed to display various images, information or other content, including, without limitation, advertisements, which change periodically;

             (2) Is intended to be visible to the drivers of other vehicles on the highway and to persons who are near the highway; and

             (3) May be visible to the operator of the motor vehicle.

      Sec. 25.  Any regulations adopted by the Taxicab Authority that conflict with the amendatory provisions of this act are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after July 1, 2017.

      Sec. 26. NRS 706.88184 is hereby repealed.

      Sec. 27.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 3841ê

 

CHAPTER 548, SB 144

Senate Bill No. 144–Senator Spearman

 

CHAPTER 548

 

[Approved: June 12, 2017]

 

AN ACT relating to elections; requiring the Secretary of State to ensure that a person may use a mobile device to access certain information and submit certain information electronically to the Secretary of State; providing for voter preregistration by certain persons who are at least 17 years of age but less than 18 years of age; extending the deadline for a covered voter to use a federal postcard application to register to vote and request a military-overseas ballot; authorizing, under certain circumstances, a covered voter to request a local elections official to resend to the covered voter a military-overseas ballot; making various other changes relating to elections; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Secretary of State to maintain an Internet website for public information maintained, collected or compiled by the Secretary of State that relates to elections. (NRS 293.4687) Section 7 of this bill requires the Secretary of State to ensure that: (1) all public information that is included on the Internet website is accessible on a mobile device; and (2) a person may use a mobile device to submit any information or form relating to elections to the Secretary of State.

      Section 14 of this bill authorizes certain persons who are at least 17 years of age but less than 18 years of age to preregister to vote in this State. Sections 15, 17, 18, 20, 23-25, 27, 28, 32-36, 38-45, 47-53, 55-61, 64, 65, 68-70, 80, 81, 83, 84, 85, 90-92, 97, 99 and 100 of this bill make conforming changes.

      Existing law generally requires a voter to sign his or her name in a roster when the voter applies to vote in person. (NRS 293.277, 293.285, 293.3585, 293C.270, 293C.275, 293C.3585) Sections 23-25, 27, 27.5, 79-81, 83 and 83.5 of this bill allow a person to sign a signature card rather than a roster.

      Existing law authorizes a covered voter to register to vote or request a military-overseas ballot by using a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2). (NRS 293D.230, 293D.300) Sections 93 and 94 of this bill provide that a covered voter may use the federal postcard application to register to vote or request a military-overseas ballot if the application is received by the appropriate elections official by the seventh day before the election.

      Section 96 of this bill authorizes a covered voter who does not receive his or her military-overseas ballot and balloting materials for any reason, including, without limitation, as a result of a change in the covered voter’s duty station, the covered voter may request that the local elections official resend the military-overseas ballot and balloting materials. The covered voter may cast the military-overseas ballot by facsimile transmission, electronic mail or the system of approved electronic transmission established by the Secretary of State.

 


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ê2017 Statutes of Nevada, Page 3842 (Chapter 548, SB 144)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Secs. 2-6 and 6.5.  (Deleted by amendment.)

      Sec. 7. 1.  The Secretary of State shall ensure that:

      (a) All public information that is included on the Internet website required pursuant to NRS 293.4687 is accessible on a mobile device; and

      (b) A person may use a mobile device to submit any information or form related to elections that a person may otherwise submit electronically to the Secretary of State, including, without limitation, an application to preregister or register to vote, a request for an absent ballot and a request for a military-overseas ballot.

      2.  As used in this section:

      (a) “Military-overseas ballot” has the meaning ascribed to it in NRS 293D.050.

      (b) “Mobile device” includes, without limitation, a smartphone or a tablet computer.

      Secs. 8-13.  (Deleted by amendment.)

      Sec. 14. 1.  Every citizen of the United States who is 17 years of age or older but less than 18 years of age and has continuously resided in this State for 30 days or longer may preregister to vote by any of the means available for a person to register to vote pursuant to this title. A person eligible to preregister to vote is deemed to be preregistered to vote upon the submission of a completed application to preregister to vote.

      2.  If a person preregisters to vote, he or she shall be deemed to be a registered voter on his or her 18th birthday unless:

      (a) The person’s preregistration has been cancelled as described in subsection 7; or

      (b) Except as otherwise provided in NRS 293D.210, on the person’s 18th birthday, he or she does not satisfy the voter eligibility requirements set forth in NRS 293.485.

      3.  The county clerk shall issue to a person who is deemed to be registered to vote pursuant to subsection 2 a voter registration card as described in subsection 6 of NRS 293.517 as soon as practicable after the person is deemed to be registered to vote.

      4.  On the date that a person who preregisters to vote is deemed to be registered to vote, his or her application to preregister to vote is deemed to be his or her application to register to vote.

      5.  If a person preregistered to vote:

      (a) By mail or computer, he or she shall be deemed to have registered to vote by mail or computer, as applicable.

      (b) In person, he or she shall be deemed to have registered to vote in person.

      6.  The preregistration information of a person may be updated by any of the means for updating the voter registration information of a person pursuant to this chapter.

 


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ê2017 Statutes of Nevada, Page 3843 (Chapter 548, SB 144)ê

 

      7.  The preregistration to vote of a person may be cancelled by any of the means and for any of the reasons for cancelling voter registration pursuant to this chapter.

      8.  Except as otherwise provided in this subsection, all preregistration information relating to a person is confidential and is not a public record. Once a person’s application to preregister to vote is deemed to be an application to register to vote, any voter registration information related to the person must be disclosed pursuant to any law that requires voter registration information to be disclosed.

      9.  The Secretary of State shall adopt regulations providing for preregistration to vote. The regulations:

      (a) Must include, without limitation, provisions to ensure that once a person is deemed to be a registered voter pursuant to subsection 2 the person is immediately issued a voter registration card and added to the statewide voter registration list and the registrar of voters’ register; and

      (b) Must not require a county clerk to provide to a person who preregisters to vote sample ballots or any other voter information provided to registered voters unless the person will be eligible to vote at the election for which the sample ballots or other information is provided.

      Sec. 14.5. (Deleted by amendment.)

      Sec. 15. NRS 293.12757 is hereby amended to read as follows:

      293.12757  A person may sign a petition required under the election laws of this State on or after the date the person is deemed to be registered to vote pursuant to NRS 293.517 or subsection 7 of NRS 293.5235 [.] or section 14 of this act.

      Sec. 16. (Deleted by amendment.)

      Sec. 17. NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of primary, general, special and district elections in all cities and counties. Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election and are effective on or before the last business day of February immediately preceding a primary, general, special or district election govern the conduct of that election.

      2.  The Secretary of State shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy and any petition which is filed pursuant to the general election laws of this State.

      3.  The regulations must prescribe:

      (a) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      (b) The form and placement of instructions to voters;

      (c) The disposition of election returns;

      (d) The procedures to be used for canvasses, ties, recounts and contests, including, without limitation, the appropriate use of a paper record created when a voter casts a ballot on a mechanical voting system that directly records the votes electronically;

      (e) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 or 293C.390;

      (f) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;

 


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ê2017 Statutes of Nevada, Page 3844 (Chapter 548, SB 144)ê

 

      (g) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;

      (h) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors , [or] registered voters or other persons who are authorized to use approved electronic transmission pursuant to the provisions of this title;

      (i) The forms for applications to preregister and register to vote and any other forms necessary for the administration of this title; and

      (j) Such other matters as determined necessary by the Secretary of State.

      4.  The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this State.

      5.  The Secretary of State shall prepare and distribute to each county and city clerk copies of:

      (a) Laws and regulations concerning elections in this State;

      (b) Interpretations issued by the Secretary of State’s Office; and

      (c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the Secretary of State.

      Sec. 18. NRS 293.250 is hereby amended to read as follows:

      293.250  1.  Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to preregister and register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.

      (b) The procedures to be followed and the requirements of a system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration.

      2.  Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.

      (b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.

      3.  The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252.

 


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ê2017 Statutes of Nevada, Page 3845 (Chapter 548, SB 144)ê

 

amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held. The explanations must include a digest. The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

      7.  A county clerk:

      (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

      Sec. 19. (Deleted by amendment.)

      Sec. 20. NRS 293.2725 is hereby amended to read as follows:

      293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 and in federal law, a person who registers to vote by mail or computer [to vote in this State] or a person who preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and who has not previously voted in an election for federal office in this State:

      (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

             (1) A current and valid photo identification of the person, which shows his or her physical address; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517; and

      (b) May vote by mail only if the person provides to the county or city clerk:

             (1) A copy of a current and valid photo identification of the person, which shows his or her physical address; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517.

Ê If there is a question as to the physical address of the person, the election board officer or clerk may request additional information.

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

 


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ê2017 Statutes of Nevada, Page 3846 (Chapter 548, SB 144)ê

 

      (a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with an application to preregister or register to vote:

             (1) A copy of a current and valid photo identification; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517;

      (b) Except as otherwise provided in subsection 3, registers to vote by mail or computer and submits with an application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (c) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;

      (d) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or

      (e) Is entitled to vote otherwise than in person under any other federal law.

      3.  The provisions of subsection 1 apply to a person described in paragraph (b) of subsection 2 if the voter registration card issued to the person pursuant to subsection 6 of NRS 293.517 is mailed by the county clerk to the person and returned to the county clerk by the United States Postal Service.

      Secs. 21 and 22. (Deleted by amendment.)

      Sec. 23. NRS 293.277 is hereby amended to read as follows:

      293.277  1.  Except as otherwise provided in NRS 293.283 and 293.541, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  Except as otherwise provided in NRS 293.2725, the forms of identification which may be used individually to identify a voter at the polling place are:

      (a) The card issued to the voter at the time he or she registered to vote [;] or was deemed to be registered to vote;

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.

      Sec. 24. NRS 293.283 is hereby amended to read as follows:

      293.283  1.  If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293.277, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

 


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      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote [.] or was deemed to be registered to vote.

      2.  If the identity of the voter is verified, the election board officer shall indicate in the roster “Identified” by the voter’s name.

      Sec. 25. NRS 293.285 is hereby amended to read as follows:

      293.285  1.  Except as otherwise provided in NRS 293.283, a registered voter applying to vote shall state his or her name to the election board officer in charge of the roster, and the officer shall immediately announce the name, instruct the voter to sign the roster [and] or signature card, verify the signature of the voter in the manner set forth in NRS 293.277.

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote [.] or was deemed to be registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to preregister or register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Secs. 26, 26.2, 26.4, 26.6 and 26.8. (Deleted by amendment.)

      Sec. 27. NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Except as otherwise provided in NRS 293.283, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting [.] or a signature card.

      (c) Verify the signature of the voter in the manner set forth in NRS 293.277.

      (d) Verify that the voter has not already voted in the current election pursuant to this section.

      2.  If the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote [.] or was deemed to be registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in the current election pursuant to this section.

 


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      5.  The roster for early voting or a signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 27.5. NRS 293.3604 is hereby amended to read as follows:

      293.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:

      1.  At the close of each voting day, the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (3) The number of ballots voted on the mechanical recording device for that day; [and]

             (4) The number of signatures in the roster for early voting for that day [.] ; and

             (5) The number of signatures on signature cards for the day.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293.3594; and

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293.3594.

      2.  At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) The voting rosters used for early voting;

      (c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting;

      (d) The signature cards used for early voting; and

      [(d)](e) Any other items as determined by the county clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

 


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      (a) Indicate the number of ballots on an official statement of ballots; and

      (b) Place the storage devices in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the storage devices to the central counting place.

      Sec. 28. NRS 293.389 is hereby amended to read as follows:

      293.389  The Secretary of State, a board of county commissioners, a county clerk and any other person who prepares an abstract of votes or other report of votes pursuant to this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to [subsection 7] paragraph (g) of subsection 1 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.

      Secs. 29-31. (Deleted by amendment.)

      Sec. 32. NRS 293.486 is hereby amended to read as follows:

      293.486  1.  Except as otherwise provided in subsection 2, for the purposes of preregistering or registering to vote, the address at which the [voter] person actually resides is the street address assigned to the location at which the [voter] person actually resides.

      2.  For the purposes of preregistering or registering to vote, if the [voter] person does not reside at a location that has been assigned a street address, the address at which the [voter] person actually resides is a description of the location at which the [voter] person actually resides. The description must identify the location with sufficient specificity to allow the county clerk to assign the location to a precinct.

      3.  The provisions of this section do not authorize a person to preregister or register to vote if the person is not otherwise eligible to preregister or register to vote [.] , as applicable.

      Sec. 33. NRS 293.5002 is hereby amended to read as follows:

      293.5002  1.  The Secretary of State shall establish procedures to allow a person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, to:

      (a) [Register] Preregister or register to vote; and

      (b) Vote by absent ballot,

Ê without revealing the confidential address of the person.

      2.  In addition to establishing appropriate procedures or developing forms pursuant to subsection 1, the Secretary of State shall develop a form to allow a person for whom a fictitious address has been issued to preregister or register to vote or to change the address of the person’s current preregistration or registration [.] , as applicable. The form must include:

      (a) A section that contains the confidential address of the person; and

      (b) A section that contains the fictitious address of the person.

      3.  Upon receiving a completed form from a person for whom a fictitious address has been issued, the Secretary of State shall:

      (a) On the portion of the form that contains the fictitious address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk; and

      (b) File the portion of the form that contains the confidential address.

      4.  Notwithstanding any other provision of law, any request received by the Secretary of State pursuant to subsection 3 shall be deemed a request for a permanent absent ballot.

      5.  Notwithstanding any other provision of law:

 


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      (a) The Secretary of State and each county clerk shall keep the portion of the form developed pursuant to subsection 2 that he or she retains separate from other applications for preregistration or registration.

      (b) The county clerk shall not make the name, confidential address or fictitious address of the person who has been issued a fictitious address available for:

             (1) Inspection or copying; or

             (2) Inclusion in any list that is made available for public inspection,

Ê unless directed to do so by lawful order of a court of competent jurisdiction.

      Sec. 34. NRS 293.503 is hereby amended to read as follows:

      293.503  1.  The county clerk of each county where a registrar of voters has not been appointed pursuant to NRS 244.164:

      (a) Is ex officio county registrar and registrar for all precincts within the county.

      (b) Shall have the custody of all books, documents and papers pertaining to preregistration or registration provided for in this chapter.

      2.  All books, documents and papers pertaining to preregistration or registration are official records of the office of the county clerk.

      3.  The county clerk shall maintain records of any program or activity that is conducted within the county to ensure the accuracy and currency of the registrar of voters’ register for not less than 2 years after creation. The records must include the names and addresses of any person to whom a notice is mailed pursuant to NRS 293.5235, 293.530, or 293.535 and whether the person responded to the notice.

      4.  Any program or activity that is conducted within the county for the purpose of removing the name of each person who is ineligible to vote in the county from the registrar of voters’ register must be complete not later than 90 days before the next primary or general election.

      5.  Except as otherwise provided by subsection 6, all records maintained by the county clerk pursuant to subsection 3 must be available for public inspection.

      6.  Except as otherwise provided in NRS 239.0115, any information relating to where a person preregisters or registers to vote must remain confidential and is not available for public inspection. Such information may only be used by an election officer for purposes related to [voter] preregistration and registration.

      Sec. 35. NRS 293.5035 is hereby amended to read as follows:

      293.5035  1.  The county clerk may designate any building owned or leased by the county, or any portion of such a building, as a county facility at which persons may preregister to vote and electors may register to vote.

      2.  A county facility designated pursuant to subsection 1 must be operated as an auxiliary county facility at which [voter] preregistration and registration [is] are carried out in addition to being carried out at the office of the county clerk.

      3.  If the county clerk designates a county facility pursuant to subsection 1, the county clerk shall determine the hours of operation for the facility and shall, in cooperation with the Secretary of State, ensure that the facility is operated, staffed and equipped in compliance with all applicable provisions of this title and all other applicable provisions of state and federal law relating to the preregistration of persons and the registration of electors in this State.

 


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      Sec. 36. NRS 293.504 is hereby amended to read as follows:

      293.504  1.  The following offices shall serve as voter registration agencies:

      (a) Such offices that provide public assistance as are designated by the Secretary of State;

      (b) Each office that receives money from the State of Nevada to provide services to persons with disabilities in this State;

      (c) The offices of the Department of Motor Vehicles;

      (d) The offices of the city and county clerks;

      (e) Such other county and municipal facilities as a county clerk or city clerk may designate pursuant to NRS 293.5035 or 293C.520, as applicable;

      (f) Recruitment offices of the United States Armed Forces; and

      (g) Such other offices as the Secretary of State deems appropriate.

      2.  Each voter registration agency shall:

      (a) Post in a conspicuous place, in at least 12-point type, instructions for preregistering and registering to vote;

      (b) Except as otherwise provided in subsection 3, distribute applications to preregister or register to vote which may be returned by mail with any application for services or assistance from the agency or submitted for any other purpose and with each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;

      (c) Provide the same amount of assistance to an applicant in completing an application to preregister or register to vote as the agency provides to a person completing any other forms for the agency; and

      (d) Accept completed applications to preregister or register to vote.

      3.  A voter registration agency is not required to provide an application to preregister or register to vote pursuant to paragraph (b) of subsection 2 to a person who applies for or receives services or assistance from the agency or submits an application for any other purpose if the person affirmatively declines to preregister or register to vote and submits to the agency a written form that meets the requirements of [42] 52 U.S.C. § [1973gg-5(a)(6). No information] 20506(a)(6). Information related to the declination to preregister or register to vote may not be used for any purpose other than voter registration.

      4.  Except as otherwise provided in this subsection and NRS 293.524, any application to preregister or register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. The applications must be forwarded daily during the 2 weeks immediately preceding the fifth Sunday preceding an election. The county clerk shall accept any application [to register to vote] which is obtained from a voter registration agency pursuant to this section and completed by the fifth Sunday preceding an election if the county clerk receives the application not later than 5 days after that date.

      5.  The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this State to apply to preregister or register to vote at recruitment offices of the United States Armed Forces.

      Sec. 37. (Deleted by amendment.)

      Sec. 38. NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

 


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      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall preregister and register voters within the county for which the field registrar is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct. The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a county clerk to collect a civil penalty of not more than $5,000 for each person who is appointed as a field registrar in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      3.  A field registrar shall demand of any person who applies for preregistration or registration all information required by the application to preregister or register to vote , as applicable, and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his or her possession five or more completed applications to preregister or register to vote, the field registrar shall forward them to the county clerk, but in no case may the field registrar hold any number of them for more than 10 days.

      5.  Each field registrar shall forward to the county clerk all completed applications in his or her possession immediately after the fifth Sunday preceding an election. Within 5 days after the fifth Sunday preceding any general election or general city election, a field registrar shall return all unused applications in his or her possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to preregister or register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him or her by the county clerk for posting in accordance with the election laws of this State.

      8.  A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Delegate any of his or her duties to another person; or

      (b) Refuse to preregister or register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.

      10.  A county clerk, field registrar, employee of a voter registration agency or person assisting [a voter] another person pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a [voter] person on the subject of marking his or her ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

Ê while preregistering or registering [an elector.] the person.

 


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      11.  When the county clerk receives applications to preregister or register to vote from a field registrar, the county clerk shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons preregistered or registered; and

      (b) The political party of the persons preregistered or registered.

      12.  A county clerk, field registrar, employee of a voter registration agency or person assisting [a voter] another person pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Knowingly [register] :

             (1) Register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or

             (2) Preregister a person who does not meet the qualifications set forth in section 14 of this act; or

      (b) [Register] Preregister or register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.

      13.  A county clerk, field registrar, employee of a voter registration agency, person assisting [a voter] another person pursuant to subsection 13 of NRS 293.5235 or any other person providing a form for the application to preregister or register to vote to an elector for the purpose of preregistering or registering to vote:

      (a) If the person who assists [an elector] another person with completing the form for the application to preregister or register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the [voter] person upon completion of the form; and

      (b) Shall not alter, deface or destroy an application to preregister or register to vote that has been signed by [an elector] a person except to correct information contained in the application after receiving notice from the [elector] person that a change in or addition to the information is required.

      14.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

      15.  A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 39. NRS 293.5055 is hereby amended to read as follows:

      293.5055  A county clerk or field registrar may preregister or register, outside the boundaries of the county, any [voter] person who is a resident of that county [.] and meets the qualifications to preregister or register to vote, as applicable.

      Sec. 40. NRS 293.5057 is hereby amended to read as follows:

      293.5057  A person who does not maintain a residence in this State may preregister or register to vote for the office of President and Vice President of the United States if the person files a sworn statement with the county clerk or field registrar of voters that the person is not preregistered or registered to vote in any other state and provides evidence:

      1.  Of his or her domicile in this State in accordance with the provisions of NRS 41.191;

      2.  That he or she maintains an account at a financial institution located in this State; or

 


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      3.  That his or her motor vehicle is registered in this State.

      Sec. 41. NRS 293.506 is hereby amended to read as follows:

      293.506  1.  A county clerk may, with approval of the board of county commissioners, establish a system for using a computer to register voters and to keep records of registration.

      2.  A system established pursuant to subsection 1 must [comply] :

      (a) Comply with any procedures and requirements prescribed by the Secretary of State pursuant to NRS 293.250 [.] ; and

      (b) Allow a person to preregister to vote and the county clerk to keep records of preregistration by computer.

      Sec. 42. NRS 293.507 is hereby amended to read as follows:

      293.507  1.  The Secretary of State shall prescribe:

      (a) [A standard form] Standard forms for applications to preregister or register to vote;

      (b) [A special form] Special forms for preregistration and registration to be used in a county where registrations are performed and records of registration are kept by computer; and

      (c) A standard form for the affidavit described in subsection 5.

      2.  The county clerks shall provide forms for applications to preregister or register to vote to field registrars in the form and number prescribed by the Secretary of State.

      3.  Each form for an application to preregister or register to vote must include a:

      (a) Unique control number assigned by the Secretary of State; and

      (b) Receipt which:

             (1) Includes a space for a person assisting an applicant in completing the form to enter the person’s name; and

             (2) May be retained by the applicant upon completion of the form.

      4.  The form for an application to preregister or register to vote must include:

      (a) A line for use by the applicant to enter:

             (1) The number indicated on the applicant’s current and valid driver’s license issued by the Department of Motor Vehicles, if the applicant has such a driver’s license;

             (2) The last four digits of the applicant’s social security number, if the applicant does not have a driver’s license issued by the Department of Motor Vehicles and does have a social security number; or

             (3) The number issued to the applicant pursuant to subsection 5, if the applicant does not have a current and valid driver’s license issued by the Department of Motor Vehicles or a social security number.

      (b) A line on which to enter the address at which the applicant actually resides, as set forth in NRS 293.486.

      (c) A notice that the applicant may not list a business as the address required pursuant to paragraph (b) unless the applicant actually resides there.

      (d) A line on which to enter an address at which the applicant may receive mail, including, without limitation, a post office box or general delivery.

      5.  If an applicant does not have the identification set forth in subparagraph (1) or (2) of paragraph (a) of subsection 4, the applicant shall sign an affidavit stating that he or she does not have a current and valid driver’s license issued by the Department of Motor Vehicles or a social security number. Upon receipt of the affidavit, the county clerk shall issue an identification number to the applicant which must be the same number as the unique identifier assigned to the applicant for purposes of the statewide voter registration list.

 


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identification number to the applicant which must be the same number as the unique identifier assigned to the applicant for purposes of the statewide voter registration list.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsections 3, 4 and 5.

      Sec. 43. NRS 293.508 is hereby amended to read as follows:

      293.508  The Secretary of State shall include on all forms for an application to preregister or register to vote prescribed by the Secretary of State the following option, printed in a separate box created by bold lines, in at least 14-point bold type:

 

[ ]  CHECK THIS BOX TO RECEIVE A SAMPLE BALLOT IN LARGER TYPE

      Sec. 44. NRS 293.509 is hereby amended to read as follows:

      293.509  1.  A county clerk may provide the [form for the application] forms for applications to preregister or register to vote prescribed by the Secretary of State pursuant to NRS 293.507 to a candidate, major political party, minor political party or any other person submitting a request pursuant to subsection 2.

      2.  A candidate, major political party, minor political party or other person shall:

      (a) Submit a request for forms for [the application] applications to preregister or register to vote to the county clerk in person, by telephone, in writing or by facsimile machine; and

      (b) State the number of forms for [the application] applications to preregister or register to vote that the candidate, major political party, minor political party or other person is requesting.

      3.  The county clerk may record the control numbers assigned to the forms by the Secretary of State pursuant to NRS 293.507 of the forms he or she provided in response to the request. The county clerk shall maintain a request for multiple applications with the county clerk’s records.

      Sec. 45. NRS 293.510 is hereby amended to read as follows:

      293.510  1.  In counties where computers are not used to register voters, the county clerk shall:

      (a) Segregate original applications to register to vote according to the precinct in which the registered voters reside and arrange the applications in each precinct or district in alphabetical order. The applications for each precinct or district must be kept separately for each precinct or district. These applications must be used to prepare the rosters.

      (b) Arrange the duplicate applications of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters’ register.

      2.  In any county where a computer is used to register voters, the county clerk shall:

      (a) Arrange the original applications to register to vote for the entire county in a manner in which an original application may be quickly located. These original applications constitute the registrar of voters’ register.

      (b) Segregate the applications to register to vote in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the applications to register to vote in alphabetical order. These listings of applications to register to vote must be used to prepare the rosters.

 


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      3.  Each county clerk shall keep the applications to preregister to vote separate from the applications to register to vote until such applications are deemed to be applications to register to vote pursuant to section 14 of this act.

      Sec. 46. (Deleted by amendment.)

      Sec. 47. NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any person who meets the qualifications set forth in section 14 of this act residing within the county may preregister to vote and any elector residing within the county may register to vote:

      (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to preregister or register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;

      (b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.524 or chapter 293D of NRS;

      (d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237; or

      (e) By submitting an application to preregister or register to vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before preregistering or registering the person. If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083. For the purposes of this subsection, a voter registration card issued pursuant to subsection 6 does not provide proof of the residence or identity of a person.

      2.  The application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.

      3.  Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.

      4.  [An] A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote [.] , as applicable. The person or elector may obtain a new application:

      (a) At the office of the county clerk or field registrar;

      (b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;

      (d) At any voter registration agency; or

      (e) By submitting an application to preregister or register to vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

 


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Ê If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

      5.  Except as otherwise provided in subsection 7, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.

      6.  After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210, the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter which contains:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of issuance; and

      (c) The signature of the county clerk.

      7.  If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application [to register to vote] if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application [to register to vote of the elector] is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to section 14 of this act or the elector is not eligible to vote pursuant to NRS 293.485 [.] , as applicable. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the person or elector , as applicable, and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:

      (a) The application [to register to vote of the elector] is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to section 14 of this act or the elector is eligible to vote pursuant to NRS 293.485; and

      (b) The county clerk should proceed to process the application . [to register to vote.]

Ê If the District Attorney advises the county clerk to process the application , [to register to vote,] the county clerk shall immediately issue a voter registration card to the applicant pursuant to subsection 6 [.] , if applicable.

      Sec. 48. NRS 293.518 is hereby amended to read as follows:

      293.518  1.  At the time a person preregisters or an elector registers to vote , the person or elector must indicate:

      (a) A political party affiliation; or

      (b) That he or she is not affiliated with a political party.

Ê [An] A person or an elector who indicates that he or she is “independent” shall be deemed not affiliated with a political party.

      2.  If a person or an elector indicates that he or she is not affiliated with a political party, or is independent, the county clerk or field registrar of voters shall list the person’s or elector’s political party as nonpartisan.

      3.  If a person or an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall list the person’s or elector’s political party as indicated by the person or elector.

 


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      4.  If a person or an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as the party indicated in the application to preregister or register to vote [.] , as applicable.

      (b) When compiling data related to preregistration and voter registration for the county, report the person’s or elector’s political party as “other party.”

      5.  If a person or an elector does not make any of the indications described in subsection 1, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as nonpartisan; and

      (b) Mail to the person or elector a notice setting forth that the person has been preregistered or the elector has been registered to vote , as applicable, as a nonpartisan because [the elector] he or she did not make any of the indications described in subsection 1.

      Sec. 49. NRS 293.520 is hereby amended to read as follows:

      293.520  Except as otherwise provided in this section, the preregistration of persons or the registration or reregistration of electors who are unable to sign their names must be made upon personal application of those persons or electors at the office of the county clerk where they may be identified or in the presence of a field registrar. If such a person or an elector is unable to appear in person at the office of the county clerk, the county clerk shall send a field registrar or an employee of the office of the county clerk to the elector to identify the person or elector and preregister the person or register or reregister the elector, as appropriate. The persons or electors described in this section may use a mark or cross in place of a signature.

      Sec. 50. NRS 293.523 is hereby amended to read as follows:

      293.523  A naturalized citizen need not produce his or her certificate of naturalization in order to qualify to be preregistered or registered.

      Sec. 51. NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502 and chapter 293D of NRS, a person may preregister or register to vote by mailing an application to preregister or register to vote to the county clerk of the county in which the person resides or may preregister or register to vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register to vote. The county clerk shall, upon request, mail an application to preregister or register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to preregister to vote may be used to correct information in a previous application. An application to register to vote may be used to correct information in the registrar of voters’ register.

      2.  An application to preregister or register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

      3.  The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection 10 and signing the application.

      4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

 


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      5.  If the county clerk determines that the application is complete, he or she shall, within 10 days after receiving the application, mail to the applicant:

      (a) A notice that the applicant is preregistered or registered to vote [and] , as applicable. If the applicant is registered to vote, the county clerk must also mail to the applicant a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) A notice that the person’s application to preregister to vote or the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

      6.  Except as otherwise provided in subsection 5 of NRS 293.518, if the county clerk determines that the application is not complete, the county clerk shall, as soon as possible, mail a notice to the applicant that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:

      (a) A notice that the applicant is [registered] :

             (1) Preregistered to vote; or

             (2) Registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) A notice that the person’s application to preregister to vote or the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

Ê If the applicant does not provide the additional information within the prescribed period, the application is void.

      7.  The applicant shall be deemed to be preregistered or registered or to have corrected the information in the application to preregister to vote or the registrar of voters’ register on the date the application is postmarked or received by the county clerk, whichever is earlier.

      8.  If the applicant fails to check the box described in paragraph (b) of subsection 10, the application shall not be considered invalid and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at the assigned polling place.

      9.  The Secretary of State shall prescribe the form for [an application] applications to preregister or register to vote by:

      (a) Mail, which must be used to preregister or register to vote by mail in this State.

      (b) Computer, which must be used to preregister or register to vote in a county if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote.

      10.  The application to preregister or register to vote by mail must include:

      (a) A notice in at least 10-point type which states:

 

       NOTICE: You are urged to return your application [to register to vote] to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be preregistered or registered to vote [.] , as applicable. Please retain the duplicate copy or receipt from your application to preregister or register to vote.

 


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      (b) The question, “Are you a citizen of the United States?” and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.

      (c) [The] If the application is to:

             (1) Preregister to vote, the question, “Are you at least 17 years of age and not more than 18 years of age?” and boxes to indicate whether or not the applicant is at least 17 years of age and not more than 18 years of age.

             (2) Register to vote, the question, “Will you be at least 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.

      (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in :

             (1) If the application is to preregister to vote, paragraph (b) or subparagraph (1) of paragraph (c).

             (2) If the application is to register to vote, paragraph (b) or subparagraph (2) of paragraph (c).

      (e) A statement informing the applicant that if the application is submitted by mail and the applicant is preregistering or registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.

      11.  Except as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall not preregister or register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      12.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on the application to preregister or register to vote in the manner set forth in NRS 293.530.

      13.  A person who, by mail, preregisters or registers to vote pursuant to this section may be assisted in completing the application to preregister or register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

      14.  An application to preregister or register to vote must be made available to all persons, regardless of political party affiliation.

      15.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.

      16.  A person who willfully violates any of the provisions of subsection 13, 14 or 15 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      17.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

 


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      Sec. 52. NRS 293.5237 is hereby amended to read as follows:

      293.5237  Any time [before] :

      1.  A person who, because of illness, disability or for other good cause shown, requires assistance to complete an application to preregister to vote may request the county clerk in writing or by telephone to preregister the person at the person’s residence. Upon request, the county clerk shall direct the appropriate field registrar to go to the home of such a person to preregister the person to vote.

      2.  Before the fifth Sunday preceding an election, a person who because of illness, disability or for other good cause shown requires assistance to complete an application to register to vote may request the county clerk in writing or by telephone to register the person at the person’s residence. Upon request, the county clerk shall direct the appropriate field registrar to go to the home of such a person to register the person to vote.

      Sec. 53. NRS 293.524 is hereby amended to read as follows:

      293.524  1.  The Department of Motor Vehicles shall provide an application to preregister or register to vote to each person who applies for the issuance or renewal of any type of driver’s license or identification card issued by the Department.

      2.  The county clerk shall use the applications to preregister or register to vote which are signed and completed pursuant to subsection 1 to preregister or register applicants to vote or to correct information in a person’s previous application to preregister or the registrar of voters’ register. An application that is not signed must not be used to preregister or register or correct the preregistration or registration of the applicant.

      3.  For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. The applications must be forwarded daily during the 2 weeks immediately preceding the fifth Sunday preceding an election.

      4.  The county clerk shall accept any application to [register] :

      (a) Preregister to vote at any time.

      (b) Register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the fifth Sunday preceding an election if the county clerk receives the application not later than 5 days after that date.

      5. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If the county clerk or field registrar of voters determines that the application is complete, he or she shall notify the applicant and the applicant shall be deemed to be preregistered or registered as of the date of the submission of the application. If the county clerk or field registrar of voters determines that the application is not complete, he or she shall notify the applicant of the additional information required. The applicant shall be deemed to be preregistered or registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed.

 


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notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

      [5.]6.  The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information on a previous application to preregister or in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of preregistration or voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to preregister or register to vote.

      [6.]7.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the application to preregister to vote or the registrar of voters’ register [. If the person is a registered voter, the] , as applicable. The county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that the records have been corrected.

      [7.]8.  The Secretary of State shall, with the approval of the Director, adopt regulations to:

      (a) Establish any procedure necessary to provide a person who applies to preregister to vote or an elector who applies to register to vote pursuant to this section the opportunity to do so;

      (b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and

      (c) Provide for the transfer of the completed applications of preregistration or registration from the Department to the appropriate county clerk . [for inclusion in the rosters and registrar of voters’ register.]

      Sec. 54.  (Deleted by amendment.)

      Sec. 55. NRS 293.527 is hereby amended to read as follows:

      293.527  When a person moves to another county and preregisters to vote therein, or an elector moves to another county and registers to vote therein, the county clerk of the county where the person or elector has moved shall send a cancellation notice to the clerk of the county in which the person or elector previously resided. The county clerk receiving such a notice shall cancel the preregistration or registration of the person or elector and place it in a cancelled file.

      Sec. 56. NRS 293.530 is hereby amended to read as follows:

      293.530  1.  Except as otherwise provided in NRS 293.541:

      [1.](a) County clerks may use any reliable and reasonable means available to correct the portions of the statewide voter registration list which are relevant to the county clerks and to determine whether a registered voter’s current residence is other than that indicated on the voter’s application to register to vote.

      [2.](b) A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass or by any other method.

 


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      [3.](c) A county clerk shall cancel the registration of a voter pursuant to this [section] subsection if:

      [(a)](1) The county clerk mails a written notice to the voter which the United States Postal Service is required to forward;

      [(b)](2) The county clerk mails a return postcard with the notice which has a place for the voter to write his or her new address, is addressed to the county clerk and has postage guaranteed;

      [(c)](3) The voter does not respond; and

      [(d)](4) The voter does not appear to vote in an election before the polls have closed in the second general election following the date of the notice.

      [4.](d) For the purposes of this [section,] subsection, the date of the notice is deemed to be 3 days after it is mailed.

      [5.](e) The county clerk shall maintain records of:

      [(a)](1) Any notice mailed pursuant to [subsection 3;

      (b)]paragraph (c);

             (2) Any response to such notice; and

      [(c)](3) Whether a person to whom a notice is mailed appears to vote in an election,

Ê for not less than 2 years after creation.

      [6.](f) The county clerk shall use any postcards which are returned to correct the portions of the statewide voter registration list which are relevant to the county clerk.

      [7.](g) If a voter fails to return the postcard mailed pursuant to [subsection 3] paragraph (c) within 30 days, the county clerk shall designate the voter as inactive on the voter’s application to register to vote.

      [8.](h) The Secretary of State shall adopt regulations to prescribe the method for maintaining a list of voters who have been designated as inactive pursuant to [subsection 7.] paragraph (g).

      2.  A county clerk is not required to take any action pursuant to this section in relation to a person who preregisters to vote until the person is deemed to be registered to vote pursuant to section 14 of this act.

      Sec. 57. NRS 293.535 is hereby amended to read as follows:

      293.535  1.  The county clerk shall notify a registrant if any elector or other reliable person files an affidavit with the county clerk stating that:

      (a) The registrant is not a citizen of the United States; or

      (b) The registrant has:

             (1) Moved outside the boundaries of the county where he or she is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his or her residence in the county where registered; and

             (2) Established residence in some other state, territory or foreign country, or in some other county of this state, naming the place.

Ê The affiant must state that he or she has personal knowledge of the facts set forth in the affidavit.

      2.  Upon the filing of an affidavit pursuant to paragraph (b) of subsection 1, the county clerk shall notify the registrant in the manner set forth in NRS 293.530 and shall enclose a copy of the affidavit. If the registrant fails to respond or appear to vote within the required time, the county clerk shall cancel the registration.

      3.  An affidavit filed pursuant to paragraph (a) of subsection 1 must be filed not later than 30 days before an election. Upon the filing of such an affidavit, the county clerk shall notify the registrant by registered or certified mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit.

 


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mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of citizenship, the county clerk shall cancel the registration.

      4.  The provisions of this section do not prevent the challenge provided for in NRS 293.303 or 293C.292.

      5.  A county clerk is not required to take any action pursuant to this section in relation to a person who is preregistered to vote until the person is deemed to be registered to vote pursuant to section 14 of this act.

      Sec. 58. NRS 293.537 is hereby amended to read as follows:

      293.537  1.  The county clerk of each county shall maintain [a] :

      (a) A file of the applications to preregister to vote of persons who have cancelled their preregistration; and

      (b) A file of the applications to register to vote of electors who have cancelled their registration.

Ê The [file] files must be kept in alphabetical order. The county clerk shall mark the applications “Cancelled,” and indicate thereon the reason for cancellation.

      2.  If the county clerk finds that the preregistration of a person was cancelled erroneously, the county clerk shall reinstate the person’s application to preregister to vote.

      3.  If the county clerk finds that the registration of an elector was cancelled erroneously, the county clerk shall reregister the elector or on election day allow the elector whose registration was erroneously cancelled to vote pursuant to NRS 293.304, 293.525, 293C.295 or 293C.525.

      [2.]4.  The county clerk may:

      (a) Microfilm the applications to preregister or register to vote of a person or an elector who cancels his or her preregistration or registration , as applicable, and destroy the originals at any time.

      (b) Record cancelled applications to preregister or register to vote by computer and destroy the originals at any time.

      (c) Destroy any application to preregister or register to vote of a person or an elector who cancels his or her preregistration or registration, as applicable, after the expiration of 3 years after the date of cancellation.

      Sec. 59. NRS 293.540 is hereby amended to read as follows:

      293.540  1.  The county clerk shall cancel the preregistration of a person:

      (a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerk’s office.

      (b) At the request of the person.

      (c) If the county clerk has discovered an incorrect preregistration pursuant to the provisions of NRS 293.5235 and the person has failed to respond within the required time.

      (d) As required by NRS 293.541.

      (e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.

      2.  The county clerk shall cancel the registration [:] of a person:

      [1.](a) If the county clerk has personal knowledge of the death of the person [registered,] or if an authenticated certificate of the death of [any elector] the person is filed in the county clerk’s office.

 


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      [2.](b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person [registered] lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.

      [3.](c) Upon the determination that the person [registered] has been convicted of a felony unless:

      [(a)](1) If the person [registered] was convicted of a felony in this State, the right to vote of the person has been restored pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

      [(b)](2) If the person [registered] was convicted of a felony in another state, the right to vote of the person has been restored pursuant to the laws of the state in which the person was convicted.

      [4.](d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

      [5.](e) Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.

      [6.](f) At the request of the person . [registered.

      7.](g) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the required time.

      [8.](h) As required by NRS 293.541.

      [9.](i) Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.

      Sec. 60. NRS 293.541 is hereby amended to read as follows:

      293.541  1.  The county clerk shall cancel the preregistration of a person or the registration of a voter if:

      (a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the [registration] application to preregister or register to vote concerning the identity or residence of the person or voter is fraudulent;

      (b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and

      (c) The person or voter fails to present satisfactory proof of identity and residence pursuant to subsection 2, 4 or 5.

      2.  Except as otherwise provided in subsection 3, the county clerk shall notify the person or voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the person or voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of identity and residence to the county clerk, the county clerk shall cancel the person’s preregistration or the voter’s registration [.] , as applicable.

      3.  If insufficient time exists before a pending election to provide the notice required by subsection 2 [,] to a registered voter, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters’ register and:

      (a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the roster.

 


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      (b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the roster.

      4.  If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if the voter furnishes:

      (a) Official identification which contains a photograph of the voter, including, without limitation, a driver’s license or other official document; and

      (b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster.

      5.  If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day.

      6.  For the purposes of this section, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the:

      (a) Address at which a person actually resides; or

      (b) Residence or identity of a person.

      Sec. 61. NRS 293.543 is hereby amended to read as follows:

      293.543  1.  If the registration of an elector is cancelled pursuant to paragraph (b) of subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been found by the district court to have the mental capacity to vote. The court must include the finding in a court order and, not later than 30 days after issuing the order, provide a certified copy of the order to the county clerk of the county in which the person is a resident and to the Office of the Secretary of State.

      2.  If the registration of an elector is cancelled pursuant to paragraph (c) of subsection [3] 2 of NRS 293.540, the elector may reregister after presenting satisfactory evidence which demonstrates that the elector’s:

      (a) Conviction has been overturned; or

      (b) Civil rights have been restored:

             (1) If the elector was convicted in this State, pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

             (2) If the elector was convicted in another state, pursuant to the laws of the state in which he or she was convicted.

      3.  If the registration of an elector is cancelled pursuant to the provisions of paragraph (e) of subsection [5] 2 of NRS 293.540, the elector may reregister immediately.

      4.  If the registration of an elector is cancelled pursuant to the provisions of paragraph (f) of subsection [6] 2 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.

      Secs. 61.3, 61.6, 62, 62.5, 63 and 63.5.(Deleted by amendment.)

      Sec. 64. NRS 293.675 is hereby amended to read as follows:

      293.675  1.  The Secretary of State shall establish and maintain an official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk.

 


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      2.  The statewide voter registration list must:

      (a) Be a uniform, centralized and interactive computerized list;

      (b) Serve as the single method for storing and managing the official list of registered voters in this State;

      (c) Serve as the official list of registered voters for the conduct of all elections in this State;

      (d) Contain the name and registration information of every legally registered voter in this State;

      (e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this State;

      (f) Except as otherwise provided in subsection 6, be coordinated with the appropriate databases of other agencies in this State;

      (g) Be electronically accessible to each state and local election official in this State at all times;

      (h) Except as otherwise provided in subsection 7, allow for data to be shared with other states under certain circumstances; and

      (i) Be regularly maintained to ensure the integrity of the registration process and the election process.

      3.  Each county and city clerk shall:

      (a) [Electronically] Except for information related to the preregistration of persons to vote, electronically enter into the statewide voter registration list all information related to voter registration obtained by the county or city clerk at the time the information is provided to the county or city clerk; and

      (b) Provide the Secretary of State with information concerning the voter registration of the county or city and other reasonable information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list.

      4.  In establishing and maintaining the statewide voter registration list, the Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles to match information in the database of the statewide voter registration list with information in the appropriate database of the Department of Motor Vehicles to verify the accuracy of the information in an application to register to vote.

      5.  The Department of Motor Vehicles shall enter into an agreement with the Social Security Administration pursuant to 42 U.S.C. § [15483,] 21083, to verify the accuracy of information in an application to register to vote.

      6.  Except as otherwise provided in NRS 481.063 or any provision of law providing for the confidentiality of information, the Secretary of State may enter into an agreement with an agency of this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list.

      7.  The Secretary of State may:

      (a) Request from the chief officer of elections of another state any information which the Secretary of State deems necessary to maintain the statewide voter registration list; and

      (b) Provide to the chief officer of elections of another state any information which is requested and which the Secretary of State deems necessary for the chief officer of elections of that state to maintain a voter registration list, if the Secretary of State is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list.

 


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      Sec. 65. NRS 293.710 is hereby amended to read as follows:

      293.710  1.  It is unlawful for any person, in connection with any election, petition or preregistration or registration of voters, whether acting himself or herself or through another person in his or her behalf, to:

      (a) Use or threaten to use any force, intimidation, coercion, violence, restraint or undue influence;

      (b) Inflict or threaten to inflict any physical or mental injury, damage, harm or loss upon the person or property of another;

      (c) Expose or publish or threaten to expose or publish any fact concerning another in order to induce or compel such other to vote or refrain from voting for any candidate or any question;

      (d) Impede or prevent, by abduction, duress or fraudulent contrivance, the free exercise of the franchise by any voter, or thereby to compel, induce or prevail upon any elector to give or refrain from giving his or her vote; or

      (e) Discharge or change the place of employment of any employee with the intent to impede or prevent the free exercise of the franchise by such employee.

      2.  A person who violates a provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Secs. 66 and 67. (Deleted by amendment.)

      Sec. 68. NRS 293.800 is hereby amended to read as follows:

      293.800  1.  A person who, for himself, herself or another person, willfully gives a false answer or answers to questions propounded to the person by the registrar or field registrar of voters relating to the information called for by the application to register to vote, or who willfully falsifies the application in any particular, or who violates any of the provisions of the election laws of this State or knowingly encourages another person to violate those laws is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  A public officer or other person, upon whom any duty is imposed by this title, who willfully neglects his or her duty or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this State, except where another penalty is provided, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  If the person is a public officer, his or her office is forfeited upon conviction of any offense provided for in subsection 2.

      4.  [A] Except as otherwise provided in this subsection, a person who causes or endeavors to cause his or her name to be registered, knowing that he or she is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he or she causes or endeavors to cause the registration to be made, and any other person who induces, aids or abets the person in the commission of either of the acts is guilty of a category E felony and shall be punished as provided in NRS 193.130. The provisions of this subsection do not apply to a person who preregisters to vote.

      5.  A field registrar or other person who provides to an elector an application to register to vote and who:

      (a) Knowingly falsifies the application or knowingly causes an application to be falsified;

 

 


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      (b) Knowingly provides money or other compensation to another for a falsified application; or

      (c) Intentionally fails to submit to the county clerk a completed application,

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

      Sec. 69. NRS 293.805 is hereby amended to read as follows:

      293.805  1.  It is unlawful for a person to provide compensation for preregistering or registering voters that is based upon:

      (a) The total number of persons or voters a person preregisters or registers; or

      (b) The total number of persons or voters a person preregisters or registers in a particular political party.

      2.  A person who violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 70. NRS 293.810 is hereby amended to read as follows:

      293.810  It is unlawful for any person to be preregistered to vote or registered as a voter in more than one county at one time.

      Secs. 71-76, 76.5, 77 and 78. (Deleted by amendment.)

      Sec. 79. NRS 293C.270 is hereby amended to read as follows:

      293C.270  1.  Except as otherwise provided in NRS 293C.272, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  The forms of identification that may be used to identify a voter at the polling place are:

      (a) The card issued to the voter at the time he or she registered to vote [;] or was deemed to be registered to vote;

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

      Sec. 80. NRS 293C.272 is hereby amended to read as follows:

      293C.272  1.  If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293C.270, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote [.] or was deemed to be registered to vote.

      2.  If the identity of the voter is verified, the election board officer shall indicate in the roster “Identified” by the voter’s name.

 


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      Sec. 81. NRS 293C.275 is hereby amended to read as follows:

      293C.275  1.  Except as otherwise provided in NRS 293C.272, a registered voter who applies to vote must state his or her name to the election board officer in charge of the roster, and the officer shall immediately announce the name, instruct the voter to sign the roster [and] or signature card, verify the signature of the voter in the manner set forth in NRS 293C.270.

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote [.] or was deemed to be registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Secs. 82, 82.2, 82.4, 82.6 and 82.8. (Deleted by amendment.)

      Sec. 83. NRS 293C.3585 is hereby amended to read as follows:

      293C.3585  1.  Except as otherwise provided in NRS 293C.272, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting [.] or a signature card.

      (c) Verify the signature of the voter in the manner set forth in NRS 293C.270.

      (d) Verify that the voter has not already voted in the current election pursuant to this section.

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote [.] or was deemed to be registered to vote.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election pursuant to this section.

      5.  The roster for early voting or signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

 


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      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

      Sec. 83.5. NRS 293C.3604 is hereby amended to read as follows:

      293C.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:

      1.  At the close of each voting day, the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (3) The number of ballots voted on the mechanical recording device for that day; [and]

             (4) The number of signatures in the roster for early voting for that day [.] ; and

             (5) The number of signatures on signature cards for that day.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293C.3594; and

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293C.3594.

      2.  At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) The voting rosters used for early voting;

      (c) The signature cards used for early voting;

      (d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      [(d)](e) Any other items as determined by the city clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Indicate the number of ballots on an official statement of ballots; and

      (b) Place the storage devices in the container provided to transport those items to the central counting place and seal the container with a number seal. The official statement of ballots must accompany the storage devices to the central counting place.

      Sec. 84. NRS 293C.389 is hereby amended to read as follows:

      293C.389  The governing body of a city, a city clerk and any other person who prepares an abstract of votes or other report of votes pursuant to this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to paragraph (g) of subsection [7] 1 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.

 


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this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to paragraph (g) of subsection [7] 1 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.

      Sec. 85. NRS 293C.520 is hereby amended to read as follows:

      293C.520  1.  The city clerk may designate any building owned or leased by the city, or any portion of such a building, as a municipal facility at which persons may preregister to vote or electors may register to vote.

      2.  A municipal facility designated pursuant to subsection 1 must be operated as an auxiliary municipal facility at which [voter] preregistration and registration [is] are carried out in addition to being carried out at the office of the city clerk.

      3.  If the city clerk designates a municipal facility pursuant to subsection 1, the city clerk shall determine the hours of operation for the facility and shall, in cooperation with the Secretary of State, ensure that the facility is operated, staffed and equipped in compliance with all applicable provisions of this title and all other applicable provisions of state and federal law relating to the preregistration of persons and registration of electors in this State.

      Secs. 85.5 and 86-89. (Deleted by amendment.)

      Sec. 90. NRS 293C.720 is hereby amended to read as follows:

      293C.720  Each city clerk is encouraged to:

      1.  Not later than the earlier date of the first notice provided pursuant to subsection 4 of NRS 293.560 or NRS 293C.187, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293C.281, 293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS 293C.317 and 293C.318.

      2.  Provide in alternative audio and visual formats information concerning elections, information concerning how to preregister or register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.

      3.  Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is:

      (a) Related to elections; and

      (b) Made available by the city clerk to the public in printed form.

      Sec. 91. NRS 293D.200 is hereby amended to read as follows:

      293D.200  1.  The Secretary of State shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.

      2.  The Secretary of State shall establish a system of approved electronic transmission through which covered voters may apply for, receive and send documents and other information pursuant to this chapter. The system of approved electronic transmission must include, without limitation, a method by which a covered voter may provide his or her digital signature or electronic signature on any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot pursuant to this chapter.

      3.  The Secretary of State shall develop standardized absentee-voting materials, including, without limitation, privacy and transmission envelopes and their electronic equivalents, authentication materials and voting instructions, to be used with the military-overseas ballot of a covered voter authorized to vote in any jurisdiction in this State and, to the extent reasonably possible, shall do so in coordination with other states.

 


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ê2017 Statutes of Nevada, Page 3873 (Chapter 548, SB 144)ê

 

and their electronic equivalents, authentication materials and voting instructions, to be used with the military-overseas ballot of a covered voter authorized to vote in any jurisdiction in this State and, to the extent reasonably possible, shall do so in coordination with other states.

      4.  The Secretary of State shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the covered voter’s identity, eligibility to vote, status as a covered voter and timely and proper completion of a military-overseas ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42] 52 U.S.C. § [1973ff-2,] 20303, as modified to be consistent with this chapter. The Secretary of State shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

      5.  The Secretary of State shall prescribe by regulation the duties of a local elections official upon receipt of a military-overseas ballot, including, without limitation, the procedures to be used by a local elections official in accepting, handling and counting a military-overseas ballot.

      6.  The Secretary of State shall prescribe the form and content of an application for a United States citizen who is outside the United States to preregister to vote if:

      (a) The person would have been able to preregister to vote pursuant to section 14 of this act except for the residency requirement; and

      (b) The last place where a parent or legal guardian of the person was, or under this chapter would have been, eligible to vote before leaving the United States is within this State.

      Sec. 92. NRS 293D.210 is hereby amended to read as follows:

      293D.210  An overseas voter is eligible to be a covered voter if:

      1.  Before leaving the United States, the overseas voter was eligible to vote in this State and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements;

      2.  Before leaving the United States, the overseas voter would have been eligible to vote in this State had the overseas voter then been of voting age and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements; [or]

      3.  [Was] Before leaving the United States, the overseas voter was preregistered to vote as described in section 14 of this act and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements; or

      4. The overseas voter was born outside the United States and, except for the residency requirement, otherwise satisfies the voter eligibility requirements set forth in NRS 293.485, so long as:

      (a) The last place where a parent or legal guardian of the overseas voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this State; and

      (b) The overseas voter is not registered to vote in any other state.

      Sec. 93. NRS 293D.230 is hereby amended to read as follows:

      293D.230  1.  In addition to any other method of registering to vote set forth in chapter 293 of NRS, a covered voter may use a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, [42] 52 U.S.C. § [1973ff(b)(2),] 20301(b)(2), or the application’s electronic equivalent, to apply to register to vote [.]

 


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ê2017 Statutes of Nevada, Page 3874 (Chapter 548, SB 144)ê

 

Overseas Citizens Absentee Voting Act, [42] 52 U.S.C. § [1973ff(b)(2),] 20301(b)(2), or the application’s electronic equivalent, to apply to register to vote [.] , if the federal postcard application is received by the appropriate local elections official by the seventh day before the election. If the federal postcard application is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections.

      2.  A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42] 52 U.S.C. § [1973ff-2,] 20303, to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the seventh day before the election. If the declaration is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections.

      3.  The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting:

      (a) Both a federal postcard application and any other approved electronic registration application sent to the appropriate local elections official; and

      (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

      4.  The covered voter may use the system of approved electronic transmission or any other method set forth in chapter 293 of NRS to register to vote.

      Sec. 94. NRS 293D.300 is hereby amended to read as follows:

      293D.300  1.  A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, [42] 52 U.S.C. § [1973ff(b)(2),] 20301(b)(2), or the application’s electronic equivalent, [pursuant to this section.] if the federal postcard application is received by the appropriate local elections official by the seventh day before the election.

      2.  A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot [.] , if the federal postcard application is received by the appropriate local elections official by the seventh day before the election. If the federal postcard application is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections.

      3.  The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of:

      (a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and

      (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

      4.  A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.

 


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ê2017 Statutes of Nevada, Page 3875 (Chapter 548, SB 144)ê

 

      5.  A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42] 52 U.S.C. § [1973ff-2,] 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate local elections official by the seventh day before the election.

      6.  To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:

      (a) The use of a federal postcard application or federal write-in absentee ballot;

      (b) The use of an overseas address on an approved voting registration application or ballot application; and

      (c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.

      7.  This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of NRS 293.315 or voting in person.

      Sec. 95. (Deleted by amendment.)

      Sec. 96. NRS 293D.320 is hereby amended to read as follows:

      293D.320  1.  For all covered elections for which this State has not received a waiver pursuant to section 579 of the Military and Overseas Voter Empowerment Act, [42 U.S.C. § 1973ff-1(g)(2),] 52 U.S.C. § 20302, not later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, not later than the business day preceding the 45th day, the local elections official in each jurisdiction charged with distributing military-overseas ballots and balloting materials shall transmit military-overseas ballots and balloting materials to all covered voters who by that date submit a valid application for military-overseas ballots.

      2.  A covered voter who requests that a military-overseas ballot and balloting materials be sent to the covered voter by approved electronic transmission may choose to receive the military-overseas ballot and balloting materials by:

      (a) Facsimile transmission;

      (b) Electronic mail delivery; or

      (c) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

Ê The local elections official in each jurisdiction shall transmit the military-overseas ballot and balloting materials to the covered voter using the means of approved electronic transmission chosen by the covered voter.

      3.  If an application for a military-overseas ballot from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to other voters, the local elections official shall transmit the military-overseas ballot and balloting materials to the covered voter not later than 2 business days after the application arrives.

      4.  If a covered voter does not receive his or her military-overseas ballot and balloting materials for any reason, including, without limitation, as a result of a change in the duty station of the covered voter, the covered voter may, not later than the close of polls on election day:

 


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ê2017 Statutes of Nevada, Page 3876 (Chapter 548, SB 144)ê

 

      (a) Request that the local elections official resend to the covered voter his or her military-overseas ballot and balloting materials by:

             (1) Facsimile transmission;

             (2) Electronic mail delivery; or

             (3) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

      (b) Cast his or her military-overseas ballot by:

             (1) Facsimile transmission;

             (2) Electronic mail delivery; or

             (3) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

      Sec. 97. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.504, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.

 


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ê2017 Statutes of Nevada, Page 3877 (Chapter 548, SB 144)ê

 

483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 14 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

 


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ê2017 Statutes of Nevada, Page 3878 (Chapter 548, SB 144)ê

 

      Sec. 98. (Deleted by amendment.)

      Sec. 99. NRS 483.290 is hereby amended to read as follows:

      483.290  1.  An application for an instruction permit or for a driver’s license must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  Every applicant must furnish proof of his or her full legal name and age by displaying:

      (a) An original or certified copy of the required documents as prescribed by regulation; or

      (b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511.

      3.  The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 2.

      4.  At the time of applying for a driver’s license, an applicant may, if eligible, preregister or register to vote pursuant to NRS 293.524.

      5.  Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

      6.  The Department may refuse to accept a driver’s license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a driver’s license.

      7.  With respect to any document presented by a person who was born outside of the United States to prove his or her full legal name and age, the Department:

      (a) May, if the document has expired, refuse to accept the document or refuse to issue a driver’s license to the person presenting the document, or both; and

      (b) Shall issue to the person presenting the document a driver’s license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the driver’s license is valid for 1 year beginning on the date of issuance.

 


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ê2017 Statutes of Nevada, Page 3879 (Chapter 548, SB 144)ê

 

      8.  The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a driver’s license in accordance with this section to a person who is a citizen of any state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a driver’s license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

      9.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in NRS 232.006.

      Sec. 100. NRS 483.850 is hereby amended to read as follows:

      483.850  1.  Every application for an identification card must be made upon a form provided by the Department and include, without limitation:

      (a) The applicant’s:

             (1) Full legal name.

             (2) Date of birth.

             (3) State of legal residence.

             (4) Current address of principal residence and mailing address, if different from his or her address of principal residence, in this State, unless the applicant is on active duty in the military service of the United States.

      (b) A statement from:

             (1) A resident stating that he or she does not hold a valid driver’s license or identification card from any state or jurisdiction; or

             (2) A seasonal resident stating that he or she does not hold a valid Nevada driver’s license.

      2.  When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.

      3.  An applicant who has been issued a social security number must provide to the Department for inspection:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department bearing the social security number of the applicant, including, without limitation, records of employment or federal income tax returns.

      4.  At the time of applying for an identification card, an applicant may, if eligible, preregister or register to vote pursuant to NRS 293.524.

      5.  A person who possesses a driver’s license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the Department the driver’s license or identification card issued by the other state or jurisdiction at the time the person applies for an identification card pursuant to this section.

      Secs. 101-107. (Deleted by amendment.)

      Sec. 108.  This act becomes effective:

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

      2.  On January 1, 2018, for all other purposes.

________

 


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ê2017 Statutes of Nevada, Page 3880ê

 

CHAPTER 549, AB 207

Assembly Bill No. 207–Assemblymen Fumo, Miller, Ohrenschall, Thompson; McCurdy II, Monroe-Moreno and Yeager

 

CHAPTER 549

 

[Approved: June 12, 2017]

 

AN ACT relating to juries; revising the provisions governing the selection of jurors; requiring the jury commissioner to report certain information about trial jurors to the Court Administrator; prohibiting certain conduct relating to the use of certain employment information; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a district court is authorized to assign a jury commissioner to select trial jurors. Existing law provides that the jury commissioner assigned to select trial jurors is required to select jurors from qualified electors of the county not exempt from jury duty, whether registered as voters or not. (NRS 6.045) Existing law further requires the Department of Motor Vehicles to provide a list of registered owners of motor vehicles and a list of licensed drivers for use in selecting jurors. (NRS 482.171, 483.225) Certain public utilities are also required to provide a list of customers for use in the selection of jurors. (NRS 704.206) Section 4.7 of this bill requires the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to provide a list of persons who receive benefits for use in jury selection.

      Section 1 of this bill revises the process for selecting trial jurors by requiring the jury commissioner to compile and maintain a list of qualified electors from information provided by: (1) a list of persons who are registered to vote in the county; (2) the Department of Motor Vehicles; (3) the Employment Security Division of the Department of Employment, Training and Rehabilitation; and (4) certain public utilities. Section 1 also requires the jury commissioner to: (1) keep a record of the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service; and (2) report this information once a year to the Court Administrator.

      Existing law makes confidential the employment information collected by the Employment Security Division of the Department of Employment, Training and Rehabilitation and prohibits the release of such information except for limited purposes. (NRS 612.265) Section 4.7 provides that if, in addition to those acts prohibited by existing law, certain persons use information collected by the Division for purposes other than those authorized by the Administrator or by law, or fail to protect and prevent the unauthorized use or dissemination of such information, the person is guilty of a gross misdemeanor.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 6.045 is hereby amended to read as follows:

      6.045  1.  The district court may by rule of court designate the clerk of the court, one of the clerk’s deputies or another person as a jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.

 


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ê2017 Statutes of Nevada, Page 3881 (Chapter 549, AB 207)ê

 

      2.  If a jury commissioner is so selected, the jury commissioner shall from time to time estimate the number of trial jurors which will be required for attendance on the district court and shall select that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the jury commissioner. [The jury commissioner shall keep a record of the name, occupation and address of each person selected.]

      3.  The jury commissioner shall, for the purpose of selecting trial jurors, compile and maintain a list of qualified electors from information provided by:

      (a) A list of persons who are registered to vote in the county;

      (b) The Department of Motor Vehicles pursuant to NRS 482.171 and 483.225;

      (c) The Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 612.265; and

      (d) A public utility pursuant to NRS 704.206.

      4.  In compiling and maintaining the list of qualified electors, the jury commissioner shall avoid duplication of names.

      5.  The jury commissioner shall:

      (a) Keep a record of the name, occupation, address and race of each trial juror selected pursuant to subsection 2;

      (b) Keep a record of the name, occupation, address and race of each trial juror who appears for jury service; and

      (c) Prepare and submit a report to the Court Administrator which must:

             (1) Include statistics from the records required to be maintained by the jury commissioner pursuant to this subsection, including, without limitation, the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service;

             (2) Be submitted at least once a year; and

             (3) Be submitted in the time and manner prescribed by the Court Administrator.

      6.  The jury commissioner shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county to do the required jury duty.

      Sec. 2. NRS 482.171 is hereby amended to read as follows:

      482.171  1.  The Department shall provide a list of registered owners of motor vehicles in any county upon the request of a district judge or jury commissioner of the judicial district in which the county lies for use by the district judge or jury commissioner for purposes of jury selection.

      2.  The court [which] or jury commissioner who requests the list shall reimburse the Department for the reasonable cost of the list.

      Sec. 3. NRS 483.225 is hereby amended to read as follows:

      483.225  1.  The Department shall provide a list of licensed drivers in any county upon the request of a district judge or jury commissioner of the judicial district in which the county lies for use in selecting jurors.

      2.  The court [which] or jury commissioner who requests the list shall reimburse the Department for the reasonable cost of the list.

      Secs. 4 and 4.5. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 3882 (Chapter 549, AB 207)ê

 

      Sec. 4.7. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.040, make the information obtained by the Division available to:

      (a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

      (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

      4.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation;

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS; and

      (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      5.  Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable.

 


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ê2017 Statutes of Nevada, Page 3883 (Chapter 549, AB 207)ê

 

debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      6.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      7.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      8.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      10.  Upon the request of any district judge or jury commissioner of the judicial district in which the county is located, the Administrator shall, in accordance with other agreements entered into with other district courts and in compliance with 20 C.F.R. Part 603, and any other applicable federal laws and regulations governing the Division, furnish the name, address and date of birth of persons who receive benefits in any county, for use in the selection of trial jurors pursuant to NRS 6.045.

 


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ê2017 Statutes of Nevada, Page 3884 (Chapter 549, AB 207)ê

 

use in the selection of trial jurors pursuant to NRS 6.045. The court or jury commissioner who requests the list of such persons shall reimburse the Division for the reasonable cost of providing the requested information.

      11.  The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

      [11.]12.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      [12.  If any employee or member of the Board of Review, the]

      13.  The Administrator , [or] any employee or other person acting on behalf of the Administrator, [in violation of the provisions of this section, discloses] or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or [if] any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter [uses] , is guilty of a gross misdemeanor if he or she:

      (a) Uses or permits the use of the list for any political purpose [, he or she is guilty of a gross misdemeanor.

      13.];

      (b) Uses or permits the use of the list for any purpose other than one authorized by the Administrator or by law; or

      (c) Fails to protect and prevent the unauthorized use or dissemination of information derived from the list.

      14.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 5.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 3885ê

 

CHAPTER 550, SB 232

Senate Bill No. 232–Senators Segerblom, Manendo, Cancela, Parks; and Woodhouse

 

Joint Sponsors: Assemblymen Neal; Araujo, Daly and Joiner

 

CHAPTER 550

 

[Approved: June 12, 2017]

 

AN ACT relating to domestic workers; enacting the Domestic Workers’ Bill of Rights; providing for the mandatory payment of wages and, under certain circumstances, overtime wages for certain hours worked, limitations on deductions for food and lodging, rest breaks and days off; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that employees must be paid a minimum wage and must be paid overtime for certain hours. (NRS 608.018, 608.250; Nev. Const. Art. 15, § 16) Section 6 of this bill enacts the Domestic Workers’ Bill of Rights. Section 6 defines a “domestic worker” to mean a natural person who is paid by an employer to perform work of a domestic nature and requires that an employer of a domestic worker supply the domestic worker with certain written documentation of the conditions of his or her employment and his or her rights under the law. Section 6 also requires that a domestic worker be compensated for all hours during which he or she is required to be on duty and is required to remain in the employer’s household, except under certain circumstances in which the domestic worker is employed at a residential facility for a group of certain persons who require supervision, care or other assistance. Section 6 requires that a domestic worker who is paid less than one and one-half times the minimum hourly wage must be paid overtime wages under certain circumstances. Section 6 further requires that a domestic worker be allowed at least 1 day off per week and 2 consecutive days off at least once per month. Section 6 also prohibits an employer from limiting or monitoring a domestic worker’s private communications or taking or holding such a worker’s personal documents. Section 1 of this bill sets limits on the amount an employer may deduct from a worker’s pay for lodging provided by the employer. Section 2 of this bill revises the amounts an employer may deduct from a worker’s pay for meals. Existing law provides that children under the age of 16 years employed in domestic service, farm labor or motion picture performances are exempt from limitations on working hours. (NRS 609.240) Section 3 of this bill deletes the exemption for children employed in domestic service.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of lodging. In no case may the value of the lodging be computed at more than five times the statutory minimum hourly wage for each week that lodging is provided to the employee.

      2.  The monetary limitations on the value of lodging specified in subsection 1 do not apply to agricultural employees.

 


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ê2017 Statutes of Nevada, Page 3886 (Chapter 550, SB 232)ê

 

      Sec. 1.5. NRS 608.018 is hereby amended to read as follows:

      608.018  1.  An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works:

      (a) More than 40 hours in any scheduled week of work; or

      (b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

      2.  An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works more than 40 hours in any scheduled week of work.

      3.  The provisions of subsections 1 and 2 do not apply to:

      (a) [Employees] Except as otherwise provided in paragraph (o), employees who are not covered by the minimum wage provisions of NRS 608.250;

      (b) Outside buyers;

      (c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;

      (d) Employees who are employed in bona fide executive, administrative or professional capacities;

      (e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

      (f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

      (g) Employees of a railroad;

      (h) Employees of a carrier by air;

      (i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

      (j) Drivers of taxicabs or limousines;

      (k) Agricultural employees;

      (l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;

      (m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; [and]

      (n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply [.] ; and

      (o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2.

      4.  As used in this section, “domestic worker” has the meaning ascribed to it in section 6 of this act.

      Sec. 2. NRS 608.155 is hereby amended to read as follows:

      608.155  1.  A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of meals. In no case shall the value of the meals be computed at more than [$1.50] 100 percent of the statutory minimum hourly wage per day. In no case shall the value of the meals consumed by such employee be computed or valued at more than [35 cents] 25 percent of the statutory minimum hourly wage for each breakfast actually consumed, [45 cents] 25 percent of the statutory minimum hourly wage for each lunch actually consumed, and [70 cents] 50 percent of the statutory minimum hourly wage for each dinner actually consumed.

 


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ê2017 Statutes of Nevada, Page 3887 (Chapter 550, SB 232)ê

 

or valued at more than [35 cents] 25 percent of the statutory minimum hourly wage for each breakfast actually consumed, [45 cents] 25 percent of the statutory minimum hourly wage for each lunch actually consumed, and [70 cents] 50 percent of the statutory minimum hourly wage for each dinner actually consumed.

      2.  The monetary limitations on the value of meals, contained in subsection 1, do not apply to agricultural employees.

      Sec. 3. NRS 609.240 is hereby amended to read as follows:

      609.240  1.  No child under the age of 16 years may be employed, permitted or suffered to work at any gainful occupation, other than [domestic service,] employment as a performer in the production of a motion picture or work on a farm, more than 48 hours in any 1 week, or more than 8 hours in any 1 day.

      2.  The presence of a child in any establishment during working hours is prima facie evidence of employment of the child therein.

      Sec. 4. Chapter 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5. This section and section 6 of this act may be cited as the Domestic Workers’ Bill of Rights.

      Sec. 6. 1.  The Legislature hereby declares that a domestic worker must be afforded the following rights and protections:

      (a) An employer shall provide to a domestic worker, when the domestic worker begins his or her employment, a written employment agreement outlining the conditions of his or her employment. If the domestic worker is not able to understand the provisions of the written agreement, the employer shall ensure that those provisions are explained to the domestic worker in a language that the domestic worker understands. The employment agreement must include, without limitation:

             (1) The full name and address of the employer;

             (2) The name of the domestic worker and a description of the duties for which he or she is being employed;

             (3) Each place where the domestic worker is required to work;

             (4) The date on which the employment will begin;

             (5) The period of notice required for either party to terminate the employment or, if the employment is for a specified period, the date on which the employment will end;

             (6) The ordinary workdays and hours of work required of the domestic worker, including any breaks;

             (7) The rate of pay, rate and conditions of overtime pay and any other payment or benefits, including, without limitation, health insurance, workers’ compensation insurance or paid leave, which the domestic worker is entitled to receive;

             (8) The frequency and method of pay;

             (9) Any deductions to be made from the domestic worker’s wages;

             (10) If the domestic worker is to reside in the employer’s household, the conditions under which the employer may enter the domestic worker’s designated living space; and

             (11) A notice of all applicable state and federal laws pertaining to the employment of domestic workers. A copy of the notice provided in subsection 3 will satisfy the requirement to comply with this subparagraph.

 


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ê2017 Statutes of Nevada, Page 3888 (Chapter 550, SB 232)ê

 

      (b) Except as otherwise provided in this section and subject to the provisions of chapter 608 of NRS, a domestic worker must, for all of his or her working time, be paid at least the minimum hourly wage published pursuant to Section 16 of Article 15 of the Nevada Constitution.

      (c) Except as otherwise provided in NRS 608.018, a domestic worker who is paid less than one and one-half times the minimum hourly wage must be paid not less than one and one-half times the domestic worker’s regular rate of wages for all working time in excess of 8 hours in a workday or 40 hours in a week of work in accordance with the provisions of NRS 608.018.

      (d) Except as otherwise provided in NRS 608.0195, if a domestic worker is required to be on duty, he or she must be paid for all working time, including, without limitation, sleeping time and meal breaks.

      (e) If a domestic worker is hired to work for 40 hours per week or more, his or her employer must provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month. The domestic worker may agree in writing to work on a scheduled day of rest but must be compensated for such time pursuant to this section.

      (f) An employer may deduct from the wages of a domestic worker an amount for food and beverages supplied by the employer if the domestic worker freely and voluntarily accepts such food and beverages and provides written consent for such a deduction. An employer must not make a deduction for food and beverages supplied by the employer if a domestic worker cannot easily bring or prepare meals on the premises. Any deduction for food and beverages pursuant to this paragraph must not exceed the limits set forth in NRS 608.155.

      (g) An employer may deduct from the wages of a domestic worker an amount for lodging if the domestic worker freely and voluntarily accepts such lodging and provides written consent for such a deduction. An employer may not make a deduction for lodging if the domestic worker is required to reside on the employer’s premises as a condition of his or her employment. Any deduction for lodging pursuant to this paragraph must not exceed the limits set forth in section 1 of this act.

      (h) If a domestic worker is required to wear a uniform, the employer may not deduct from his or her wages the cost of the uniform or its care.

      (i) An employer shall not restrict, interfere with or monitor a domestic worker’s private communications or take any of the domestic worker’s documents or other personal effects.

      (j) A domestic worker may request a written evaluation of his or her work performance from the employer 3 months after his or her employment begins and annually thereafter.

 

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 3889 (Chapter 550, SB 232)ê

 

      (k) If a domestic worker resides in the employer’s household and the employer terminates his or her employment without cause, the employer shall provide written notice and at least 30 days of lodging to the domestic worker, either on-site or in comparable off-site conditions.

      (l) An employer shall keep a record of the wages and hours of the domestic worker as required by NRS 608.115.

      2.  The provisions of this section are not intended to prevent an employer from providing greater wages and benefits than those required by this section.

      3.  The Labor Commissioner shall adopt regulations to carry out the provisions of this section and shall post on his or her Internet website, if any, a multilingual notice of employment rights provided under this section and any applicable state and federal laws pertaining to the employment of domestic workers.

      4.  As used in this section, unless the context otherwise requires:

      (a) “Domestic worker” means a natural person who is paid by an employer to perform work of a domestic nature for the employer’s household, including, without limitation, housekeeping, housecleaning, cooking, laundering, nanny services, caretaking of sick, convalescing or elderly persons, gardening or chauffeuring. The term:

             (1) Includes a natural person who is employed by a third-party service or agency; and

             (2) Does not include a natural person who provides services on a casual, irregular or intermittent basis.

      (b) “Employer” means a person who employs a domestic worker to work for the employer’s household.

      (c) “Household” means the premises of an employer’s residence and includes any living quarters on the employer’s property.

      (d) “On duty” means any period during which a domestic worker is working or is required to remain on the employer’s property.

      (e) “Period of rest” means a period during which the domestic worker has complete freedom from all duties and is free to leave the employer’s household or stay within the household solely for personal pursuits.

      (f) “Working time” means all compensable time, other than periods of rest, during which a domestic worker is on duty, regardless of whether the domestic worker is actually working.

      Sec. 7.  This act becomes effective:

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

      2.  On January 1, 2018, for all other purposes.

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ê2017 Statutes of Nevada, Page 3890ê

 

CHAPTER 551, AB 267

Assembly Bill No. 267–Assemblymen Araujo, Carlton, Frierson; Daly, Fumo, Jauregui, Monroe-Moreno and Spiegel

 

Joint Sponsors: Senators Segerblom, Cancela, Manendo, Parks and Cannizzaro

 

CHAPTER 551

 

[Approved: June 12, 2017]

 

AN ACT relating to industrial insurance; revising provisions governing prohibitions on the payment of compensation for disability caused by certain occupational diseases under certain circumstances; restricting the dissemination and use of the results of certain physical examinations required of certain firefighters, arson investigators and police officers for insurance coverage of cancer, lung disease and heart disease; authorizing the Administrator of the Division of Industrial Relations of the Department of Business and Industry to order the payment of a benefit penalty; providing for the payment of a claimant’s medical costs under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the payment of compensation under chapter 617 of NRS for temporary or permanent disability or death for the occupational diseases of lung disease and heart disease for certain firefighters, arson investigators and police officers. Existing law provides that these occupational diseases are conclusively presumed to have arisen out of and in the course of the employment under certain circumstances. (NRS 617.455, 617.457) Sections 4 and 5 of this bill provide that if an employer, insurer or third-party administrator denies a claim for compensation for these occupational diseases and the claimant ultimately prevails, the Administrator of the Division of Industrial Relations of the Department of Business and Industry is authorized to order the employer, insurer or third-party administrator to pay the claimant a benefit penalty of not more than $200 for each day that the claim is under appeal. Sections 4 and 5 require the employer, insurer or third-party administrator to pay all medical costs that are associated with the occupational disease and incurred by the claimant on or after the date of the hearing before the hearing officer but provide for the recovery of such amounts paid if the employer, insurer or third-party administrator ultimately prevails. Sections 4 and 5 additionally require the Administrator to review a claim for the occupational disease that has been in the appeals process for longer than 6 months to determine the circumstances causing the delay in processing the claim.

      Existing law requires certain tests when administering certain physical examinations to firefighters, arson investigators and police officers regarding the occupational diseases of lung and heart disease for the purposes of industrial insurance coverage. (NRS 617.454) Section 3 of this bill restricts: (1) to whom the results of such physical examinations may be disseminated; and (2) the use of such results. Section 3 additionally authorizes the employer’s officer who is responsible for risk management or human resources or his or her designee to release to certain persons a report only containing certain information based on the results of a physical examination.

      Existing law prohibits the payment of compensation for disability because of an occupational injury or disease which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages. (NRS 616C.400, 617.420) Section 1 of this bill exempts a claim for compensation under chapters 616A to 616D of NRS for disability for the occupational diseases of cancer, lung disease and heart disease from that prohibition.

 


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ê2017 Statutes of Nevada, Page 3891 (Chapter 551, AB 267)ê

 

617.420) Section 1 of this bill exempts a claim for compensation under chapters 616A to 616D of NRS for disability for the occupational diseases of cancer, lung disease and heart disease from that prohibition. Section 2 of this bill: (1) revises the prohibition as it relates to occupational diseases to apply exclusively to compensation for temporary total disability; and (2) clarifies that the prohibition does not apply to medical benefits for the occupational diseases of cancer, lung disease or heart disease.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 616C.400 is hereby amended to read as follows:

      616C.400  1.  Temporary compensation benefits must not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation must then be computed from the date of the injury.

      2.  The period prescribed in this section does not apply to:

      (a) Accident benefits, whether they are furnished pursuant to NRS 616C.255 or 616C.265, if the injured employee is otherwise covered by the provisions of chapters 616A to 616D, inclusive, of NRS and entitled to those benefits.

      (b) Compensation paid to the injured employee pursuant to subsection 1 of NRS 616C.477.

      (c) A claim which is filed pursuant to NRS 617.453, 617.455 or 617.457.

      Sec. 2. NRS 617.420 is hereby amended to read as follows:

      617.420  1.  No compensation may be paid under this chapter for temporary total disability which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages, but if the incapacity extends for 5 or more days within a 20-day period, the compensation must then be computed from the date of disability.

      2.  The limitations in this section do not apply to medical benefits, including, without limitation, medical benefits pursuant to NRS 617.453, 617.455 or 617.457, which must be paid from the date of application for payment of medical benefits.

      Sec. 3. NRS 617.454 is hereby amended to read as follows:

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

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

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

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

      3.  Except as otherwise provided by the provisions governing privacy in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, or an employee’s collective bargaining agreement, whichever is more restrictive:

 


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ê2017 Statutes of Nevada, Page 3892 (Chapter 551, AB 267)ê

 

      (a) The results of a physical examination administered pursuant to NRS 617.455 or 617.457 may only be provided to:

             (1) The examining physician;

             (2) The employee;

             (3) The employer’s officer who is responsible for risk management or human resources or his or her designee; and

             (4) If the employee has filed a claim pursuant to NRS 617.455 or 617.457, the insurer.

      (b) A person who receives the results of a physical examination pursuant to paragraph (a) may only use the results for the purposes of:

             (1) Complying with the requirements of NRS 617.455 or 617.457, as applicable; or

             (2) Creating a report pursuant to paragraph (c).

      (c) The employer’s officer who is responsible for risk management or human resources or his or her designee may create and release a report that is based on the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to any person whom the employer’s officer determines has a need to know the information in the report. The report must only contain the following information:

             (1) The name of the employee who was the subject of the physical examination; and

             (2) A statement that the employee, as applicable:

                   (I) Satisfies the physical qualifications required for his or her employment; or

                   (II) Does not satisfy the physical qualifications required for his or her employment.

      Sec. 4. NRS 617.455 is hereby amended to read as follows:

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

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

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

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

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

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

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

 


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ê2017 Statutes of Nevada, Page 3893 (Chapter 551, AB 267)ê

 

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

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

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

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

      (a) During the course of that employment;

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

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

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

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

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

      8.  A person who is determined to be:

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

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

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

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

      10.  The Administrator shall review a claim filed by a claimant pursuant to this section that has been in the appeals process for longer than 6 months to determine the circumstances causing the delay in processing the claim. As used in this subsection, “appeals process” means the period of time that:

 


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ê2017 Statutes of Nevada, Page 3894 (Chapter 551, AB 267)ê

 

      (a) Begins on the date on which the claimant first files or submits a request for a hearing or an appeal of a determination regarding the claim; and

      (b) Continues until the date on which the claim is adjudicated to a final decision.

      11.  Except as otherwise provided in this subsection, if an employer, insurer or third-party administrator denies a claim that was filed pursuant to this section and the claimant ultimately prevails, the Administrator may order the employer, insurer or third-party administrator, as applicable, to pay to the claimant a benefit penalty of not more than $200 for each day from the date on which an appeal is filed until the date on which the claim is adjudicated to a final decision. Such benefit penalty is payable in addition to any benefits to which the claimant is entitled under the claim and any fines and penalties imposed by the Administrator pursuant to NRS 616D.120. If a hearing before a hearing officer is requested pursuant to NRS 616C.315 and held pursuant to NRS 616C.330, the employer, insurer or third-party administrator, as applicable, shall pay to the claimant all medical costs which are associated with the occupational disease and are incurred from the date on which the hearing is requested until the date on which the claim is adjudicated to a final decision. If the employer, insurer or third-party administrator, as applicable, ultimately prevails, the employer, insurer or third-party administrator, as applicable, is entitled to recover the amount paid pursuant to this subsection in accordance with the provisions of NRS 616C.138.

      Sec. 5. NRS 617.457 is hereby amended to read as follows:

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

      (a) During the course of that employment;

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

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

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

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

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

 


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ê2017 Statutes of Nevada, Page 3895 (Chapter 551, AB 267)ê

 

causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.

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

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

      (a) Upon employment;

      (b) Upon commencement of coverage; and

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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      12.  A person who is determined to be:

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

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

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

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

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

      15.  The Administrator shall review a claim filed by a claimant pursuant to this section that has been in the appeals process for longer than 6 months to determine the circumstances causing the delay in processing the claim. As used in this subsection, “appeals process” means the period of time that:

      (a) Begins on the date on which the claimant first files or submits a request for a hearing or an appeal of a determination regarding the claim; and

      (b) Continues until the date on which the claim is adjudicated to a final decision.

      16.  Except as otherwise provided in this subsection, if an employer, insurer or third-party administrator denies a claim that was filed pursuant to this section and the claimant ultimately prevails, the Administrator may order the employer, insurer or third-party administrator, as applicable, to pay to the claimant a benefit penalty of not more than $200 for each day from the date on which an appeal is filed until the date on which the claim is adjudicated to a final decision. Such benefit penalty is payable in addition to any benefits to which the claimant is entitled under the claim and any fines and penalties imposed by the Administrator pursuant to NRS 616D.120. If a hearing before a hearing officer is requested pursuant to NRS 616C.315 and held pursuant to NRS 616C.330, the employer, insurer or third-party administrator, as applicable, shall pay to the claimant all medical costs which are associated with the occupational disease and are incurred from the date on which the hearing is requested until the date on which the claim is adjudicated to a final decision. If the employer, insurer or third-party administrator, as applicable, ultimately prevails, the employer, insurer or third-party administrator, as applicable, is entitled to recover the amount paid pursuant to this subsection in accordance with the provisions of NRS 616C.138.

      Sec. 6.  The amendatory provisions of sections 1, 2, 4 and 5 of this act apply only to claims filed on or after October 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 3897ê

 

CHAPTER 552, AB 130

Assembly Bill No. 130–Assemblyman Sprinkle

 

CHAPTER 552

 

[Approved: June 12, 2017]

 

AN ACT relating to guardianships; authorizing a court to require a proposed guardian to file a proposed preliminary care plan and budget; establishing the process by which a person may obtain the approval of the court for the payment of attorney’s fees and costs from the assets of a ward; establishing the State Guardianship Compliance Office; replacing the term “incompetent” with the term “incapacitated” for purposes of guardianships and revising the definition thereof; revising various provisions relating to notice given to certain persons; revising provisions concerning the sale of real and personal property of a ward; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “incompetent” for purposes of the provisions of law governing guardianships. (NRS 159.019) Section 7 of this bill replaces the term “incompetent” with the term “incapacitated” and revises the definition thereof. Sections 5, 6, 11, 12-17, 20, 22, 35 and 36-43 of this bill make conforming changes.

      Existing law generally requires a petitioner in a guardianship proceeding to give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to certain persons, including any minor ward who is 14 years of age or older. (NRS 159.034) Section 8 of this bill revises this requirement and requires that notice be given to any ward who is 14 years of age or older, regardless of whether the ward is considered to have the capacity to understand or appreciate the contents of the petition.

      Existing law provides that after the filing of a petition in a guardianship proceeding, the clerk is required to issue a citation setting forth a time and place for the hearing and directing certain persons to appear and show cause why a guardian should not be appointed for the proposed ward. (NRS 159.047) Section 9 of this bill requires a copy of the petition to be served together with the citation on certain persons, including a proposed ward who is 14 years of age or older, regardless of whether the ward is considered to have the capacity to understand or appreciate the contents of the petition, and section 10 of this bill requires that the proposed ward be served by personal service. Section 9 also requires a person who serves notice upon the proposed ward to file with the court an affidavit stating that notice was served.

      Existing law requires a guardian of the person to file with the court a written report on the condition of the ward and the exercise of authority and performance of duties by the guardian at certain specified times. (NRS 159.081) Section 18 of this bill requires that such a report be served on the ward.

      Section 21 of this bill requires the guardian of the estate and the guardian of the person to be notified if the ward is a party to any criminal action. Section 23 of this bill requires that notice be given to a ward upon the filing of certain petitions or any account.

      Existing law establishes various provisions concerning transactions involving real and personal property of a ward, including the sale of such property. (NRS 159.127-159.175) Sections 24-31 of this bill revise certain provisions concerning the sale of real property of a ward, and section 44 of this bill repeals provisions of law relating to a public auction for the sale of real property. Sections 32-34 of this bill revise provisions concerning the sale of personal property of a ward. Section 32 of this bill authorizes a guardian to: (1) sell or dispose of personal property of a ward that has a total value of less than $10,000 if certain notice is given and no objection to the sale or disposal is received; and (2) authorize the immediate destruction of personal property of a ward without notice in certain circumstances.

 


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ê2017 Statutes of Nevada, Page 3898 (Chapter 552, AB 130)ê

 

or disposal is received; and (2) authorize the immediate destruction of personal property of a ward without notice in certain circumstances. Section 33 of this bill requires that notice of a sale of the personal property of a ward be given to a ward who is 14 years of age or older and certain other persons and, if the gross value of the estate of the ward is $10,000 or more, published in a newspaper before a guardian may sell the personal property of a ward.

      Section 2 of this bill specifies that upon the filing of a petition for the appointment of a guardian, the court may require a proposed guardian to file a proposed preliminary care plan and budget, the format of which and the timing of the filing thereof must be specified by a court rule approved by the Supreme Court.

      Section 3 of this bill provides that any person who retains an attorney for the purposes of representing a party in a guardianship proceeding is personally liable for any attorney’s fees and costs incurred, but authorizes such a person to petition the court for an order authorizing the payment of such attorney’s fees and costs from the estate of the ward. Section 3 prohibits such attorney’s fees and costs from being paid from the estate of the ward without court approval and establishes the process by which a person is able to obtain the approval of the court. Section 3 also authorizes an attorney who is appointed by the court to seek compensation for his or her services from the guardianship estate in accordance with the established process. Section 3 additionally provides that if two or more parties in a guardianship proceeding file competing petitions for the appointment of a guardian or otherwise litigate any contested issue in the guardianship proceeding, only the prevailing party may petition the court for the payment of attorney’s fees and costs. If the court determines that there is no prevailing party, the court may authorize a portion of each party’s attorney’s fees and costs to be paid.

      Section 4 of this bill establishes the State Guardianship Compliance Office. Section 4 provides that the State Guardianship Compliance Officer is appointed by the Supreme Court and serves at the pleasure of the Court. Section 4 also authorizes the State Guardianship Compliance Officer to hire two accountants and two investigators to provide auditing and investigative services to the district courts during the administration of guardian proceedings. Section 43.5 of this bill appropriates money to the Nevada Supreme Court to pay the costs of the State Guardianship Compliance Office.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. Upon the filing of a petition for the appointment of a guardian, the court may require a proposed guardian to file a proposed preliminary care plan and budget. The format of such a proposed preliminary care plan and budget and the timing of the filing thereof must be specified by a rule approved by the Supreme Court.

      Sec. 3. 1.  Any person, including, without limitation, a guardian or proposed guardian, who retains an attorney for the purposes of representing a party in a guardianship proceeding is personally liable for any attorney’s fees and costs incurred as a result of such representation.

      2.  Notwithstanding the provisions of subsection 1 and except as otherwise provided in subsection 5 of NRS 159.183, a person who is personally liable for attorney’s fees and costs may petition the court for an order authorizing such attorney’s fees and costs to be paid from the estate of the ward in accordance with this section. Any such attorney’s fees and costs must not be paid from the guardianship estate unless and until the court authorizes the payment pursuant to this section.

 


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ê2017 Statutes of Nevada, Page 3899 (Chapter 552, AB 130)ê

 

costs must not be paid from the guardianship estate unless and until the court authorizes the payment pursuant to this section.

      3.  When a person who intends to petition the court for payment of attorney’s fees and costs from the guardianship estate first appears in the guardianship proceeding, the person must file written notice of his or her intent to seek payment of attorney’s fees and costs from the guardianship estate. The written notice:

      (a) Must provide a general explanation of the compensation arrangement and how compensation will be computed;

      (b) Must include the hourly billing rates of all timekeepers, including, without limitation, attorneys, law clerks and paralegals;

      (c) Must provide a general explanation of the reasons why the services of the attorney are necessary to further the best interests of the ward;

      (d) Must be served by the person on all persons entitled to notice pursuant to NRS 159.034 and 159.047; and

      (e) Is subject to approval by the court after a hearing.

      4.  If written notice was filed and approved by the court pursuant to subsection 3, a person may file with the court a petition requesting payment of attorney’s fees and costs from the guardianship estate. Such a petition must include the following information:

      (a) A detailed statement as to the nature and extent of the services performed by the attorney;

      (b) An itemization of each task performed by the attorney, with reference to the time spent on each task in an increment to the nearest one-tenth of an hour and with no minimum billing unit in excess of one-tenth of an hour;

      (c) An indication of whether any time billed, including, without limitation, any time spent traveling or waiting, benefited any clients of the attorney other than the ward and, if so, how many other clients benefited from such time; and

      (d) Any other information considered relevant to a determination of whether attorney’s fees are just, reasonable and necessary.

Ê Absent approval from all parties who have appeared in the proceeding, any supplemental requests for the payment of attorney’s fees and costs cannot be augmented in open court and must be properly noticed in the same manner as the underlying petition requesting payment.

      5.  In determining whether attorney’s fees are just, reasonable and necessary, the court may consider all the following factors:

      (a) The written notice approved by the court pursuant to subsection 3.

      (b) Whether the services conferred any actual benefit upon the ward or attempted to advance the best interests of the ward.

      (c) The qualities of the attorney, including, without limitation, his or her ability, training, education, experience, professional standing and skill.

      (d) The character of the work performed, including, without limitation, the difficulty, intricacy and importance of the work, the time and skill required to complete the work, the responsibility imposed and the nature of the proceedings.

      (e) The work actually performed by the attorney, including, without limitation, the skill, time and attention given to the work.

      (f) The result of the work, including, without limitation, whether the attorney was successful and any benefits that were derived.

 


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ê2017 Statutes of Nevada, Page 3900 (Chapter 552, AB 130)ê

 

      (g) The usual and customary fees charged in the relevant professional communities for each task performed, regardless of who actually performed the task. The court may only award:

             (1) Compensation at an attorney rate for time spent performing services that require an attorney;

             (2) Compensation at a paralegal rate for time spent performing paralegal services;

             (3) Compensation at a fiduciary rate for time spent performing fiduciary services; and

             (4) No compensation for time spent performing secretarial or clerical services.

      (h) The appropriate apportionment among multiple clients of any billed time that benefited multiple clients of the attorney.

      (i) The extent to which the services were provided in a reasonable, efficient and cost-effective manner, including, without limitation, whether there was appropriate and prudent delegation of services to others.

      (j) The ability of the estate of the ward to pay, including, without limitation:

             (1) The value of the estate;

             (2) The nature, extent and liquidity of the assets of the estate;

             (3) The disposable net income of the estate;

             (4) The anticipated future needs of the ward; and

             (5) Any other foreseeable expenses.

      (k) The efforts made by the person and attorney to reduce and minimize any issues.

      (l) Any actions by the person or attorney that unnecessarily expanded issues or delayed or hindered the efficient administration of the estate.

      (m) Whether any actions taken by the person or attorney were taken for the purpose of advancing or protecting the interests of the person as opposed to the interests of the ward.

      (n) Any other factor that is relevant in determining whether attorney’s fees are just, reasonable and necessary, including, without limitation, any other factor that is relevant in determining whether the person was acting in good faith and was actually pursuing the best interests of the ward.

      6.  The court shall not approve compensation for an attorney for:

      (a) Time spent on internal business activities of the attorney, including, without limitation, clerical or secretarial support; or

      (b) Time reported as a total amount of time spent on multiple tasks, rather than an itemization of the time spent on each task.

      7.  Any fees paid by a third party, including, without limitation, a trust of which the estate is a beneficiary, must be disclosed to and approved by the court.

      8.  In addition to any payment provided to a person pursuant to this section for the services of an attorney, a person may receive payment for ordinary costs and expenses incurred in the scope of the attorney’s representation.

      9.  If two or more parties in a guardianship proceeding file competing petitions for the appointment of a guardian or otherwise litigate any contested issue in the guardianship proceeding, only the prevailing party may petition the court for payment of attorney’s fees and costs from the guardianship estate pursuant to this section. If the court determines that there is no prevailing party, the court may authorize a portion of each party’s attorney’s fees and costs to be paid from the guardianship estate if the court determines that such fees and costs are just, reasonable and necessary given the nature of any issues in dispute.

 


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ê2017 Statutes of Nevada, Page 3901 (Chapter 552, AB 130)ê

 

party’s attorney’s fees and costs to be paid from the guardianship estate if the court determines that such fees and costs are just, reasonable and necessary given the nature of any issues in dispute.

      10.  If an attorney is appointed by the court in a guardianship proceeding, he or she may petition the court for compensation for his or her services from the guardianship estate in accordance with the procedure set forth in this section.

      Sec. 4. 1.  The State Guardianship Compliance Office is hereby created.

      2.  The State Guardianship Compliance Officer is:

      (a) Appointed by the Supreme Court and serves at the pleasure of the Court; and

      (b) Entitled to receive an annual salary set by the Supreme Court within the limits of legislative appropriations.

      3.  The State Guardianship Compliance Officer may hire two accountants and two investigators to provide auditing and investigative services to the district courts during the administration of guardianship proceedings.

      4.  The State Guardianship Compliance Officer shall not act as a guardian for any ward.

      Sec. 5. NRS 159.014 is hereby amended to read as follows:

      159.014  “Care provider” includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of [incompetents,] persons who are incapacitated, persons of limited capacity or minors.

      Sec. 6. NRS 159.015 is hereby amended to read as follows:

      159.015  “Court” means any court or judge having jurisdiction of the persons and estates of minors, [incompetent] persons [,] who are incapacitated or persons of limited capacity.

      Sec. 7. NRS 159.019 is hereby amended to read as follows:

      159.019  [“Incompetent” means an adult] A person [who, by reason of mental illness, mental deficiency, disease, weakness of mind or any other cause,] is “incapacitated” if he or she, for reasons other than being a minor, is unable [, without assistance, properly to manage and take care of himself or herself or his or her property, or both. The term includes a person who is mentally incapacitated.] to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance.

      Sec. 8. NRS 159.034 is hereby amended to read as follows:

      159.034  1.  Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to:

      (a) Any [minor] ward who is 14 years of age or older [.] , regardless of whether the ward is considered to have the capacity to understand or appreciate the contents of the petition.

      (b) The parent or legal guardian of any minor ward who is less than 14 years of age.

      (c) The spouse of the ward and all other known relatives of the ward who are within the second degree of consanguinity.

 


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ê2017 Statutes of Nevada, Page 3902 (Chapter 552, AB 130)ê

 

      (d) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceedings and has served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request and the person’s name and address, or that of his or her attorney.

      (e) The guardian, if the petitioner is not the guardian.

      (f) Any person or care provider who is providing care for the ward, except that if the person or care provider is not related to the ward, such person or care provider must not receive copies of any inventory or accounting.

      (g) Any office of the Department of Veterans Affairs in this State if the ward is receiving any payments or benefits through the Department of Veterans Affairs.

      (h) The Director of the Department of Health and Human Services if the ward has received or is receiving benefits from Medicaid.

      (i) Those persons entitled to notice if a proceeding were brought in the ward’s home state.

      2.  The petitioner shall give notice not later than 10 days before the date set for the hearing:

      (a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;

      (b) By personal service; or

      (c) In any other manner ordered by the court, upon a showing of good cause.

      3.  Except as otherwise provided in this subsection, if none of the persons entitled to notice of a hearing on a petition pursuant to this section can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the notice must be published not later than 10 days before the date set for the hearing. If, after the appointment of a guardian, a search for relatives of the ward listed in paragraph (c) of subsection 1 fails to find any such relative, the court may waive the notice by publication required by this subsection.

      4.  For good cause shown, the court may waive the requirement of giving notice.

      5.  A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.

      6.  On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.

      Sec. 9. NRS 159.047 is hereby amended to read as follows:

      159.047  1.  Except as otherwise provided in NRS 159.0475 and 159.049 to 159.0525, inclusive, upon the filing of a petition under NRS 159.044, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons or care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.

 

 


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ê2017 Statutes of Nevada, Page 3903 (Chapter 552, AB 130)ê

 

      2.  A citation issued under subsection 1 , together with a copy of the petition filed under NRS 159.044, must be served upon:

      (a) A proposed ward who is 14 years of age or older [;] , regardless of whether the proposed ward is considered to have the capacity to understand or appreciate the contents of the citation and petition;

      (b) The spouse of the proposed ward and all other known relatives of the proposed ward who are:

             (1) Fourteen years of age or older; and

             (2) Within the second degree of consanguinity;

      (c) The parents and custodian of the proposed ward;

      (d) Any person or officer of a care provider having the care, custody or control of the proposed ward;

      (e) The proposed guardian, if the petitioner is not the proposed guardian;

      (f) Any office of the Department of Veterans Affairs in this State if the proposed ward is receiving any payments or benefits through the Department of Veterans Affairs; and

      (g) The Director of the Department of Health and Human Services if the proposed ward has received or is receiving any benefits from Medicaid.

      3.  A person who serves notice upon a proposed ward pursuant to paragraph (a) of subsection 2 shall file with the court an affidavit stating that he or she served notice upon the proposed ward in accordance with the provisions of NRS 159.0475.

      Sec. 10. NRS 159.0475 is hereby amended to read as follows:

      159.0475  1.  A copy of the citation issued pursuant to NRS 159.047 , together with a copy of the petition filed under NRS 159.044, must be served : [by:]

      (a) Except as otherwise ordered by the court, on a proposed ward who is 14 years of age or older by personal service in the manner provided pursuant to N.R.C.P. 4(d) at least 10 days before the date set for the hearing; and

      (b) On each person required to be served pursuant to NRS 159.047 other than a proposed ward by:

             (1) Certified mail, with a return receipt requested, [on each person required to be served pursuant to NRS 159.047] at least 20 days before the hearing; or

      [(b)](2) Personal service in the manner provided pursuant to N.R.C.P. 4(d) at least 10 days before the date set for the hearing . [on each person required to be served pursuant to NRS 159.047.]

      2.  If none of the persons on whom the citation and petition is to be served can, after due diligence, be served by certified mail or personal service , as applicable, and this fact is proven [,] by affidavit [,] to the satisfaction of the court, service of the citation must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing.

      3.  A citation and petition need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of the citation and petition or who makes a general appearance.

      4.  The court may find that notice is sufficient if:

      (a) The citation and petition have been served by personal service on the proposed ward and an affidavit of such service has been filed with the court pursuant to subsection 3 of NRS 159.047;

 


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ê2017 Statutes of Nevada, Page 3904 (Chapter 552, AB 130)ê

 

      (b) The citation [has] and petition have been served by certified mail, with a return receipt requested, or by personal service on the [proposed ward,] care provider or public guardian required to be served pursuant to NRS 159.047; and

      [(b)](c) At least one relative of the proposed ward who is required to be served pursuant to NRS 159.047 has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed ward has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.

      Sec. 11. NRS 159.048 is hereby amended to read as follows:

      159.048  The citation issued pursuant to NRS 159.047 must state that the:

      1.  Proposed ward may be adjudged to be [incompetent] incapacitated or of limited capacity and a guardian may be appointed for the proposed ward;

      2.  Proposed ward’s rights may be affected as specified in the petition;

      3.  Proposed ward has the right to appear at the hearing and to oppose the petition; and

      4.  Proposed ward has the right to be represented by an attorney, who may be appointed for the proposed ward by the court if the proposed ward is unable to retain one.

      Sec. 11.5. NRS 159.0485 is hereby amended to read as follows:

      159.0485  1.  At the first hearing for the appointment of a guardian for a proposed adult ward, the court shall advise the proposed adult ward who is in attendance at the hearing or who is appearing by videoconference at the hearing of his or her right to counsel and determine whether the proposed adult ward wishes to be represented by counsel in the guardianship proceeding. If the proposed adult ward is not in attendance at the hearing because the proposed adult ward has been excused pursuant to NRS 159.0535 and is not appearing by videoconference at the hearing, the proposed adult ward must be advised of his or her right to counsel pursuant to subsection 2 of NRS 159.0535.

      2.  If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel at any stage in a guardianship proceeding and whether or not the adult ward or proposed adult ward lacks or appears to lack capacity, the court shall, at or before the time of the next hearing, appoint an attorney who works for legal aid services, if available, or a private attorney to represent the adult ward or proposed adult ward. The appointed attorney shall represent the adult ward or proposed adult ward until relieved of the duty by court order.

      3.  Subject to the discretion and approval of the court, the attorney for the adult ward or proposed adult ward is entitled to reasonable compensation and expenses. Unless the court determines that the adult ward or proposed adult ward does not have the ability to pay such compensation and expenses or the court shifts the responsibility of payment to a third party, the compensation and expenses must be paid from the estate of the adult ward or proposed adult ward, unless the compensation and expenses are provided for or paid by another person or entity. If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the adult ward or proposed adult ward all or part of the expenses associated with the appointment of the attorney.

 


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attorney. Any attorney who intends to seek compensation from the estate of the adult ward or proposed adult ward must follow the procedure established in section 3 of this act.

      Sec. 12. NRS 159.0487 is hereby amended to read as follows:

      159.0487  Any court of competent jurisdiction may appoint:

      1.  Guardians of the person, of the estate, or of the person and estate for [incompetents] persons who are incapacitated or minors whose home state is this State.

      2.  Guardians of the person or of the person and estate for [incompetents] persons who are incapacitated or minors who, although not residents of this State, are physically present in this State and whose welfare requires such an appointment.

      3.  Guardians of the estate for nonresident [incompetents] persons who are incapacitated or nonresident minors who have property within this State.

      4.  Special guardians.

      5.  Guardians ad litem.

      Sec. 13. NRS 159.054 is hereby amended to read as follows:

      159.054  1.  If the court finds that the proposed ward [competent] is not incapacitated and is not in need of a guardian, the court shall dismiss the petition.

      2.  If the court finds that the proposed ward [to be] is of limited capacity and is in need of a special guardian, the court shall enter an order accordingly and specify the powers and duties of the special guardian.

      3.  If the court finds that appointment of a general guardian is required, the court shall appoint a general guardian of the ward’s person, estate, or person and estate.

      Sec. 14. NRS 159.0593 is hereby amended to read as follows:

      159.0593  1.  If the court orders a general guardian appointed for a proposed ward, the court shall determine, by clear and convincing evidence, whether the proposed ward is a person with a mental defect who is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(d)(4) or (g)(4). If a court makes a finding pursuant to this section that the proposed ward is a person with a mental defect, the court shall include the finding in the order appointing the guardian and cause, within 5 business days after issuing the order, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

      2.  As used in this section:

      (a) “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

      (b) “Person with a mental defect” means a person who, as a result of marked subnormal intelligence, mental illness, [incompetence,] incapacitation, condition or disease, is:

             (1) A danger to himself or herself or others; or

             (2) Lacks the capacity to contract or manage his or her own affairs.

      Sec. 15. NRS 159.0613 is hereby amended to read as follows:

      159.0613  1.  Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for an adult, the court shall give preference to a nominated person or relative, in that order of preference:

      (a) Whether or not the nominated person or relative is a resident of this State; and

 


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      (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the adult.

      2.  In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for an adult, the court shall consider, if applicable and without limitation:

      (a) The ability of the nominated person, relative or other person to provide for the basic needs of the adult, including, without limitation, food, shelter, clothing and medical care;

      (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian for the adult;

      (d) Whether the nominated person, relative or other person is [incompetent] incapacitated or has a disability; and

      (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the adult.

      3.  If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for an adult, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

      (a) A person whom the adult nominated for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while [competent.] he or she was not incapacitated.

      (b) A person whom the adult requested for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while [competent.] he or she was not incapacitated.

      4.  Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) Any nomination or request for the appointment as guardian by the adult.

      (b) Any nomination or request for the appointment as guardian by a relative.

      (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the adult. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference:

             (1) A spouse or domestic partner.

             (2) A child.

 


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             (3) A parent.

             (4) Any relative with whom the adult has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the adult while [competent.] he or she was not incapacitated.

             (5) Any relative currently acting as agent.

             (6) A sibling.

             (7) A grandparent or grandchild.

             (8) An uncle, aunt, niece, nephew or cousin.

             (9) Any other person recognized to be in a familial relationship with the adult.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the adult while [competent.] he or she was not incapacitated.

      5.  The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

      (a) The nonresident is more qualified and suitable to serve as guardian; and

      (b) The distance from the proposed guardian’s place of residence and the adult’s place of residence will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the adult because:

             (1) A person or care provider in this State is providing continuing care and supervision for the adult;

             (2) The adult is in a secured residential long-term care facility in this State; or

             (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the adult will move to the proposed guardian’s state of residence.

      6.  If the court appoints a nonresident as guardian for the adult:

      (a) The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met;

      (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS; and

      (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

             (1) The legal duties and responsibilities of the guardian pursuant to this chapter;

             (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the adult required pursuant to NRS 159.073;

             (3) The rights of the adult;

             (4) The availability of local resources to aid the adult; and

             (5) Any other matter the court deems necessary or prudent.

 


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      7.  If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

      (a) The public guardian of the county where the adult resides if:

             (1) There is a public guardian in the county where the adult resides; and

             (2) The adult qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the adult will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595.

      8.  A person is not qualified to be appointed as guardian for an adult if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession that:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state in which the person practices his or her profession.

      9.  As used in this section:

      (a) “Adult” means a person who is a ward or a proposed ward and who is not a minor.

      (b) “Domestic partner” means a person in a domestic partnership.

      (c) “Domestic partnership” means:

             (1) A domestic partnership as defined in NRS 122A.040; or

             (2) A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

      (d) “Nominated person” means a person, whether or not a relative, whom an adult:

             (1) Nominates for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while [competent.] he or she was not incapacitated.

             (2) Requests for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while [competent.] he or she was not incapacitated.

      (e) “Relative” means a person who is 18 years of age or older and who is related to the adult by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      Sec. 16. NRS 159.062 is hereby amended to read as follows:

      159.062  A parent or spouse of [an incompetent,] a minor , person who is incapacitated or person of limited capacity may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian.

 


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      Sec. 17. NRS 159.078 is hereby amended to read as follows:

      159.078  1.  Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:

      (a) Make or change the last will and testament of the ward.

      (b) Except as otherwise provided in this paragraph, make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the ward which includes the designation of a beneficiary. The guardian is not required to petition the court for an order authorizing the guardian to utilize an asset which has a designated beneficiary, including the closure or discontinuance of the asset, for the benefit of a ward if:

             (1) The asset is the only liquid asset available with which to pay for the proper care, maintenance, education and support of the ward;

             (2) The asset, or the aggregate amount of all the assets if there is more than one type of asset, has a value that does not exceed $5,000; or

             (3) The asset is a bank account, investment fund or insurance policy and is required to be closed or discontinued in order for the ward to qualify for a federal program of public assistance.

      (c) Create for the benefit of the ward or others a revocable or irrevocable trust of the property of the estate.

      (d) Except as otherwise provided in this paragraph, exercise the right of the ward to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:

             (1) Evidences an intent of the ward to reserve the right of revocation or modification exclusively to the ward;

             (2) Provides expressly that a guardian may not revoke or modify the trust; or

             (3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.

      2.  Any other interested person may also petition the court for an order authorizing or directing the guardian to take any action described in subsection 1.

      3.  The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the court finds by clear and convincing evidence that:

      (a) A reasonably prudent person or the ward, if [competent,] not incapacitated, would take the proposed action and that a person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the ward or estate of the ward and that person:

             (1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the ward; or

             (2) Will benefit from the lack of such an instrument; or

      (b) The proposed action is otherwise in the best interests of the ward for any other reason not listed in this section.

      4.  The petition must contain, to the extent known by the petitioner:

      (a) The name, date of birth and current address of the ward;

      (b) A concise statement as to the condition of the ward’s estate; and

 


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      (c) A concise statement as to the necessity for the proposed action.

      5.  As used in this section:

      (a) “Exploitation” means any act taken by a person who has the trust and confidence of a ward or any use of the power of attorney of a ward to:

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the ward’s money, assets or property.

             (2) Convert money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the ward’s money, assets or property.

Ê As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another.

      (b) “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the ward of the ward’s rights or property or to otherwise injure the ward.

      (c) “Interested person” has the meaning ascribed to it in NRS 132.185 and also includes a named beneficiary under a trust or other instrument if the validity of the trust or other instrument may be in question.

      Sec. 18. NRS 159.081 is hereby amended to read as follows:

      159.081  1.  A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the ward and the exercise of authority and performance of duties by the guardian:

      (a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian;

      (b) Within 10 days of moving a ward to a secured residential long-term care facility; and

      (c) At such other times as the court may order.

      2.  A report filed pursuant to paragraph (b) of subsection 1 must:

      (a) Include a copy of the written recommendation upon which the transfer was made; and

      (b) Be served, without limitation, on the ward and any attorney for the ward . [, if any.]

      3.  The court may prescribe the form and contents for filing a report described in subsection 1.

      4.  The guardian of the person shall give to the guardian of the estate, if any, a copy of each report not later than 30 days after the date the report is filed with the court.

      5.  The court is not required to hold a hearing or enter an order regarding the report.

      Sec. 19. NRS 159.085 is hereby amended to read as follows:

      159.085  1.  Not later than 60 days after the date of the appointment of a general or special guardian of the estate or, if necessary, such further time as the court may allow, the guardian shall make and file in the guardianship proceeding a verified inventory of all of the property of the ward which comes to the possession or knowledge of the guardian.

      2.  A temporary guardian of the estate who is not appointed as the general or special guardian shall file an inventory with the court by not later than the date on which the temporary guardian files a final accounting as required pursuant to NRS 159.177.

 


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      3.  The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person authorized to administer oaths, that the inventory contains a true statement of:

      (a) All of the estate of the ward which has come into the possession of the guardian;

      (b) All of the money that belongs to the ward; and

      (c) All of the just claims of the ward against the guardian.

      4.  A copy of the inventory filed with the court and a notice of the filing must be served on the ward, his or her attorney and any guardian ad litem representing the ward.

      5.  Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, the guardian shall:

      (a) Make and file in the proceeding a verified supplemental inventory not later than 30 days after the date the property comes to the possession or knowledge of the guardian; or

      (b) Include the property in the next accounting.

      [5.]6.  The court may order which of the two methods described in subsection [4] 5 the guardian shall follow.

      [6.]7.  The court may order all or any part of the property of the ward appraised as provided in NRS 159.0865 and 159.305.

      [7.]8.  If the guardian neglects or refuses to file the inventory within the time required pursuant to subsection 1, the court may, for good cause shown and upon such notice as the court deems appropriate:

      (a) Revoke the letters of guardianship and the guardian shall be liable on the bond for any loss or injury to the estate caused by the neglect of the guardian; or

      (b) Enter a judgment for any loss or injury to the estate caused by the neglect of the guardian.

      Sec. 20. NRS 159.0893 is hereby amended to read as follows:

      159.0893  1.  A guardian shall present a copy of the court order appointing the guardian and letters of guardianship to a bank or other financial institution that holds any account or other assets of the ward before the guardian may access the account or other assets.

      2.  The bank or other financial institution shall accept the copy of the court order appointing the guardian and letters of guardianship as proof of guardianship and allow the guardian access to the account or other assets of the ward, subject to any limitations set forth in the court order.

      3.  Unless the bank or other financial institution is a party to the guardianship proceeding, the bank or other financial institution is not entitled to a copy of any:

      (a) [Competency] Capacity evaluation of the ward or any other confidential information concerning the medical condition or the placement of the ward; or

      (b) Inventory or accounting of the estate of the ward.

      Sec. 21. NRS 159.095 is hereby amended to read as follows:

      159.095  1.  A guardian of the estate shall appear for and represent the ward in all actions, suits or proceedings to which the ward is a party, unless the court finds that the interests of the guardian conflict with the interests of the ward or it is otherwise appropriate to appoint a guardian ad litem in the action, suit or proceeding.

 


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      2.  Upon final resolution of the action, suit or proceeding, the guardian of the estate or the guardian ad litem shall notify the court of the outcome of the action, suit or proceeding.

      3.  If the person of the ward would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the ward in the action, suit or proceeding.

      4.  If the ward is a party to any criminal action, the guardian of the estate and the guardian of the person must be notified of the action.

      Sec. 22. NRS 159.097 is hereby amended to read as follows:

      159.097  Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a ward made by the ward are voidable by the guardian of the estate if such contract or transaction was made at any time by the ward while [an incompetent] he or she was incapacitated or a minor.

      Sec. 22.5. NRS 159.105 is hereby amended to read as follows:

      159.105  1.  [Other than claims for attorney’s fees that are subject to the provisions of subsection 3, a] A guardian of the estate may pay from the guardianship estate the following claims without complying with the provisions of this section and NRS 159.107 and 159.109:

      (a) The guardian’s claims against the ward or the estate; and

      (b) Any claims accruing after the appointment of the guardian which arise from contracts entered into by the guardian on behalf of the ward.

      2.  The guardian shall report all claims and the payment of claims made pursuant to subsection 1 in the account that the guardian makes and files in the guardianship proceeding following each payment.

      [3.  Claims for attorney’s fees which are associated with the commencement and administration of the guardianship of the estate:

      (a) May be made at the time of the appointment of the guardian of the estate or any time thereafter; and

      (b) May not be paid from the guardianship estate unless the payment is made in compliance with the provisions of this section and NRS 159.107 and 159.109.]

      Sec. 23. NRS 159.115 is hereby amended to read as follows:

      159.115  1.  [Upon] Except as otherwise ordered by the court, upon the filing of any petition under NRS 159.078 or 159.113, or any account, notice must be given to the ward and the persons specified in NRS 159.034 in the manner prescribed by [NRS 159.034.] that section.

      2.  The notice must:

      (a) Give the name of the ward.

      (b) Give the name of the petitioner.

      (c) Give the date, time and place of the hearing.

      (d) State the nature of the petition.

      (e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the court order should not be made.

      Sec. 24. NRS 159.134 is hereby amended to read as follows:

      159.134  1.  All sales of real property of a ward must be [:

      (a) Reported to the court; and

 

 


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      (b) Confirmed] confirmed by the court pursuant to NRS 159.146 before escrow closes for the sale and title to the real property passes to the purchaser.

      2.  [The report and a] A petition for confirmation of the sale must be filed with the court not later than 30 days after the date of [each] the sale [.] , which is the date on which the contract for the sale was signed.

      3.  The court shall set the date of the hearing for confirmation of the sale and give notice of the hearing in the manner required pursuant to NRS 159.115 or as the court may order.

      4.  An interested person may file written objections to the confirmation of the sale before the hearing for confirmation of the sale. If such objections are filed, the court shall conduct a hearing regarding those objections during which the interested person may offer witnesses in support of the objections. The court may, in its discretion, allow oral objections to the confirmation of the sale on the date of the hearing for confirmation of the sale.

      5.  Before the court confirms a sale, the court must find that notice of the sale was given in the manner required pursuant to NRS 159.1425 [, 159.1435] and 159.144, unless the sale was exempt from notice pursuant to NRS 159.123.

      Sec. 25. NRS 159.1385 is hereby amended to read as follows:

      159.1385  1.  [A] After the court has granted authority to sell real property of a ward, a guardian may enter into a written contract with any bona fide agent, broker or multiple agents or brokers to secure a purchaser for [any real] such property . [of the estate.] Such a contract may grant an exclusive right to sell the property to the agent, broker or multiple agents or brokers.

      2.  The guardian shall provide for the payment of a commission upon the sale of the real property which:

      (a) Must be paid from the proceeds of the sale;

      (b) Must be fixed in an amount not to exceed:

             (1) Ten percent for unimproved real property; or

             (2) Seven percent for [improved] real property [;] with any type of improvement; and

      (c) Must be authorized by the court by confirmation of the sale.

      3.  Upon confirmation of the sale by the court, the contract for the sale becomes binding and enforceable against the estate.

      4.  A guardian may not be held personally liable and the estate is not liable for the payment of any commission set forth in a contract entered into with an agent or broker pursuant to this section until the sale is confirmed by the court, and then is liable only for the amount set forth in the contract.

      Sec. 26. NRS 159.1415 is hereby amended to read as follows:

      159.1415  1.  [When an offer] Except as otherwise provided in subsection 10 of NRS 159.146, if a contract of sale to purchase real property of a guardianship estate is presented to the court for confirmation:

      (a) Other persons may submit higher bids [to the] in open court; and

      (b) The court may confirm the highest bid.

      2.  Upon confirmation of a sale of real property by the court, the commission for the sale must be divided between the listing agent or broker and the agent or broker who secured the purchaser to whom the sale was confirmed, if any, in accordance with the contract with the listing agent or broker.

 


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      Sec. 27. NRS 159.142 is hereby amended to read as follows:

      159.142  1.  If a ward owns real property jointly with one or more other persons, after the court grants authority to sell the property, the interest owned by the ward may be sold to one or more joint owners of the property only if:

      (a) All joint owners of the property have been given notice that the court has granted the authority to sell the property;

      (b) The guardian files a petition with the court to confirm the sale pursuant to NRS 159.134; and

      [(b)](c) The court confirms the sale.

      2.  The court shall confirm the sale only if:

      (a) The net amount of the proceeds from the sale to the estate of the ward is not less than 90 percent of the fair market value of the portion of the property to be sold; and

      (b) Upon confirmation, the estate of the ward will be released from all liability for any mortgage or lien on the property.

      Sec. 28. NRS 159.1425 is hereby amended to read as follows:

      159.1425  1.  Except as otherwise provided in this section and except for a sale pursuant to NRS 159.123 or 159.142, a guardian may sell the real property of a ward only after the court grants authority for the sale pursuant to NRS 159.113 and notice of the sale is published : [in:]

      (a) [A] In a newspaper that is published in the county in which the property, or some portion of the property, is located; [or]

      (b) If a newspaper is not published in [that] the county [:] in which the property, or some portion of the property, is located:

             (1) In a newspaper of general circulation in the county; or

             (2) In such other newspaper as the court orders [.] ; or

      (c) On a public property listing service for a period of not less than 30 days.

      2.  Except as otherwise provided in this section and except for a sale of real property pursuant to NRS 159.123 or 159.142 [:

      (a) The notice of a public auction for the sale of real property must be published not less than three times before the date of the sale, over a period of 14 days and 7 days apart.

      (b) The] , the notice of a [private] sale must be published pursuant to paragraph (a) or (b) of subsection 1 not less than three times before the date on which [offers will] the sale may be [accepted,] made, over a period of 14 days and 7 days apart.

      3.  For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.

      4.  The court may waive the requirement of publication pursuant to this section if:

      (a) The guardian is the sole devisee or heir of the estate; or

      (b) All devisees or heirs of the estate consent to the waiver in writing.

      5.  Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a net value of $10,000 or less. In lieu of publication, the guardian shall post notice of the sale in three of the most public places in the county in which the property, or some portion of the property, is located for at least 14 days before [:

 


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      (a) The date of the sale at public auction; or

      (b) The] the date on or after which [offers] an offer will be accepted for a [private] sale.

      6.  Any notice published or posted pursuant to this section must include, without limitation:

      (a) [For a public auction:

             (1) A description of the real property which reasonably identifies the property to be sold; and

             (2) The date, time and location of the auction.

      (b) For a private sale:

             (1)] A description of the real property which reasonably identifies the property to be sold; and

             [(2)](b) The date, time and location [that offers] on or after which an offer will be accepted.

      Sec. 29. NRS 159.144 is hereby amended to read as follows:

      159.144  1.  Except for the sale of real property pursuant to NRS 159.123 or 159.142, a sale of real property of a guardianship estate : [at a private sale:]

      (a) Must not occur before the date stated in the notice.

      (b) Except as otherwise provided in this paragraph, must not occur sooner than 14 days after the date of the first publication or posting of the notice. For good cause shown, the court may shorten the time in which the sale may occur to not sooner than 8 days after the date of the first publication or posting of the notice. If the court so orders, the notice of the sale and the sale may be made to correspond with the court order.

      (c) Must occur not later than 1 year after the date stated in the notice.

      2.  The offers made in a [private] sale:

      (a) Must be in writing; and

      (b) May be delivered to the place designated in the notice or to the guardian at any time [:

             (1) After] after the date of the first publication or posting of the notice . [; and

             (2) Before the date on which the sale is to occur.]

      Sec. 30. NRS 159.1455 is hereby amended to read as follows:

      159.1455  1.  Except as otherwise provided in subsection 2, the court shall not confirm a sale of real property of a guardianship estate [at a private sale] unless:

      (a) The court is satisfied that the amount offered represents the fair market value of the property to be sold; and

      (b) Except for a sale of real property pursuant to NRS 159.123, the real property has been appraised within 1 year before the date of the sale. If the real property has not been appraised within this period, a new appraisal must be conducted pursuant to NRS 159.086 and 159.0865 at any time before the sale or confirmation by the court of the sale.

      2.  The court may waive the requirement of an appraisal [and allow the guardian to rely on the assessed value of the real property for purposes of taxation in obtaining confirmation by the court of the sale.] upon a showing to and specific findings by the court on the record that:

      (a) An additional appraisal will unduly delay the sale; and

      (b) The delay will impair the estate of the ward.

 


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      Sec. 31. NRS 159.146 is hereby amended to read as follows:

      159.146  1.  At the hearing to confirm the sale of real property, the court shall:

      (a) Consider whether the sale is necessary or in the best interest of the estate of the ward; and

      (b) Examine the return on the investment and the evidence submitted in relation to the sale.

      2.  The court shall confirm the sale and order conveyances to be executed if it appears to the court that:

      (a) Good reason existed for the sale;

      (b) The sale was conducted in a legal and fair manner;

      (c) The amount of the offer [or bid] is not disproportionate to the value of the property; and

      (d) It is unlikely that [an offer or] a bid would be made which exceeds the original offer : [or bid:]

             (1) By at least 5 percent if the offer [or bid] is less than $100,000; or

             (2) By at least $5,000 if the offer [or bid] is $100,000 or more.

      3.  The court shall not confirm the sale if the conditions in this section are not satisfied.

      4.  If the court does not confirm the sale, the court:

      (a) May order a new sale; or

      (b) May conduct a public auction in open court . [; or

      (c) May accept a written offer or bid from a responsible person and confirm the sale to the person if the written offer complies with the laws of this state and exceeds the original bid:

             (1) By at least 5 percent if the bid is less than $100,000; or

             (2) By at least $5,000 if the bid is $100,000 or more.]

      5.  If the court [does not confirm the sale and] orders a new sale:

      (a) Notice must be given in the manner set forth in NRS 159.1425; and

      (b) The sale must be conducted in all other respects as though no previous sale has taken place.

      6.  If a higher offer [or bid] is received by the court during the hearing to confirm the sale, the court may continue the hearing [rather than accept the offer or bid as set forth in paragraph (c) of subsection 4] if the court determines that the person who made the [original] offer [or bid] being confirmed was not notified of the hearing and [that the person who made the original offer or bid] may wish to increase the price of his or her [bid.] offer. This subsection does not grant a right to a person to have a continuance granted and may not be used as a ground to set aside an order confirming a sale.

      7.  Except as otherwise provided in this [subsection, if a higher offer or bid is received by the court during the hearing to confirm the sale and the court does not accept that offer or bid, each successive bid must be for not less than:

      (a) An additional $5,000, if the original offer is for $100,000 or more; or

      (b) An additional $250 if the original offer is less than $100,000.

Ê Upon the request of the guardian during the hearing to confirm the sale, the court may set other incremental bid amounts.] section, only the name of the buyer and the price of the sale may be changed at a public auction in open court. An order confirming the sale is sufficient as an addendum to the original contract to allow escrow to close.

 


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      8.  The title company may be changed at a public auction in open court if the estate and the buyer have mutually agreed to the change in writing.

      9.  The date of the close of escrow must be at least 10 judicial days after the date that the notice of the entry of order confirming the sale is filed with the clerk of the court unless the contract specifies a later date. The parties to the sale may extend the date of the close of escrow by mutual agreement in writing.

      10.  If the estate owes more than the value of the property and the estate has made an agreement with all lienholders to accept the sale price and waive any deficiency between the sale price and the amount owed to all lienholders, the sale must be confirmed without the potential for bidding in court. All other portions of the confirmation of sale must be adhered to. The valuation by the bank shall be deemed to be sufficient to meet the appraisal requirement for the sale, and the date of the sale is the date on which the bank approves the sale.

      Sec. 32. NRS 159.1515 is hereby amended to read as follows:

      159.1515  1.  [A] Except as otherwise provided in subsection 2, a guardian may sell [perishable property and other] or dispose of personal property of the ward [without] that has a total value of less than $10,000 if:

      (a) A notice [, and title to] of intent to sell or dispose of the property [passes without confirmation by the court if the property:

      (a) Will depreciate in value if not disposed of promptly; or

      (b) Will incur loss or expense by being kept.

      2.  The] is mailed by certified mail or delivered personally to the ward, his or her attorney and the persons specified in NRS 159.034; and

      (b) No objection to the sale or disposal is made within 15 days after such notice is received.

      2.  A guardian [is responsible for the actual value] may authorize the immediate destruction of the personal property [unless the guardian obtains confirmation by the court of the sale.] of a ward without notice if:

      (a) The guardian determines that the property has been contaminated by vermin or biological or chemical agents;

      (b) The expenses related to the decontamination of the property cause salvage to be impractical;

      (c) The property constitutes an immediate threat to public health or safety;

      (d) The handling, transfer or storage of the property might endanger public health or safety or exacerbate contamination; and

      (e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.

      Sec. 33. NRS 159.1535 is hereby amended to read as follows:

      159.1535  1.  Except as otherwise provided in this section and NRS 159.1515 and 159.152, a guardian may sell the personal property of the ward only after notice of the sale is [published] :

      (a) Given to the:

             (1) Ward if he or she is 14 years of age or older;

             (2) Parent or legal guardian of the ward, if the ward is a minor who is less than 14 years of age; and

             (3) Spouse of the ward and all other known relatives of the ward who are within the second degree of consanguinity; and

 


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      (b) Published in:

      [(a)](1) A newspaper that is published in the county in which the property, or some portion of the property, is located; or

      [(b)](2) If a newspaper is not published in [that] the county [:] in which the property, or some portion of the property, is located:

             [(1)](I) In a newspaper of general circulation in the county; or

             [(2)](II) In such other newspaper as the court orders.

      2.  Except as otherwise provided in this section [:

      (a) The notice of a public sale must be published not less than three times before the date of the sale, over a period of 14 days and 7 days apart.

      (b) The] , the notice of a [private] sale must be published not less than three times before the date on which offers will be accepted, over a period of 14 days and 7 days apart.

      3.  For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.

      4.  The notice must include, without limitation:

      (a) [For a public sale:

             (1) A description of the personal property to be sold; and

             (2) The date, time and location of the sale.

      (b)] For a [private] sale [:] other than a sale described in paragraph (b):

             (1) A description of the personal property to be sold; and

             (2) The date, time and location that offers will be [accepted.

      (c)] received.

      (b) For a sale on an appropriate auction website on the Internet:

             (1) A description of the personal property to be sold;

             (2) The date the personal property will be listed; and

             (3) The Internet address of the website on which the sale will be posted.

      5.  Notice of a sale is not required to be published pursuant to this section if the gross value of the estate of the ward is less than $10,000.

      Sec. 34. NRS 159.154 is hereby amended to read as follows:

      159.154  1.  The guardian may sell the personal property of a ward [by public sale] at:

      (a) The residence of the ward; or

      (b) Any other location designated by the guardian.

      2.  The guardian may sell the personal property [by public sale] only if the property is made available for inspection at the time of the sale or photographs of the personal property are posted on an appropriate auction website on the Internet.

      3.  Personal property may be sold [at a public or private sale] for cash or upon credit.

      4.  Except as otherwise provided in NRS 159.1515, a sale or disposition of any personal property of the ward must not be commenced until 30 days after an inventory of the property is filed with the court and a copy thereof is sent by regular mail to the persons specified in NRS 159.034. An affidavit of mailing must be filed with the court.

      5.  The guardian is responsible for the actual value of the personal property unless the guardian makes a report to the court, not later than 90 days after the conclusion of the sale, showing that good cause existed for the sale and that the property was sold for a price that was not disproportionate to the value of the property.

 


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      6.  The family members of the ward and any interested persons must be offered the first right of refusal to acquire the personal property of the ward at fair market value.

      Sec. 35. NRS 159.173 is hereby amended to read as follows:

      159.173  If a guardian of the estate sells or transfers any real or personal property that is specifically devised or bequeathed by the ward or which is held by the ward as a joint tenancy, designated as being held by the ward in trust for another person or held by the ward as a revocable trust and the ward [was competent] had the capacity to make a will or create the interest at the time the will or interest was created, but [was not competent] did not have the capacity to make a will or create the interest at the time of the sale or transfer and never executed a valid later will or changed the manner in which the ward held the interest, the devisee, beneficiary or legatee may elect to take the proceeds of the sale or other transfer of the interest, specific devise or bequest.

      Sec. 35.5. NRS 159.183 is hereby amended to read as follows:

      159.183  1.  Subject to the discretion and approval of the court and except as otherwise provided in subsection [4,] 5, a guardian must be allowed:

      (a) Reasonable compensation for the guardian’s services;

      (b) Necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and

      (c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.

      2.  Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:

      (a) The nature of the guardianship;

      (b) The type, duration and complexity of the services required; and

      (c) Any other relevant factors.

      3.  In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the ward. In evaluating the ability of a ward to pay such compensation and expenses, the court may consider:

      (a) The nature, extent and liquidity of the ward’s assets;

      (b) The disposable net income of the ward;

      (c) Any foreseeable expenses; and

      (d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.

      4.  Any compensation or expenses, including, without limitation, attorney’s fees, must not be paid from the estate of the ward unless and until the payment of such fees is approved by the court pursuant to this section or section 3 of this act, as applicable.

      5.  A [private professional] guardian is not allowed compensation or expenses , including, without limitation, attorney’s fees, for services incurred by the [private professional] guardian as a result of a petition to have him or her removed as guardian if the court removes the [private professional] guardian . [pursuant to the provisions of paragraph (b), (d), (e), (f) or (h) of subsection 1 of NRS 159.185.]

 


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      Sec. 36. NRS 159.185 is hereby amended to read as follows:

      159.185  1.  The court may remove a guardian if the court determines that:

      (a) The guardian has become mentally [incompetent,] incapacitated, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;

      (b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613 if the ward is an adult or NRS 159.061 if the ward is a minor;

      (c) The guardian has filed for bankruptcy within the previous 5 years;

      (d) The guardian of the estate has mismanaged the estate of the ward;

      (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:

             (1) The negligence resulted in injury to the ward or the estate of the ward; or

             (2) There was a substantial likelihood that the negligence would result in injury to the ward or the estate of the ward;

      (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;

      (g) The best interests of the ward will be served by the appointment of another person as guardian; or

      (h) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595.

      2.  A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.

      Sec. 37. NRS 159.1995 is hereby amended to read as follows:

      159.1995  1.  In a guardianship proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following:

      (a) Hold an evidentiary hearing;

      (b) Order a person in that state to produce evidence or give testimony pursuant to the procedures of that state;

      (c) Order that an evaluation or assessment be made of the ward;

      (d) Order any appropriate investigation of a person involved in a proceeding;

      (e) Forward to the court of this State a certified copy of the transcript or other record of a hearing under paragraph (a) or any other proceeding, any evidence otherwise produced under paragraph (b), and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d);

      (f) Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the proposed ward, the ward or the [incompetent;] person who is incapacitated; and

      (g) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state relating to the ward or proposed ward, including protected health information as defined in 45 C.F.R. § 160.103.

      2.  If a court of another state in which a guardianship or conservatorship proceeding is pending requests assistance of the kind provided in subsection 1, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

 


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      Sec. 38. NRS 159.215 is hereby amended to read as follows:

      159.215  1.  A member of the Armed Forces of the United States, a reserve component thereof or the National Guard may, by written instrument and without the approval of a court, appoint any [competent] adult residing in this State who is not incapacitated as the guardian of the person of a minor child who is a dependent of that member. The instrument must be:

      (a) Executed by both parents if living, not divorced and having legal custody of the child, otherwise by the parent having legal custody; and

      (b) Acknowledged in the same manner as a deed.

Ê If both parents do not execute the instrument, the executing parent shall send by certified mail, return receipt requested, to the other parent at his or her last known address, a copy of the instrument and a notice of the provisions of subsection 3.

      2.  The instrument must contain a provision setting forth the:

      (a) Branch of the Armed Forces;

      (b) Unit of current assignment;

      (c) Current rank or grade; and

      (d) Social security number or service number,

Ê of the parent who is the member.

      3.  The appointment of a guardian pursuant to this section:

      (a) May be terminated by a written instrument signed by either parent of the child if that parent has not been deprived of his or her parental rights to the child; and

      (b) Is terminated by any order of a court.

      Sec. 39. NRS 449.6922 is hereby amended to read as follows:

      449.6922  [“Incompetent”] “Incapacitated” has the meaning ascribed to it in NRS 159.019.

      Sec. 40. NRS 449.6942 is hereby amended to read as follows:

      449.6942  1.  A physician shall take the actions described in subsection 2:

      (a) If the physician diagnoses a patient with a terminal condition;

      (b) If the physician determines, for any reason, that a patient has a life expectancy of less than 5 years; or

      (c) At the request of a patient.

      2.  Upon the occurrence of any of the events specified in subsection 1, the physician shall explain to the patient:

      (a) The existence and availability of the Physician Order for Life-Sustaining Treatment form;

      (b) The features of and procedures offered by way of the POLST form; and

      (c) The differences between a POLST form and the other types of advance directives.

      3.  Upon the request of the patient, the physician shall complete the POLST form based on the preferences and medical indications of the patient.

      4.  A POLST form is valid upon execution by a physician and:

      (a) If the patient is 18 years of age or older and of sound mind, the patient;

      (b) If the patient is 18 years of age or older and [incompetent,] incapacitated, the representative of the patient; or

      (c) If the patient is less than 18 years of age, the patient and a parent or legal guardian of the patient.

 


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      5.  As used in this section, “terminal condition” has the meaning ascribed to it in NRS 449.590.

      Sec. 41. NRS 449.6944 is hereby amended to read as follows:

      449.6944  1.  A Physician Order for Life-Sustaining Treatment form may be revoked at any time and in any manner by:

      (a) The patient who executed it, if [competent,] not incapacitated, without regard to his or her age or physical condition;

      (b) If the patient is [incompetent,] incapacitated, the representative of the patient; or

      (c) If the patient is less than 18 years of age, a parent or legal guardian of the patient.

      2.  The revocation of a POLST form is effective upon the communication to a provider of health care, by the patient or a witness to the revocation, of the desire to revoke the form. The provider of health care to whom the revocation is communicated shall:

      (a) Make the revocation a part of the medical record of the patient; or

      (b) Cause the revocation to be made a part of the medical record of the patient.

      Sec. 42. NRS 449.695 is hereby amended to read as follows:

      449.695  1.  Except as otherwise provided in this section and NRS 449.6946, a provider of health care shall comply with a valid Physician Order for Life-Sustaining Treatment form, regardless of whether the provider of health care is employed by a health care facility or other entity affiliated with the physician who executed the POLST form.

      2.  A physician may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with the most current information available about the patient’s health status and goals of care. Before making a modification to a valid POLST form, the physician shall consult the patient or, if the patient is [incompetent,] incapacitated, shall make a reasonable attempt to consult the representative of the patient and the patient’s attending physician.

      3.  Except as otherwise provided in subsection 4, a provider of health care who is unwilling or unable to comply with a valid POLST form shall take all reasonable measures to transfer the patient to a physician or health care facility so that the POLST form will be followed.

      4.  Life-sustaining treatment must not be withheld or withdrawn pursuant to a POLST form of a patient known to the attending physician to be pregnant, so long as it is probable that the fetus will develop to the point of live birth with the continued application of life-sustaining treatment.

      5.  Nothing in this section requires a provider of health care to comply with a valid POLST form if the provider of health care does not have actual knowledge of the existence of the form.

      Sec. 43. NRS 616C.505 is hereby amended to read as follows:

      616C.505  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit and is payable as follows:

 

 

 

 


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ê2017 Statutes of Nevada, Page 3923 (Chapter 552, AB 130)ê

 

      1.  In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are payable in an amount not to exceed $10,000, plus the cost of transporting the remains of the deceased employee. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer.

      2.  Except as otherwise provided in subsection 3, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until the death of the surviving spouse.

      3.  If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection 2 must be paid as follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases:

      (a) To the surviving spouse, 50 percent of the death benefit is payable until the death of the surviving spouse; and

      (b) To each child of the deceased employee, regardless of whether the child is the child of the surviving spouse, the child’s proportionate share of 50 percent of the death benefit and, except as otherwise provided in subsection 11, if the child has a guardian, the compensation the child is entitled to receive may be paid to the guardian.

      4.  In the event of the subsequent death of the surviving spouse:

      (a) Each surviving child of the deceased employee, in addition to any amount the child may be entitled to pursuant to subsection 3, must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.

      (b) Except as otherwise provided in subsection 11, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian.

      5.  If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his or her proportionate share of 66 2/3 percent of the average monthly wage for the support of the child.

      6.  Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 33 1/3 percent of the average monthly wage.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 66 2/3 percent of the average monthly wage.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, his or her proportionate share of 66 2/3 percent of the average monthly wage.

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 3924 (Chapter 552, AB 130)ê

 

      7.  The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.

      8.  In all other cases involving a question of total or partial dependency:

      (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon the earnings of the deceased employee for support at the time of the injury causing his or her death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his or her death.

      (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

      9.  Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      10.  In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to the dependent, funeral expenses are payable in an amount not to exceed $10,000.

      11.  If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or [incompetent,] incapacitated, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, [“incompetent”] “incapacitated” has the meaning ascribed to it in NRS 159.019.

      12.  Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his or her proportionate share of compensation pursuant to this section ceases when the child dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if the child is:

 

 

 

 


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ê2017 Statutes of Nevada, Page 3925 (Chapter 552, AB 130)ê

 

      (a) Over 18 years of age and incapable of supporting himself or herself, until such time as the child becomes capable of supporting himself or herself; or

      (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until the child reaches the age of 22 years.

      13.  As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death.

      Sec. 43.3. Section 41 of Senate Bill No. 433 of this session is hereby amended to read as follows:

       Sec. 41. 1.  This section and sections 1 to [36,] 35, inclusive, 38, 39 and 40 of this act become effective on July 1, 2017.

       2.  Section 36 of this act becomes effective on October 1, 2017.

       3.  Section 37 of this act becomes effective on [July] October 1, 2017, if, and only if, Assembly Bill No. 319 of this session is enacted by the Legislature and becomes effective.

      Sec. 43.5.  1.  There is hereby appropriated from the State General Fund to the Nevada Supreme Court to pay the costs of the State Guardianship Compliance Office created by section 4 of this act:

For the Fiscal Year 2017-2018.................................................... $295,732

For the Fiscal Year 2018-2019.................................................... $659,019

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

      Sec. 44. NRS 159.1435 is hereby repealed.

      Sec. 45.  1.  This section and section 43.3 of this act become effective upon passage and approval.

      2.  Section 43.5 of this act becomes effective on July 1, 2017.

      3.  Sections 1 to 43, inclusive, and 44 of this act become effective on January 1, 2018.

________

 


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ê2017 Statutes of Nevada, Page 3926ê

 

CHAPTER 553, AB 249

Assembly Bill No. 249–Assemblymen Frierson, Bilbray-Axelrod, Sprinkle, Benitez-Thompson, Yeager; Elliot Anderson, Araujo, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Flores, Fumo, Jauregui, Joiner, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Spiegel, Swank, Thompson and Watkins

 

Joint Sponsors: Senators Ford, Ratti and Cancela

 

CHAPTER 553

 

[Approved: June 12, 2017]

 

AN ACT relating to health care; requiring the State Plan for Medicaid to provide certain benefits relating to contraception; revising provisions relating to dispensing of contraceptives; requiring all health insurance plans to provide certain benefits relating to contraception; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires most health insurance plans which cover prescription drugs and outpatient care to also include coverage for contraceptive drugs and devices without an additional copay, coinsurance or a higher deductible than that which may be charged for other prescription drugs and outpatient care under the plan. (NRS 689A.0415, 689A.0417, 689B.0376, 689B.0377, 695B.1916, 695B.1918, 695C.1694, 695C.1695) Certain plans, including small employer plans, benefit contracts provided by fraternal benefit societies, plans issued by a managed care organization and certain plans offered by governmental entities of this State are not currently subject to these requirements. (Chapters 287, 689C, 695A and 695G of NRS)

      The federal Patient Protection and Affordable Care Act, Pub. L. 111-148, as amended, requires certain contraceptive drugs, devices and services to be covered by every health insurance plan without any copay, coinsurance or higher deductible. (42 U.S.C. § 300gg-13(a)(4); 45 C.F.R. § 147.130) The provisions of this bill do not require a public or private insurer to provide coverage for the purpose of terminating a pregnancy. Sections 3, 4 and 7-25 of this bill align Nevada law with federal law, requiring all public and private health insurance plans made available in this State to provide coverage for certain benefits relating to contraception without any copay, coinsurance or a higher deductible. Sections 3, 4 and 7-25 require certain contraceptive drugs, devices and services which are approved by the Food and Drug Administration to be covered by a health insurance plan, including, without limitation, up to a 12-month supply of a drug for contraception or its therapeutic equivalent, insertion of a device for contraception, removal of such a device that was inserted while the insured was covered by the same policy of health insurance, education and counseling relating to contraception, management of side effects relating to contraception and voluntary sterilization for women. Sections 3, 4 and 7-25 allow an insurer to require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug. In addition, a health insurance plan must include for each method of contraception which is approved by the Food and Drug Administration and for which the insurer is required to provide coverage at least one contraceptive drug or device for which no deductible, copayment or coinsurance may be charged to the insured. Sections 3, 4 and 7-25 authorize an insurer to use medical management techniques to determine the frequency of treatment using the contraceptive drugs, devices and services required by this bill. Sections 3, 4 and 7-25 prohibit an insurer from using medical management techniques to require an insured to use a method of contraception other than that prescribed by a provider of health care. Sections 3, 4 and 7-25 additionally require an insurer to provide a process by which an insured may request an exemption from a medical management technique required by an insurer.

 


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ê2017 Statutes of Nevada, Page 3927 (Chapter 553, AB 249)ê

 

and 7-25 additionally require an insurer to provide a process by which an insured may request an exemption from a medical management technique required by an insurer. Sections 3, 4 and 7-25 also require a health insurance plan to provide coverage for certain therapeutic equivalent drugs relating to contraception when a therapeutic equivalent covered by the plan is deemed to be medically inappropriate by a provider of health care. Additionally, sections 7, 11, 14, 16, 17, 20 and 25 require that the benefits provided by a health insurance plan relating to contraception which are provided to the insured must also be provided to a covered dependent of an insured.

      Existing law allows an insurer which is affiliated with a religious organization and which objects on religious grounds to providing coverage for contraceptive drugs and devices to exclude coverage in its policies, plans or contracts for such drugs and devices. (NRS 689A.0415, 689B.0376, 695B.1916, 695C.1694) Sections 7, 11, 14, 16, 17, 20 and 25 of this bill move the religious exemption coverage for the contraceptive drugs, devices and services required by this bill to the new provisions relating to coverage of contraception.

      Existing law requires this State to develop a State Plan for Medicaid which includes, without limitation, a list of the medical services provided to Medicaid recipients. (42 U.S.C. § 1396a; NRS 422.063) Existing federal law authorizes a state to charge a copay, coinsurance or deductible for most Medicaid services, but prohibits any copay, coinsurance or deductible for certain contraceptive drugs, devices and services. (42 U.S.C. § 1396o-1) Existing federal law also authorizes a state to define the parameters of contraceptive coverage provided under Medicaid. (42 U.S.C. § 1396u-7) Existing Nevada law requires a number of specific medical services to be covered under Medicaid. (NRS 422.2717-422.27241) Section 1 of this bill requires the State Plan for Medicaid to include certain benefits relating to contraception currently required to be covered by private health insurance plans pursuant to existing Nevada law and the Patient Protection and Affordable Care Act, Pub. L. 111-148, as amended, as well as certain additional benefits related to contraception required by sections 3, 4 and 7-25 of this bill without any copay, coinsurance or deductible in most cases. The benefits relating to drugs for contraception which are provided by section 1 of this bill are subject to step therapy and prior authorization requirements pursuant to existing law.

      Existing law authorizes a pharmacist to dispense up to a 90-day supply of a drug pursuant to a valid prescription or order in certain circumstances. (NRS 639.2396) Section 4.5 of this bill requires a pharmacist to dispense up to a 12-month supply of drugs for contraception or a therapeutic equivalent thereof pursuant to a valid prescription or order if: (1) the patient has previously received a 3-month supply of the same drug; (2) the patient has previously received a 9-month supply of the same drug or a supply of the same drug for the balance of the plan year in which the 3-month supply was prescribed or ordered, whichever is less; (3) the patient is insured by the same health insurance plan; and (4) a provider of health care has not specified in the prescription or order that a different supply of the drug is necessary.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures for family planning services and supplies, including, without limitation:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

 


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ê2017 Statutes of Nevada, Page 3928 (Chapter 553, AB 249)ê

 

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Dispensed in accordance with section 4.5 of this act;

      (b) Any type of device for contraception which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration;

      (c) Insertion or removal of a device for contraception;

      (d) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      (e) Management of side effects relating to contraception; and

      (f) Voluntary sterilization for women.

      2.  Except as otherwise provided in subsections 4 and 5, to obtain any benefit included in the Plan pursuant to subsection 1, a person enrolled in Medicaid must not be required to:

      (a) Pay a higher deductible, any copayment or coinsurance; or

      (b) Be subject to a longer waiting period or any other condition.

      3.  The Director shall ensure that the provisions of this section are carried out in a manner which complies with the requirements established by the Drug Use Review Board and set forth in the list of preferred prescription drugs established by the Department pursuant to NRS 422.4025.

      4.  The Plan may require a person enrolled in Medicaid to pay a higher deductible, copayment or coinsurance for a drug for contraception if the person refuses to accept a therapeutic equivalent of the drug.

      5.  For each method of contraception which is approved by the Food and Drug Administration, the Plan must include at least one drug or device for contraception for which no deductible, copayment or coinsurance may be charged to the person enrolled in Medicaid, but the Plan may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      6.  As used in this section, “therapeutic equivalent” means a drug which:

      (a) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

      (b) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and     

      (c) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.5. NRS 422.401 is hereby amended to read as follows:

      422.401  As used in NRS 422.401 to 422.406, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 422.4015 and 422.402 have the meanings ascribed to them in those sections.

      Sec. 3. NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

 


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ê2017 Statutes of Nevada, Page 3929 (Chapter 553, AB 249)ê

 

the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 11 of this act and 689B.287 apply to coverage provided pursuant to this paragraph [.] , except that the provisions of section 11 of this act only apply to coverage for active officers and employees of the governing body or the dependents of such officers and employees.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

 


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ê2017 Statutes of Nevada, Page 3930 (Chapter 553, AB 249)ê

 

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (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.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 4. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.173, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 25 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 4.5. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2 and 3, pursuant to a valid prescription or order for a drug to be used for contraception or its therapeutic equivalent which has been approved by the Food and Drug Administration a pharmacist shall:

      (a) The first time dispensing the drug or therapeutic equivalent to the patient, dispense up to a 3-month supply of the drug or therapeutic equivalent.

      (b) The second time dispensing the drug or therapeutic equivalent to the patient, dispense up to a 9-month supply of the drug or therapeutic equivalent, or any amount which covers the remainder of the plan year if the patient is covered by a health care plan, whichever is less.

      (c) For a refill in a plan year following the initial dispensing of a drug or therapeutic equivalent pursuant to paragraphs (a) and (b), dispense up to a 12-month supply of the drug or therapeutic equivalent or any amount which covers the remainder of the plan year if the patient is covered by a health care plan, whichever is less.

      2.  The provisions of paragraphs (b) and (c) of subsection 1 only apply if:

      (a) The drug for contraception or the therapeutic equivalent of such drug is the same drug or therapeutic equivalent which was previously prescribed or ordered pursuant to paragraph (a) of subsection 1; and

      (b) The patient is covered by the same health care plan.

 


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ê2017 Statutes of Nevada, Page 3931 (Chapter 553, AB 249)ê

 

      3.  If a prescription or order for a drug for contraception or its therapeutic equivalent limits the dispensing of the drug or therapeutic equivalent to a quantity which is less than the amount otherwise authorized to be dispensed pursuant to subsection 1, the pharmacist must dispense the drug or therapeutic equivalent in accordance with the quantity specified in the prescription or order.

      4.  As used in this section:

      (a) “Health care plan” means a policy, contract, certificate or agreement offered or issued by an insurer, including without limitation, the State Plan for Medicaid, to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

      (b) “Plan year” means the year designated in the evidence of coverage of a health care plan in which a person is covered by such plan.

      (c) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

             (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 5. NRS 639.2396 is hereby amended to read as follows:

      639.2396  1.  Except as otherwise provided by subsection 2, a prescription which bears specific authorization to refill, given by the prescribing practitioner at the time he or she issued the original prescription, or a prescription which bears authorization permitting the pharmacist to refill the prescription as needed by the patient, may be refilled for the number of times authorized or for the period authorized if it was refilled in accordance with the number of doses ordered and the directions for use.

      2.  [A] Except as otherwise provided in section 4.5 of this act, a pharmacist may, in his or her professional judgment and pursuant to a valid prescription that specifies an initial amount of less than a 90-day supply of a drug other than a controlled substance followed by periodic refills of the initial amount of the drug, dispense not more than a 90-day supply of the drug if:

      (a) The patient has used an initial 30-day supply of the drug or the drug has previously been prescribed to the patient in a 90-day supply;

      (b) The total number of dosage units that are dispensed pursuant to the prescription does not exceed the total number of dosage units, including refills, that are authorized on the prescription by the prescribing practitioner; and

      (c) The prescribing practitioner has not specified on the prescription that dispensing the prescription in an initial amount of less than a 90-day supply followed by periodic refills of the initial amount of the drug is medically necessary.

      3.  Nothing in this section shall be construed to alter the coverage provided under any contract or policy of health insurance, health plan or program or other agreement arrangement that provides health coverage.

      Sec. 6. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 3932 (Chapter 553, AB 249)ê

 

      Sec. 7. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 7, an insurer that offers or issues a policy of health insurance shall include in the policy coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 10; and

             (4) Dispensed in accordance with section 4.5 of this act;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 10;

      (c) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same policy of health insurance;

      (d) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      (e) Management of side effects relating to contraception; and

      (f) Voluntary sterilization for women.

      2.  An insurer must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the insurer.

      4.  Except as otherwise provided in subsections 8, 9 and 11, an insurer that offers or issues a policy of health insurance shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition for coverage to obtain any benefit included in the policy pursuant to subsection 1;

      (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured any such benefit.

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

 


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ê2017 Statutes of Nevada, Page 3933 (Chapter 553, AB 249)ê

 

      6.  Except as otherwise provided in subsection 7, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2018, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

      7.  An insurer that offers or issues a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

      8.  An insurer may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      9.  For each of the 18 methods of contraception listed in subsection 10 that have been approved by the Food and Drug Administration, a policy of health insurance must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the insurer may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      10.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      11.  Except as otherwise provided in this section and federal law, an insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      12.  An insurer shall not use medical management techniques to require an insured to use a method of contraception other than the method prescribed or ordered by a provider of health care.

 


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ê2017 Statutes of Nevada, Page 3934 (Chapter 553, AB 249)ê

 

      13.  An insurer must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the insurer to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      14.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a policy of health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.

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

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

             (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 8. NRS 689A.0415 is hereby amended to read as follows:

      689A.0415  1.  [Except as otherwise provided in subsection 5, an] An insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs or devices shall include in the policy coverage for [:

      (a) Any type of drug or device for contraception; and

      (b) Any] any type of hormone replacement therapy [,

Ê] which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.

      2.  An insurer that offers or issues a policy of health insurance that provides coverage for prescription drugs shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for a prescription for [a contraceptive or] hormone replacement therapy than is required for other prescription drugs covered by the policy;

      (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future [any of the services listed in subsection 1;] hormone replacement therapy;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing [any of the services listed in subsection 1;] hormone replacement therapy;

      (d) Penalize a provider of health care who provides [any of the services listed in subsection 1] hormone replacement therapy to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

 


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      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay [any of the services listed in subsection 1] hormone replacement therapy to an insured.

      3.  [Except as otherwise provided in subsection 5, a] A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  The provisions of this section do not:

      (a) Require an insurer to provide coverage for fertility drugs.

      (b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by [paragraphs (a) and (b) of] subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the policy.

      5.  [An insurer which offers or issues a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

      6.]  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 9. NRS 689A.0417 is hereby amended to read as follows:

      689A.0417  1.  [Except as otherwise provided in subsection 5, an] An insurer that offers or issues a policy of health insurance which provides coverage for outpatient care shall include in the policy coverage for any health care service related to [contraceptives or] hormone replacement therapy.

      2.  An insurer that offers or issues a policy of health insurance that provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for outpatient care related to [contraceptives or] hormone replacement therapy than is required for other outpatient care covered by the policy;

      (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future [any of the services listed in subsection 1;] hormone replacement therapy;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing [any of the services listed in subsection 1;] hormone replacement therapy;

      (d) Penalize a provider of health care who provides [any of the services listed in subsection 1] hormone replacement therapy to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay [any of the services listed in subsection 1] hormone replacement therapy to an insured.

 


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      3.  [Except as otherwise provided in subsection 5, a] A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the policy.

      5.  [An insurer which offers or issues such a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

      6.]  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 10. NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 7 of this act.

      Sec. 11. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 7, an insurer that offers or issues a policy of group health insurance shall include in the policy coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 11; and

             (4) Dispensed in accordance with section 4.5 of this act;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 11;

      (c) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same policy of group health insurance;

      (d) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      (e) Management of side effects relating to contraception; and

      (f) Voluntary sterilization for women.

      2.  An insurer must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

 


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      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the insurer.

      4.  Except as otherwise provided in subsections 9, 10 and 12, an insurer that offers or issues a policy of group health insurance shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit included in the policy pursuant to subsection 1;

      (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement to the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

      6.  Except as otherwise provided in subsection 7, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2018, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

      7.  An insurer that offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

      8.  If an insurer refuses, pursuant to subsection 7, to provide the coverage required by subsection 1, an employer may otherwise provide for the coverage for the employees of the employer.

      9.  An insurer may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      10.  For each of the 18 methods of contraception listed in subsection 11 that have been approved by the Food and Drug Administration, a policy of group health insurance must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the insurer may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

 


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      11.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;