Link to Page 1188

 

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ê2007 Statutes of Nevada, Page 1189ê

 

CHAPTER 303, AB 507

Assembly Bill No. 507–Committee on Health and Human Services

 

CHAPTER 303

 

AN ACT relating to children; requiring certain facilities which have physical custody of children pursuant to the order of a court to ensure that employees who come into direct contact with children in the facilities receive certain training; requiring an annual inspection of certain facilities located outside of this State which have physical custody of children from this State; requiring certain child care facilities to be licensed by the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services rather than by a city or county licensing agency; making various changes concerning the annual inspections of certain facilities which have physical custody of children pursuant to the order of a court; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Sections 1, 6, 12, 13 and 14 of this bill require certain facilities that have custody of children pursuant to the order of a court to ensure that each employee of the facility that comes into direct contact with children in the facility receives training within 30 days after employment and annually thereafter concerning various issues affecting the health, welfare, safety and civil and other rights of those children.

      Section 2 of this bill requires the Administrator of the Division of Child and Family Services of the Department of Health and Human Services or his designee to inspect physically any out-of-state facility to which a child from this State who is in the custody of the Division may be transferred before or at the time of the transfer to ensure the appropriateness of the placement. Section 2 further requires the Administrator or his designee to inspect physically the facility and interview the child placed in the out-of-state facility at least one time each year.

      Existing law authorizes the licensing agency of a county or incorporated city, if established, to license child care facilities in the county or city. (NRS 432A.131) Sections 5, 8 and 9 of this bill provide that certain types of child care facilities must be licensed by the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services regardless of whether there is a county or city licensing agency. (NRS 432A.024, 432A.131)

      Sections 10, 15 and 16 of this bill require that annual inspections of facilities which have custody of children pursuant to the order of a court include the inspection of certain areas and require that the reports of such inspections be made public. (NRS 432A.180, 444.330, 444.335)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A licensee that operates a group foster home shall ensure that each employee who comes into direct contact with children in the home receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

      (a) Controlling the behavior of children;

 


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      (b) Policies and procedures concerning the use of force and restraint on children;

      (c) The rights of children in the home;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

      (f) Applicable state and federal constitutional and statutory rights of children in the home;

      (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the home; and

      (h) Such other matters as required by the licensing authority or pursuant to regulations of the Division.

      2.  The Division shall adopt regulations necessary to carry out the provisions of this section.

      Sec. 2.  Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before or at the time the Division transfers a child who has been committed to the custody of the Division to a facility located outside this State, the Administrator or his designee shall physically inspect the facility to determine whether the facility:

      (a) Provides the services or treatment necessary for the child;

      (b) Is either accredited or licensed and in good standing with the entity which accredits or licenses the facility; and

      (c) Is subject to health inspections and the results of any such health inspections conducted within the immediately preceding 3 years.

      2.  If a child is placed in a facility that is located outside this State, the Administrator of the Division or his designee shall, at least one time each year, to ensure the continued appropriateness of the placement:

      (a) Physically inspect the facility;

      (b) Review the services being provided to the child at the facility and any treatment plan established for the child; and

      (c) Interview the child.

      3.  The provisions of this section apply to any child committed to the custody of the Division pursuant to title 5 of NRS, chapter 432B or 433B of NRS or pursuant to any other authority.

      Sec. 3.  NRS 432.080 is hereby amended to read as follows:

      432.080  All administrative expenses incurred by the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and section 2 of this act must be paid out of money which may be appropriated by the Legislature from the State General Fund and out of such other money as may be made available to the Division for the payment of administrative expenses. Disbursements must be made upon claims filed and allowed in the same manner as other money in the State Treasury is disbursed. All claims must be approved by the Administrator before they are paid.

      Sec. 4.  Chapter 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  “Child care institution” means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. Such an institution may also provide, without limitation:

 


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      1.  Education to the children according to a curriculum approved by the Department of Education;

      2.  Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.080, including, without limitation, services relating to mental health and education; or

      3.  Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.

      Sec. 6.  1.  A licensee that operates a child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall ensure that each employee who comes into direct contact with children in the facility receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

      (a) Controlling the behavior of children;

      (b) Policies and procedures concerning the use of force and restraint on children;

      (c) The rights of children in the emergency shelter;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

      (f) Applicable state and federal constitutional and statutory rights of children in the emergency shelter;

      (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the emergency shelter; and

      (h) Such other matters as required by the Board.

      2.  The Board shall adopt regulations necessary to carry out the provisions of this section.

      Sec. 7.  NRS 432A.020 is hereby amended to read as follows:

      432A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.028, inclusive, and section 5 of this act, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 432A.024 is hereby amended to read as follows:

      432A.024  1.  “Child care facility” means:

      (a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children;

      (b) An on-site child care facility; [or]

      (c) A child care institution; or

      (d) An outdoor youth program.

      2.  “Child care facility” does not include:

      (a) The home of a natural parent or guardian, foster home as defined in [chapter 424 of] NRS 424.014 or maternity home;

      (b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility; or

      (c) A home in which a person provides care for the children of a friend or neighbor for not more than 4 weeks if the person who provides the care does not regularly engage in that activity.

 


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      Sec. 9.  NRS 432A.131 is hereby amended to read as follows:

      432A.131  1.  Child care facilities , other than child care institutions, in any county or incorporated city where the governing body has established an agency for the licensing of child care facilities and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the Bureau. The licensing agency shall adopt such standards and other regulations as may be necessary for the licensing of child care facilities, and the standards and regulations:

      (a) Must be not less restrictive than those adopted by the Board; and

      (b) Take effect only upon their approval by the Bureau.

      2.  An agency for the licensing of child care facilities established by a city or county may waive compliance with a particular standard or other regulation by a child care facility if:

      (a) The agency finds that the practices and policies of that facility are substantially equivalent to those required by the agency in its standards and other regulations; and

      (b) The waiver does not allow a practice which violates a regulation adopted by the Board.

      3.  A governing body may adopt such standards and other regulations as may be necessary for the regulation of facilities which provide care for fewer than five children. If the standards so adopted are less restrictive than the standards for the licensure of child care facilities which have been adopted by the Board, the governing body shall not issue a license to the smaller facilities, but may register them in accordance with the standards which are less restrictive.

      4.  If a governing body intends to amend or repeal an ordinance providing for the licensing of child care facilities and the effect of that action will be the discontinuance of the governing body’s licensure of child care facilities, the governing body shall notify the Bureau of its intention to do so at least 12 months before the amendment or repeal becomes effective.

      5.  A child care institution must be licensed by the Bureau.

      Sec. 10.  NRS 432A.180 is hereby amended to read as follows:

      432A.180  1.  Any authorized member or employee of the Bureau may enter and inspect any building or premises of a child care facility or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of any provision of this chapter.

      2.  The State Fire Marshal or his designate shall, at least annually:

      (a) Enter and inspect every building or premises of a child care facility, on behalf of the Bureau; and

      (b) Observe and make recommendations regarding the drills conducted pursuant to NRS 432A.077,

Ê to secure compliance with standards for safety from fire and other emergencies.

      3.  The State Health Officer or his designate shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program, on behalf of the Bureau, to secure compliance with standards for health and sanitation.

      4.  The annual inspection of any child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility.

 


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facility. The State Health Officer shall publish reports of the inspections and make them available for public inspection upon request.

      Sec. 11.  NRS 432A.220 is hereby amended to read as follows:

      432A.220  Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and section 6 of this act is guilty of a misdemeanor.

      Sec. 12.  Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall ensure that each employee who comes into direct contact with children who are in custody receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

      (a) Controlling the behavior of children;

      (b) Policies and procedures concerning the use of force and restraint on children;

      (c) The rights of children in the institution or agency;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

      (f) Applicable state and federal constitutional and statutory rights of children in the institution or agency;

      (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the institution or agency; and

      (h) Such other matters as required by the Division of Child and Family Services.

      2.  The Division of Child and Family Services shall adopt regulations necessary to carry out the provisions of this section.

      Sec. 13.  Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The superintendent of a facility shall ensure that each employee who comes into direct contact with children in the facility receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

      (a) Controlling the behavior of children;

      (b) Policies and procedures concerning the use of force and restraint on children;

      (c) The rights of children in the facility;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

      (f) Applicable state and federal constitutional and statutory rights of children in the home;

      (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the facility; and

      (h) Such other matters as required by the Administrator of the Division of Child and Family Services.

      2.  The Administrator of the Division of Child and Family Services shall provide direction to the superintendent of each facility concerning the manner in which to carry out the provisions of this section.

 


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      Sec. 14.  Chapter 433B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Administrator shall ensure that each employee who comes into direct contact with children at any treatment facility and any other division facility into which a child may be committed by a court order receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

      (a) Controlling the behavior of children;

      (b) Policies and procedures concerning the use of force and restraint on children;

      (c) The rights of children in the emergency shelter;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

      (f) Applicable state and federal constitutional and statutory rights of children in the emergency shelter;

      (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the emergency shelter; and

      (h) Such other matters as required by the Board.

      2.  The Division shall adopt regulations necessary to carry out the provisions of this section.

      Sec. 15.  NRS 444.330 is hereby amended to read as follows:

      444.330  1.  The Health Division has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:

      (a) Institutions and facilities of the Department of Corrections.

      (b) Northern Nevada Adult Mental Health Services.

      (c) Nevada Youth Training Center, Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      (d) Nevada System of Higher Education.

      2.  The State Board of Health may adopt regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and, as it pertains to the foregoing matters, the safety of those institutions.

      3.  The State Health Officer or his authorized agent shall inspect those institutions at least once each calendar year and whenever he deems an inspection necessary to carry out the provisions of this section. The inspection of any state facility for the detention of children that is operated pursuant to title 5 of NRS must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the facility.

      4.  The State Health Officer shall publish reports of the inspections of any state facility for the detention of children that is operated pursuant to title 5 of NRS and may publish reports of the inspections [.] other state institutions.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate the institutions in conformity with the regulations adopted by the State Board of Health pursuant to subsection 2.

      6.  The State Health Officer or his authorized agent may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of the institutions and to determine whether the provisions of this section and the regulations of the State Board of Health pertaining thereto are being violated.

 


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the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of the institutions and to determine whether the provisions of this section and the regulations of the State Board of Health pertaining thereto are being violated.

      Sec. 16.  NRS 444.335 is hereby amended to read as follows:

      444.335  1.  The health authority shall have supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following city, county and private institutions:

      (a) Jails, correctional institutions and other institutions performing similar functions [;] , including, without limitation, any facility for the detention of children;

      (b) Schools; and

      (c) School gymnasiums.

      2.  The State Board of Health shall, with respect to jails, correctional institutions and other institutions performing similar functions, including, without limitation, any facility for the detention of children, and may, with respect to the other institutions named in subsection 1, adopt and enforce such regulations as are necessary to promote properly the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of those institutions.

      3.  The health authority shall inspect those institutions at least once each calendar year and at such other times as, in its discretion, it deems an inspection necessary to carry out the provisions of this section, except that inspections of schools and gymnasiums shall be made at least twice each year, once during each semester. The inspection of any institution which has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the facility.

      4.  A report of the findings of an inspection must be made to the State Health Officer within 20 days following the inspection. The State Health Officer shall publish the report of the inspection of any facility which has physical custody of children pursuant to the order of a court and may from time to time, in his discretion, publish the reports of [those] the inspections [.] of other institutions.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate those institutions in conformity with regulations relating to sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, adopted by the State Board of Health.

      6.  The health authority may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which it has jurisdiction, to determine the sanitary conditions of those places and to determine whether the provisions of this section and the regulations of the State Board of Health pertaining thereto are being violated.

      Secs. 17-24.  (Deleted by amendment.)

      Sec. 25.  1.  The training required for employees pursuant to sections 1, 6, 12, 13 and 14 must be provided to all employees holding positions on October 1, 2007, by not later than November 1, 2007.

      2.  A child care institution which must be licensed by the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services pursuant to section 9 of this act must obtain such a license by not later than January 1, 2008.

 


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ê2007 Statutes of Nevada, Page 1196 (Chapter 303, AB 507)ê

 

Department of Health and Human Services pursuant to section 9 of this act must obtain such a license by not later than January 1, 2008.

      3.  The amendatory provisions of sections 10, 15 and 16 of this act apply to the next inspection conducted pursuant to those sections.

      Sec. 26.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2007, for all other purposes.

________

 

CHAPTER 304, AB 567

Assembly Bill No. 567–Committee on Education

 

CHAPTER 304

 

AN ACT relating to education; revising provisions governing the Nevada Plan and the apportionments and allowances from the State Distributive School Account to include pupils who are enrolled in a university school for profoundly gifted pupils; requiring the governing body of a university school to adopt certain rules; revising provisions governing the employment of unlicensed personnel at a university school; revising provisions relating to the appointment and membership of the governing body of a university school; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the formation and operation of university schools for profoundly gifted pupils. (Chapter 392A of NRS) Under existing law, a university school for profoundly gifted pupils is a public school but is not entitled to receive any money from this State. (NRS 392A.050) Section 12 of this bill provides that the pupils enrolled in a university school for profoundly gifted pupils must be included in the count of pupils of the school district in which the university school is located for purposes of apportionments and allowances from the State Distributive School Account. Section 12 also provides that a university school for profoundly gifted pupils is entitled to receive its proportionate share of any other money available from federal, state or local sources that the university school or the pupils enrolled in the university school are eligible to receive. Sections 2-10 of this bill revise provisions governing the count of pupils for support from the State Distributive School Account to reflect the enrollment of pupils enrolled in a university school for profoundly gifted pupils.

      Sections 14-16 of this bill require the governing body of a university school for profoundly gifted pupils to: (1) adopt rules for the academic advancement pupils, including the development of a 4-year academic plan for each pupil; (2) submit information to the Department of Education in the format prescribed by the Department for the purposes of accountability reporting for the university school; and (3) adopt written rules of behavior for the pupils enrolled in the university school.

      Section 17 of this bill requires each applicant for employment with a university school for profoundly gifted pupils who is not licensed by the Superintendent of Public Instruction to submit a complete set of his fingerprints for a criminal background check.

 


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      Under existing law, the provisions of title 34 of NRS do not apply to a university school for profoundly gifted pupils, except as otherwise provided by specific statute. (NRS 392A.060) Section 20 of this bill provides that in addition to specific statute, the State Board of Education may adopt regulations governing university schools for profoundly gifted pupils as determined necessary by the Superintendent of Public Instruction.

      Section 21 of this bill revises provisions concerning the appointment and membership of the governing body of a university school for profoundly gifted pupils.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.650 is hereby amended to read as follows:

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

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

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

             (2) In a separate reporting for each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

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

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

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

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

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

      (e) Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

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

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

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction but must not be used for the purpose of evaluating an individual teacher or paraprofessional.

 


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improving classroom instruction but must not be used for the purpose of evaluating an individual teacher or paraprofessional.

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

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

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

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

      3.  The Superintendent of Public Instruction shall:

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

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

      (c) Prescribe the format for the data;

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

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

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

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

             (1) Individual pupils;

             (2) Individual teachers and paraprofessionals;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

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

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

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

 


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such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

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

      Sec. 2.  NRS 387.121 is hereby amended to read as follows:

      387.121  The Legislature declares that the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, this State should supplement local financial ability to whatever extent necessary in each school district to provide programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore , the quintessence of the State’s financial obligation for such programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid to school districts equals the difference between school district basic support guarantee and local available funds produced by mandatory taxes minus all the local funds attributable to pupils who reside in the county but attend a charter school [.] or a university school for profoundly gifted pupils. This formula is designated the Nevada Plan.

      Sec. 3.  NRS 387.1211 is hereby amended to read as follows:

      387.1211  As used in NRS 387.121 to 387.126, inclusive:

      1.  “Average daily attendance” means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.

      2.  “Enrollment” means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district , [or a] charter school or university school for profoundly gifted pupils at a specified time during the school year.

      3.  “Special education program unit” means an organized unit of special education and related services which includes full-time services of persons licensed by the Superintendent of Public Instruction or other appropriate licensing body, providing a program of instruction in accordance with minimum standards prescribed by the State Board.

      Sec. 4.  NRS 387.1221 is hereby amended to read as follows:

      387.1221  1.  The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.

      2.  Any unused allocations for special education program units may be reallocated to other school districts , [or] charter schools or university schools for profoundly gifted pupils by the Superintendent of Public Instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated.

 


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programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.

      3.  A school district , [or] a charter school or a university school for profoundly gifted pupils may, after receiving the approval of the Superintendent of Public Instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.

      Sec. 5.  NRS 387.123 is hereby amended to read as follows:

      387.123  1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district, including, without limitation, a program of distance education provided by the school district, [or] pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, and pupils who are enrolled in a university school for profoundly gifted pupils located in the county, for:

      (a) Pupils in the kindergarten department.

      (b) Pupils in grades 1 to 12, inclusive.

      (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

      (d) Pupils who reside in the county and are enrolled part time in a program of distance education if an agreement is filed with the Superintendent of Public Instruction pursuant to NRS 388.854 or 388.858, as applicable.

      (e) Children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

      (f) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560 and pupils who are enrolled in classes pursuant to subsection 5 of NRS 386.580.

      (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

      (h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).

      2.  The State Board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the State Board:

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days, or its equivalent for those public schools operating under an alternative schedule authorized pursuant to NRS 388.090.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

 


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ê2007 Statutes of Nevada, Page 1201 (Chapter 304, AB 567)ê

 

      3.  Except as otherwise provided in subsection 4 and NRS 388.700, the State Board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this State which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

Ê If the Superintendent of Public Instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the State Board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the State Board may direct him to withhold the quarterly apportionment entirely.

      4.  The provisions of subsection 3 do not apply to a charter school [or] , a university school for profoundly gifted pupils or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 6.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year [.] and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

             (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

             (4) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

 


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ê2007 Statutes of Nevada, Page 1202 (Chapter 304, AB 567)ê

 

                   (II) In a charter school and are concurrently enrolled part time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

             (5) The count of pupils not included under subparagraph (1), (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

             (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

             (7) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

             (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560, subsection 5 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for either or both of the immediately preceding 2 school years, the largest number must be used from among the 3 years for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      4.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      5.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

 


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ê2007 Statutes of Nevada, Page 1203 (Chapter 304, AB 567)ê

 

      Sec. 7.  NRS 387.124 is hereby amended to read as follows:

      387.124  Except as otherwise provided in this section and NRS 387.528:

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts , [and] charter schools and university schools for profoundly gifted pupils in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school , [and] all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school [.] and all the funds attributable to pupils who are enrolled in a university school for profoundly gifted pupils located in the county. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by NRS 388.854, the Superintendent of Public Instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

      2.  Except as otherwise provided in subsection 3, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

      3.  The apportionment to a charter school that is sponsored by the State Board, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides, minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school.

      4.  In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to NRS 388.854 or 388.858, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

 


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ê2007 Statutes of Nevada, Page 1204 (Chapter 304, AB 567)ê

 

counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

      5.  The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

      6.  The apportionment to a university school for profoundly gifted pupils, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the university school is located plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the university school is located. If the apportionment per pupil to a university school for profoundly gifted pupils is more than the amount to be apportioned to the school district in which the university school is located, the school district shall pay the difference directly to the university school. The governing body of a university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A university school for profoundly gifted pupils may receive all four apportionments in advance in its first year of operation.

      7.  The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the “Nutrition State Match” pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the district’s reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.

      [7.] 8.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

      Sec. 8.  NRS 387.1243 is hereby amended to read as follows:

      387.1243  1.  The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.

      2.  The apportionments to a school district may be adjusted during a fiscal year by the Department of Education, upon approval by the State Board of Examiners and the Interim Finance Committee, if the Department of Taxation and the county assessor in the county in which the school district is located certify to the Department of Education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:

 


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ê2007 Statutes of Nevada, Page 1205 (Chapter 304, AB 567)ê

 

is located certify to the Department of Education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:

      (a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and

      (b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.

Ê If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the State Distributive School Account in the State General Fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.

      3.  On or before August 1 of each year, the board of trustees of a school district shall provide to the Department, in a format prescribed by the Department, the count of pupils calculated pursuant to subparagraph (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the Department must be included in the final adjustment computed pursuant to subsection 4.

      4.  A final adjustment for each school district , [and] charter school and university school for profoundly gifted pupils must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district , [or] a charter school located within the school district or a university school for profoundly gifted pupils located within the school district described in paragraphs (a), (b), (c) and (e) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:

      (a) A 3-percent gain, basic support as computed from first-month enrollment for the school district , [or] charter school or university school for profoundly gifted pupils must be increased by 2 percent.

      (b) A 6-percent gain, basic support as computed from first-month enrollment for the school district , [or] charter school or university school for profoundly gifted pupils must be increased by an additional 2 percent.

      5.  If the final computation of apportionment for any school district , [or] charter school or university school for profoundly gifted pupils exceeds the actual amount paid to the school district , [or] charter school or university school for profoundly gifted pupils during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district , [or] charter school or university school for profoundly gifted pupils is less than the actual amount paid to the school district , [or] charter school or university school for profoundly gifted pupils during the school year, the difference must be repaid to the State Distributive School Account in the State General Fund by the school district , [or] charter school or university school for profoundly gifted pupils before September 25.

 


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ê2007 Statutes of Nevada, Page 1206 (Chapter 304, AB 567)ê

 

profoundly gifted pupils during the school year, the difference must be repaid to the State Distributive School Account in the State General Fund by the school district , [or] charter school or university school for profoundly gifted pupils before September 25.

      Sec. 9.  NRS 387.126 is hereby amended to read as follows:

      387.126  The Superintendent of Public Instruction may in his discretion and shall when so directed by the State Board verify by independent audit or other suitable examination the reports of enrollment and daily attendance submitted by any school district , [or] charter school or university school for profoundly gifted pupils for apportionment purposes.

      Sec. 10.  NRS 387.185 is hereby amended to read as follows:

      387.185  1.  Except as otherwise provided in subsection 2 and NRS 387.528, all school money due each county school district must be paid over by the State Treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.

      2.  Except as otherwise provided in NRS 387.528, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the State Treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.

      3.  No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this title and regulations adopted pursuant thereto.

      4.  Except as otherwise provided in this subsection, all school money due each charter school must be paid over by the State Treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to subsection 5 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the State Treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.

      5.  Except as otherwise provided in this subsection, all school money due each university school for profoundly gifted pupils must be paid over by the State Treasurer to the governing body of the university school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to subsection 6 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the university school must be paid by the State Treasurer to the governing body of the university school on July 1, October 1, January 1 or April 1, as applicable.

 


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ê2007 Statutes of Nevada, Page 1207 (Chapter 304, AB 567)ê

 

to the university school must be paid by the State Treasurer to the governing body of the university school on July 1, October 1, January 1 or April 1, as applicable.

      Sec. 11.  Chapter 392A of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 17, inclusive, of this act.

      Sec. 12.  1.  Each pupil who is enrolled in a university school for profoundly gifted pupils, including, without limitation, a pupil who is enrolled in a program of special education in a university school for profoundly gifted pupils, must be included in the count of pupils in the school district in which the school is located for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory school attendance pursuant to NRS 392.070.

      2.  A university school for profoundly gifted pupils is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.

      3.  If a university school for profoundly gifted pupils receives money for special education program units directly from this State, the amount of money for special education that the school district pays to the university school for profoundly gifted pupils may be reduced proportionately by the amount of money the university school received from this State for that purpose.

      4.  All money received by a university school for profoundly gifted pupils from this State or from the board of trustees of a school district must be deposited in a bank, credit union or other financial institution in this State.

      5.  The governing body of a university school for profoundly gifted pupils may negotiate with the board of trustees of the school district in which the school is located or the State Board for additional money to pay for services that the governing body wishes to offer.

      6.  To determine the amount of money for distribution to a university school for profoundly gifted pupils in its first year of operation in which state funding is provided, the count of pupils who are enrolled in the university school must initially be determined 30 days before the beginning of the school year of the school district in which the university school is located, based upon the number of pupils whose applications for enrollment have been approved by the university school. The count of pupils who are enrolled in a university school for profoundly gifted pupils must be revised on the last day of the first school month of the school district in which the university school is located for the school year, based upon the actual number of pupils who are enrolled in the university school.

      7.  Pursuant to subsection 6 of NRS 387.124, the governing body of a university school for profoundly gifted pupils may request that the apportionments made to the university school in its first year of operation be paid to the university school 30 days before the apportionments are otherwise required to be made.

      8.  If a university school for profoundly gifted pupils ceases to operate pursuant to this chapter during a school year, the remaining apportionments that would have been made to the university school pursuant to NRS 387.124 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the university school reside.

 


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ê2007 Statutes of Nevada, Page 1208 (Chapter 304, AB 567)ê

 

pursuant to NRS 387.124 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the university school reside.

      9.  If the governing body of a university school for profoundly gifted pupils uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the university school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

      Sec. 13.  1.  The governing body of a university school for profoundly gifted pupils shall designate a person to draw all orders for the payment of money belonging to the university school. The orders must be listed on cumulative voucher sheets.

      2.  The governing body of a university school for profoundly gifted pupils shall prescribe the procedures by which the orders must be approved and the cumulative vouchers sheets signed.

      3.  An order for the payment of money to a member of the governing body of a university school for profoundly gifted pupils may only be drawn for salary, travel expenses, subsistence allowances or for services rendered by a member.

      4.  An action may not be maintained against the governing body of a university school for profoundly gifted pupils or against a university school for profoundly gifted pupils to collect upon any bill not presented for payment to the governing body within 6 months after the bill was incurred.

      Sec. 14.  1.  The governing body of a university school for profoundly gifted pupils shall adopt rules for the academic advancement of pupils who are enrolled in the university school, including, without limitation, the development of a 4-year academic plan for each pupil. The rules must prescribe the conditions under which the equivalent grade level of a pupil will be identified for the purpose of administering the achievement and proficiency examinations pursuant to NRS 392A.110.

      2.  On an annual basis, each university school for profoundly gifted pupils shall evaluate the progress of each pupil in satisfying the requirements set forth in the 4-year academic plan for the pupil.

      3.  If a pupil has successfully completed equivalent courses at a university school for profoundly gifted pupils, the pupil must be allowed to transfer the credit that he received at the university school as applicable toward promotion to the next grade at any public school in this State or toward graduation from a public high school in this State.

      Sec. 15.  The governing body of a university school for profoundly gifted pupils shall submit to the Department in a format prescribed by the Department such information as requested by the Superintendent of Public Instruction for purposes of accountability reporting for the university school.

      Sec. 16.  1.  The governing body of a university school for profoundly gifted pupils shall adopt:

      (a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and

      (b) Appropriate punishments for violations of the rules.

      2.  Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing.

 


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ê2007 Statutes of Nevada, Page 1209 (Chapter 304, AB 567)ê

 

against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.

      3.  A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the university school for profoundly gifted pupils immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.

      4.  A pupil who is enrolled in a university school for profoundly gifted pupils and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the governing body of the university school for such matters, be:

      (a) Suspended from the university school pursuant to this section for not more than 10 days.

      (b) Suspended from the university school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      5.  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.

      (b) Available for public inspection at the university school.

      6.  The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      Sec. 17.  1.  Each applicant for employment with a university school for profoundly gifted pupils, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the governing body of the university school a complete set of his fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      2.  If the reports on the criminal history of an applicant indicate that the applicant has not been convicted of a felony or an offense involving moral turpitude, the governing body of the university school for profoundly gifted pupils may employ the applicant.

      3.  If a report on the criminal history of an applicant indicates that the applicant has been convicted of a felony or an offense involving moral turpitude and the governing body of the university school for profoundly gifted pupils does not disqualify the applicant from further consideration of employment on the basis of that report, the governing body shall, upon the written authorization of the applicant, forward a copy of the report to the Superintendent of Public Instruction.

 


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ê2007 Statutes of Nevada, Page 1210 (Chapter 304, AB 567)ê

 

gifted pupils does not disqualify the applicant from further consideration of employment on the basis of that report, the governing body shall, upon the written authorization of the applicant, forward a copy of the report to the Superintendent of Public Instruction. If the applicant refuses to provide his written authorization to forward a copy of the report pursuant to this subsection, the university school shall not employ the applicant.

      4.  The Superintendent of Public Instruction or his designee shall promptly review the report to determine whether the conviction of the applicant is related or unrelated to the position with the university school for profoundly gifted pupils for which the applicant has applied. If the applicant desires employment with the university school, he shall, upon the request of the Superintendent of Public Instruction or his designee, provide any further information that the Superintendent or his designee determines is necessary to make the determination. If the governing body of the university school desires to employ the applicant, the governing body shall, upon the request of the Superintendent of Public Instruction or his designee, provide any further information that the Superintendent or his designee determines is necessary to make the determination. The Superintendent of Public Instruction or his designee shall provide written notice of the determination to the applicant and to the governing body of the university school.

      5.  If the Superintendent of Public Instruction or his designee determines that the conviction of the applicant is related to the position with the university school for profoundly gifted pupils for which the applicant has applied, the governing body of the university school shall not employ the applicant. If the Superintendent of Public Instruction or his designee determines that the conviction of the applicant is unrelated to the position with the university school for which the applicant has applied, the governing body of the university school may employ the applicant for that position.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  NRS 392A.050 is hereby amended to read as follows:

      392A.050  [Notwithstanding the provisions of NRS 385.007 to the contrary,] Pursuant to NRS 385.007, a university school for profoundly gifted pupils shall be deemed a public school [, except that a university school for profoundly gifted pupils is not] and is entitled to receive [any] money from the State.

      Sec. 20.  NRS 392A.060 is hereby amended to read as follows:

      392A.060  1.  Except as otherwise provided by specific statute [,] and by regulation of the State Board as determined necessary by the Superintendent of Public Instruction, the provisions of title 34 of NRS do not apply to a university school for profoundly gifted pupils.

      2.  The employees of a university school for profoundly gifted pupils shall be deemed public employees.

      Sec. 21.  NRS 392A.080 is hereby amended to read as follows:

      392A.080  1.  The governing body of a university school for profoundly gifted pupils [must consist] consists of [nine] 10 members . [and must include the] The Superintendent of Public Instruction, the president of the university where the university school for profoundly gifted pupils is located [, who] and the superintendent of schools of the school district in which the university school for profoundly gifted pupils is located shall serve ex officio [.] as nonvoting advisory members of the governing body.

 


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ê2007 Statutes of Nevada, Page 1211 (Chapter 304, AB 567)ê

 

The Governor , the Majority Leader of the Senate and the Speaker of the Assembly shall each appoint [three members] one voting member to serve a 4-year [terms.] term. The members appointed by the Governor , the Majority Leader of the Senate and the Speaker of the Assembly may not be Legislators, employees of the State, a municipality of the State or the Board of Regents of the University of Nevada. The remaining four voting members of the governing body [shall] must be appointed by the entity that operates the university school for profoundly gifted pupils. A person may serve on a governing body pursuant to this subsection only if he submits an affidavit to the Department indicating that the person has not been convicted of a felony or any crime involving moral turpitude.

      2.  The governing body of a university school for profoundly gifted pupils is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be required to attain the ends for which the school is established and to promote the welfare of pupils who are enrolled in the school.

      3.  The governing body of a university school for profoundly gifted pupils shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the school is located.

      Sec. 22.  NRS 392A.100 is hereby amended to read as follows:

      392A.100  1.  A university school for profoundly gifted pupils shall determine the eligibility of a pupil for admission to the school based upon a comprehensive assessment of the pupil’s potential for academic and intellectual achievement at the school, including, without limitation, intellectual and academic ability, motivation, emotional maturity and readiness for the environment of an accelerated educational program. The assessment must be conducted by a broad-based committee of professionals in the field of education.

      2.  A person who wishes to apply for admission to a university school for profoundly gifted pupils must:

      (a) Submit to the governing body of the school:

             (1) A completed application;

             (2) Evidence that he possesses advanced intellectual and academic ability, including, without limitation, proof that he [scored in the 99.9th percentile or above on achievement and aptitude tests such as the Scholastic Aptitude Test and the American College Test;] satisfies the requirements of NRS 392A.030;

             (3) At least three letters of recommendation from teachers or mentors familiar with the academic and intellectual ability of the applicant; [and]

             (4) A transcript from each school previously attended by the applicant [.] ; and

             (5) Such other information as may be requested by the university school or governing body of the school.

      (b) If requested by the governing body of the school, participate in an on-campus interview.

      3.  The curriculum developed for pupils in a university school for profoundly gifted pupils must provide exposure to the subject areas required of pupils enrolled in other public schools.

      4.  The Superintendent of Public Instruction shall, upon recommendation of the governing body, issue a high school diploma to a pupil who is enrolled in a university school for profoundly gifted pupils if that pupil successfully passes the high school proficiency examination and the courses in American government and American history as required by NRS 389.020 and 389.030, and successfully completes any requirements established by the State Board of Education for graduation from high school.

 


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ê2007 Statutes of Nevada, Page 1212 (Chapter 304, AB 567)ê

 

that pupil successfully passes the high school proficiency examination and the courses in American government and American history as required by NRS 389.020 and 389.030, and successfully completes any requirements established by the State Board of Education for graduation from high school.

      5.  On or before March 1 of each odd-numbered year, the governing body of a university school for profoundly gifted pupils shall prepare and submit to the Superintendent of Public Instruction, the president of the university where the university school for profoundly gifted pupils is located, the State Board and the Director of the Legislative Counsel Bureau a report that contains information regarding the school, including, without limitation, the process used by the school to identify and recruit profoundly gifted pupils from diverse backgrounds and with diverse talents, and data assessing the success of the school in meeting the educational needs of its pupils.

      Sec. 23.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 305, AB 576

Assembly Bill No. 576–Committee on Health and Human Services

 

CHAPTER 305

 

AN ACT relating to public welfare; providing for the certification of intermediary service organizations which provide certain services relating to personal assistance received by persons with disabilities; clarifying the definition of “agency to provide personal care services in the home” for purposes of licensing; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Sections 2-25 of this bill provide for the certification of an intermediary service organization by the Office of Disability Services. Section 3 provides that an intermediary service organization is authorized to provide certain services for a person with a disability or for another person responsible for the care of a person with a disability relating to the provision of personal assistance to the person with a disability. Such services may relate to employment matters concerning a personal assistant and other financial management relating to the personal assistance for the disabled person. Section 4 makes it a misdemeanor to operate an intermediary service organization without a certificate issued by the Office of Disability Services.

      Section 9 of this bill authorizes the Department of Health and Human Services to prescribe a fee for an application for the issuance of a certificate to operate as an intermediary service organization. Sections 18 and 19 of this bill require the Department to adopt regulations governing the certification of intermediary service organizations and to establish the criteria for the imposition of sanctions for certain violations relating to the certification of the intermediary service organization.

      Section 31 of this bill clarifies the term “agency to provide personal care services in the home” so that certain organized groups of persons that employ or contract with persons to provide certain nonmedical services for a person with a disability are not required to obtain a license from the Health Division of the Department of Health and Human Services. Section 31 also excludes an intermediary service organization so that such organizations are not required to obtain a license from the Health Division. (NRS 449.0021)

 


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ê2007 Statutes of Nevada, Page 1213 (Chapter 305, AB 576)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.

      Sec. 2.  “Intermediary service organization” means a nongovernmental entity that provides services authorized pursuant to section 3 of this act for a person who has a disability or other responsible person.

      Sec. 3.  1.  An intermediary service organization that is certified pursuant to sections 2 to 25, inclusive, of this act may provide services for a person with a disability or other responsible person relating to personal assistance received by the person with a disability. The services that may be provided by an intermediary service organization include, without limitation:

      (a) Obtaining a criminal background check of a personal assistant selected by the person with a disability or other responsible person to provide nonmedical services and any medical services authorized pursuant to NRS 629.091;

      (b) Providing payroll services to pay the personal assistant and determine any tax liability;

      (c) Providing services relating to financial management; and

      (d) Providing any other services relating to the employment of a personal assistant and any other financial assistance relating to the personal assistance for the person with a disability.

      2.  As used in this section:

      (a) “Other responsible person” means:

             (1) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or

             (2) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment.

      (b) “Personal assistance” means the provision of any goods or services to help a person with a disability maintain his independence, personal hygiene and safety, including, without limitation, the provision of services by a personal assistant.

      (c) “Personal assistant” means a person who, for compensation and under the direction of a person with a disability or other responsible person, performs services for a person with a disability to help him maintain his independence, personal hygiene and safety.

      Sec. 4.  1.  A person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate therefor as provided in sections 2 to 25, inclusive, of this act.

      2.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 5.  Any person wishing to obtain a certificate pursuant to the provisions of sections 2 to 25, inclusive, of this act must file with the Office an application on a form prescribed, prepared and furnished by the Office, containing:

      1.  The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

      2.  The location of the intermediary service organization.

 


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ê2007 Statutes of Nevada, Page 1214 (Chapter 305, AB 576)ê

 

      3.  The name of the person in charge of the intermediary service organization.

      4.  Such other information as may be required by the Office for the proper administration and enforcement of sections 2 to 25, inclusive, of this act.

      5.  Evidence satisfactory to the Office that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which application is made.

      6.  Evidence satisfactory to the Office of the ability of the applicant to comply with the provisions of sections 2 to 25, inclusive, of this act and the standards and regulations adopted by the Department.

      Sec. 6.  1.  An applicant for the issuance or renewal of a certificate as an intermediary service organization must submit to the Office the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Office.

      3.  A certificate as an intermediary service organization may not be issued or renewed by the Office if the applicant:

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

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

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

      Sec. 7.  An application for the issuance of a certificate to operate an intermediary service organization pursuant to section 5 of this act must include the social security number of the applicant.

      Sec. 8.  1.  If the Office receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate to operate an intermediary service organization, the Office shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Office receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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ê2007 Statutes of Nevada, Page 1215 (Chapter 305, AB 576)ê

 

agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Office shall reinstate a certificate to operate an intermediary service organization that has been suspended by a district court pursuant to NRS 425.540 if the Office receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 9.  Each application for a certificate must be accompanied by such fee as may be determined by regulation of the Department. The Department may, by regulation, allow or require payment of a fee for a certificate in installments and may fix the amount of each payment and the date on which the payment is due.

      Sec. 10.  1.  Each certificate issued pursuant to sections 2 to 25, inclusive, of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to section 9 of this act unless the Office finds, after an investigation, that the intermediary service organization has not satisfactorily complied with the provisions of sections 2 to 25, inclusive, of this act or the standards and regulations adopted by the Department.

      2.  Each reapplication for an intermediary service organization must include, without limitation, a statement that the organization is in compliance with the provisions of sections 20 to 23, inclusive, of this act.

      Sec. 11.  1.  The Office shall issue the certificate to the applicant if, after investigation, the Office finds that the:

      (a) Applicant is in full compliance with the provisions of sections 2 to 25, inclusive, of this act; and

      (b) Applicant is in substantial compliance with the standards and regulations adopted by the Department.

      2.  A certificate applies only to the person to whom it is issued and is not transferable.

      Sec. 12.  Each certificate issued by the Office must be in the form prescribed by the Office and must contain:

      1.  The name of the person or persons authorized to operate the intermediary service organization;

      2.  The location of the intermediary service organization; and

      3.  The services offered by the intermediary service organization.

      Sec. 13.  1.  The Office may cancel the certificate of an intermediary service organization and issue a provisional certificate, effective for a period determined by the Office, to the intermediary service organization if the intermediary service organization:

      (a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of sections 2 to 25, inclusive, of this act and the Office determines that the intermediary service organization requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

      (b) Has failed to comply with the standards or regulations and the Office determines that the intermediary service organization is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.

 


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ê2007 Statutes of Nevada, Page 1216 (Chapter 305, AB 576)ê

 

      2.  The provisions of subsection 1 do not require the issuance of a certificate or prevent the Office from refusing to renew or from revoking or suspending any certificate if the Office deems such action necessary for the health and safety of a person for whom the intermediary service organization provides services.

      Sec. 14.  1.  Money received from the certification of intermediary service organizations:

      (a) Must be forwarded to the State Treasurer for deposit in the State Treasury;

      (b) Must be accounted for separately in the State General Fund; and

      (c) May only be used to carry out the provisions of sections 2 to 25, inclusive, of this act.

      2.  The Office shall enforce the provisions of sections 2 to 25, inclusive, of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 15.  The Office may:

      1.  Upon receipt of an application for a certificate, conduct an investigation into the qualifications of personnel, methods of operation and policies and purposes of any person proposing to engage in the operation of an intermediary service organization.

      2.  Upon receipt of a complaint against an intermediary service organization, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation and policies, procedures and records of that intermediary service organization or any other intermediary service organization which may have information pertinent to the complaint.

      3.  Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 2 to 25, inclusive, of this act.

      Sec. 16.  The Office may deny an application for a certificate or may suspend or revoke any certificate issued under the provisions of sections 2 to 25, inclusive, of this act upon any of the following grounds:

      1.  Violation by the applicant or the holder of a certificate of any of the provisions of sections 2 to 25, inclusive, of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

      3.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.

      4.  Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.

      Sec. 17.  1.  If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of sections 2 to 25, inclusive, of this act or any condition, standard or regulation adopted by the Department, the Office, in accordance with the regulations adopted pursuant to section 18 of this act, may, as it deems appropriate:

      (a) Prohibit the intermediary service organization from providing services pursuant to section 3 of this act until it determines that the intermediary service organization has corrected the violation;

 


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ê2007 Statutes of Nevada, Page 1217 (Chapter 305, AB 576)ê

 

      (b) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:

             (1) It determines that the intermediary service organization has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If the intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Office may:

      (a) Suspend the certificate of the intermediary service organization until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      3.  The Office may require any intermediary service organization that violates any provision of sections 2 to 25, inclusive, of this act or any condition, standard or regulation adopted by the Department, to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.

      Sec. 18.  The Department shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by section 17 of this act. These regulations must:

      1.  Prescribe the circumstances and manner in which each sanction applies;

      2.  Minimize the time between identification of a violation and the imposition of a sanction;

      3.  Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and

      4.  Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations.

      Sec. 19.  1.  When the Office intends to deny, suspend or revoke a certificate or impose any sanction prescribed by section 17 of this act, it shall give reasonable notice to the holder of the certificate by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Office finds that the public health requires immediate action. In that case, it may order a summary suspension of a certificate or impose any sanction prescribed by section 17 of this act, pending proceedings for revocation or other action.

      2.  If a person wants to contest the action of the Office, he must file an appeal pursuant to regulations adopted by the Department.

      3.  Upon receiving notice of an appeal, the Office shall hold a hearing pursuant to regulations adopted by the Department.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

 


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ê2007 Statutes of Nevada, Page 1218 (Chapter 305, AB 576)ê

 

      Sec. 20.  1.  Except as otherwise provided in subsection 2, within 10 days after hiring an employee or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

      (a) Obtain a written statement from the employee or independent contractor stating whether he has been convicted of any crime listed in subsection 1 of section 23 of this act;

      (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (d) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (c).

      2.  The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his criminal history has been conducted by the Central Repository for Nevada Records of Criminal History within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in subsection 1 of section 23 of this act.

      3.  The holder of a certificate to operate an intermediary service organization shall ensure that the criminal history of each employee or independent contractor who works at or for the intermediary service organization is investigated at least once every 5 years. The certificate holder shall:

      (a) If the intermediary service organization does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

      (b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History.

      4.  Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee or independent contractor has been convicted of a crime listed in subsection 1 of section 23 of this act and immediately inform the Office and the holder of a certificate to operate the intermediary service organization for which the person works whether the employee or independent contractor has been convicted of such a crime.

      5.  The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

 


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ê2007 Statutes of Nevada, Page 1219 (Chapter 305, AB 576)ê

 

fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

      Sec. 21.  Each intermediary service organization shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to section 20 of this act and shall maintain a copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History and proof that it submitted two sets of fingerprints to the Central Repository for its report. These records must be made available for inspection by the Office at any reasonable time, and copies thereof must be furnished to the Office upon request.

      Sec. 22.  1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to section 20 of this act, or evidence from any other source, that an employee or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of section 23 of this act, the holder of a certificate to operate the intermediary service organization shall terminate the employment or contract of that person after allowing him time to correct the information pursuant to subsection 2.

      2.  If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, he may immediately inform the intermediary service organization. An intermediary service organization that is so informed shall give the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

      3.  An intermediary service organization that has complied with section 20 of this act may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee or independent contractor to work:

      (a) Before it received the information concerning the employee or independent contractor from the Central Repository;

      (b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;

      (c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

      (d) Any combination thereof.

Ê An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.

      Sec. 23.  In addition to the grounds listed in section 16 of this act, the Office may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke the certificate of a holder of a certificate to operate an intermediary service organization if:

      1.  The applicant or holder of a certificate has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Assault with intent to kill or to commit sexual assault or mayhem;

      (c) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (d) Abuse or neglect of a child or contributory delinquency;

 


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ê2007 Statutes of Nevada, Page 1220 (Chapter 305, AB 576)ê

 

      (e) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

      (f) A violation of any provision of NRS 200.50955 or 200.5099;

      (g) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

      (h) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

      2.  The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.

      Sec. 24.  1.  The Office may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of sections 2 to 25, inclusive, of this act:

      (a) Without first obtaining a certificate therefor; or

      (b) After his certificate has been revoked or suspended by the Office.

      2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.

      Sec. 25.  The district attorney of the county in which an intermediary service organization operates shall, upon application by the Office, institute and conduct the prosecution of any action for violation of any provisions of sections 2 to 25, inclusive, of this act.

      Sec. 26.  NRS 426.205 is hereby amended to read as follows:

      426.205  As used in NRS 426.205 to 426.295, inclusive, and sections 2 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 426.215 and 426.225 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 27.  NRS 426.245 is hereby amended to read as follows:

      426.245  1.  The Department may adopt any regulations to carry out the provisions of NRS 426.205 to 426.295, inclusive [.] , and sections 2 to 25, inclusive, of this act.

      2.  The Department shall adopt regulations governing the certification of intermediary service organizations and such other regulations as it deems necessary to carry out the provisions of sections 3 to 25, inclusive, of this act.

      Sec. 28.  NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, an agency to provide personal care services in the home , an intermediary service organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, agency or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility or agency is liable for damages to the patient.

 


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ê2007 Statutes of Nevada, Page 1221 (Chapter 305, AB 576)ê

 

agency is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility or agency is liable for damages to the patient, he shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      (e) “Intermediary Service Organization” has the meaning ascribed to it in section 2 of this act;

      (f) “Older patient” has the meaning ascribed to it in NRS 449.063; and

      [(f)] (g) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 29.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Department:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Department. The Department shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Department shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

 


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ê2007 Statutes of Nevada, Page 1222 (Chapter 305, AB 576)ê

 

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Department may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required to be obtained pursuant to NRS 449.179 [;] and section 20 of this act; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

 


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ê2007 Statutes of Nevada, Page 1223 (Chapter 305, AB 576)ê

 

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179 [.] or section 20 of this act.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department.

 


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ê2007 Statutes of Nevada, Page 1224 (Chapter 305, AB 576)ê

 

Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

            (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 30.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Health and Human Services.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

 


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ê2007 Statutes of Nevada, Page 1225 (Chapter 305, AB 576)ê

 

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in section 2 of this act.

      (g) Any employee of the Department of Health and Human Services.

      [(g)] (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      [(h)] (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      [(i)] (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      [(j)] (k) Every social worker.

      [(k)] (l) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the Aging Services Division of the Department of Health and Human Services his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Health and Human Services, must be forwarded to the Aging Services Division within 90 days after the completion of the report.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 31.  NRS 449.0021 is hereby amended to read as follows:

      449.0021  1.  “Agency to provide personal care services in the home” means any person, other than a natural person, which provides in the home, through its employees or by contractual arrangement with other persons, nonmedical services related to personal care to elderly persons or persons with [mental or physical] disabilities to assist those persons with activities of daily living, including, without limitation:

 


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ê2007 Statutes of Nevada, Page 1226 (Chapter 305, AB 576)ê

 

through its employees or by contractual arrangement with other persons, nonmedical services related to personal care to elderly persons or persons with [mental or physical] disabilities to assist those persons with activities of daily living, including, without limitation:

      (a) The elimination of wastes from the body;

      (b) Dressing and undressing;

      (c) Bathing;

      (d) Grooming;

      (e) The preparation and eating of meals;

      (f) Laundry;

      (g) Shopping;

      (h) Cleaning;

      (i) Transportation; and

      (j) Any other minor needs related to the maintenance of personal hygiene.

      2.  The term does not include:

      (a) An independent contractor who provides nonmedical services specified by subsection 1 without the assistance of employees; [or

      (b) A microboard, as defined by regulations adopted by the Board.]

      (b) An organized group of persons comprised of the family or friends of a person needing personal care services that employs or contracts with persons to provide services specified by subsection 1 for the person if:

             (1) The organization of the group of persons is set forth in a written document that is made available for review by the Health Division upon request; and

             (2) The personal care services are provided to only one person or one family who resides in the same residence; or

      (c) An intermediary service organization.

      3.  As used in this section, “intermediary service organization” has the meaning ascribed to it in section 2 of this act.

      Sec. 32.  NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in section 2 of this act.

 


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ê2007 Statutes of Nevada, Page 1227 (Chapter 305, AB 576)ê

 

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      [(f)] (g) Any employee of the Department of Health and Human Services.

      [(g)] (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      [(h)] (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      [(i)] (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      [(j)] (k) Any social worker.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      Sec. 33.  1.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2007, for all other purposes.

      2.  The provisions of sections 6, 7 and 8 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 


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ê2007 Statutes of Nevada, Page 1228ê

 

CHAPTER 306, AB 596

Assembly Bill No. 596–Committee on Ways and Means

 

CHAPTER 306

 

AN ACT relating to child support; revising certain provisions concerning the right of a physical custodian of a child to recover support for a child from the noncustodial parent in certain circumstances; requiring every court order for the support of a child to include a provision to provide for the medical support of the child; requiring the Chief of the Program established to locate absent parents, establish paternity and obtain child support to retain a fee in certain cases; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, when the parents of a child are separated, the physical custodian of the child may recover from the parent without physical custody of the child a reasonable portion of certain costs provided by the physical custodian. In the absence of a court order for support of the child, the parent who has physical custody of the child may not recover more than 4 years of support furnished before the bringing of the action. (NRS 125B.030) Section 1 of this bill revises this provision to authorize the physical custodian to recover such support in any situation in which the parents of the child do not reside together.

      Section 2 of this bill revises provisions of existing law concerning orders for the support of a child to require that every court order for the support of a child issued or modified in this State on or after the effective date of this act must include a provision specifying that one or both of the parents are required to provide for the medical support of the child. (NRS 125B.085)

      Existing federal law requires the State to charge certain fees relating to the collection of child support through the Program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq. To comply with the federal law, section 3 of this bill requires the Chief of the Program to retain a fee of up to $25 each year in each case in which the State has collected more than $500 and in which the child for whom the collection is made and the person who has physical custody of the child have never received Temporary Assistance for Needy Families pursuant to Title IV of the Social Security Act. The fees collected by the Chief must be deposited in the State Child Support Disbursement Fund for use in carrying out the Program. (NRS 425.363)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125B.030 is hereby amended to read as follows:

      125B.030  Where the parents of a child [are separated,] do not reside together, the physical custodian of the child may recover from the parent without physical custody a reasonable portion of the cost of care, support, education and maintenance provided by the physical custodian. In the absence of a court order [,] for the support of a child, the parent who has physical custody may recover not more than 4 years’ support furnished before the bringing of the action [.] to establish an obligation for the support of the child.

 


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ê2007 Statutes of Nevada, Page 1229 (Chapter 306, AB 596)ê

 

      Sec. 2.  NRS 125B.085 is hereby amended to read as follows:

      125B.085  1.  Except as otherwise provided in NRS 125B.012, every court order for the support of a child issued or modified in this State on or after [October 1, 1997,] the effective date of this act, must include a provision specifying [whether the parent required to pay support is] that one or both parents are required to provide [coverage] medical support for [the health care of] the child and [, if so,] any details relating to that requirement.

      2.  As used in this section, “medical support” includes, without limitation, coverage for health care under a plan of insurance, including, without limitation, the payment of any premium, copayment or deductible and the payment of medical expenses.

      Sec. 3.  Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Chief shall retain an annual fee of up to $25 in each case for which the Chief provides services from any amount collected in the case during the year in excess of $500, but only if the child for whom the collection is made and the person who has physical custody of the child in the case are not and have never been a recipient of Temporary Assistance for Needy Families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq.

      2.  Any fee collected pursuant to subsection 1 must be used to carry out the Program.

      Sec. 4.  NRS 425.382 is hereby amended to read as follows:

      425.382  1.  Except as otherwise provided in NRS 425.346, the Chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive, and section 3 of this act, after:

      (a) Payment of public assistance by the Division; or

      (b) Receipt of a request for services to carry out the Program.

      2.  Subject to approval by the district court, a master may:

      (a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in subsection 2 of NRS 130.305.

      (b) Except as otherwise provided in chapter 130 of NRS and NRS 425.346:

             (1) Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;

             (2) Require coverage for health care of a dependent child;

             (3) Establish paternity;

             (4) Order a responsible parent to comply with an order for the support of a dependent child, specifying the amount and the manner of compliance;

             (5) Order the withholding of income;

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

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

             (8) Set aside property for satisfaction of an order for the support of a dependent child;

             (9) Place liens and order execution on the property of the responsible parent;

             (10) Order a responsible parent to keep the master informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

 


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ê2007 Statutes of Nevada, Page 1230 (Chapter 306, AB 596)ê

 

             (11) Issue a bench warrant for a responsible parent who has failed after proper notice to appear at a hearing ordered by the master and enter the bench warrant in any local and state computer system for criminal warrants;

             (12) Order the responsible parent to seek appropriate employment by specified methods;

             (13) Upon the request of the Division, require a responsible parent to:

                   (I) Pay any support owed in accordance with a plan approved by the Division; or

                   (II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the Division deems appropriate;

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

             (15) Grant any other available remedy.

      Sec. 5.  1.  This act becomes effective upon passage and approval.

      2.  Section 3 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 654 requiring each state to impose an annual fee of $25 in the case of a person who has never received assistance pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and for whom the State has collected $500 or more of support are repealed by the Congress of the United States.

________

 

CHAPTER 307, AB 580

Assembly Bill No. 580–Committee on Transportation

 

CHAPTER 307

 

AN ACT relating to motor vehicles; abolishing the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages in the State General Fund; requiring that certain fees and administrative fines collected for licenses and titles relating to salvage pools, automobile wreckers, body shops and garages be deposited with the State Treasurer for credit to the Motor Vehicle Fund; creating the Revolving Account for the Issuance of Salvage Titles in the Motor Vehicle Fund; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires that certain fees and administrative fines collected pursuant to chapter 487 of NRS be deposited with the State Treasurer for credit to the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages in the State General Fund. (NRS 487.070, 487.080, 487.450, 487.475, 487.560, 487.630, 487.810, 487.990) Section 1 of this bill creates the Revolving Account for the Issuance of Salvage Titles as a special account in the Motor Vehicle Fund. Section 1 requires that the money in the Account be used by the Department of Motor Vehicles only to pay the expenses relating to the issuance of salvage titles. Section 5 of this bill abolishes the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages. Sections 2-9 and 12 of this bill require that those fees and administrative fines collected be deposited with the State Treasurer for credit to the Motor Vehicle Fund. Section 11 of this bill requires that the fees collected for the issuance of salvage titles for motor vehicles be deposited with the State Treasurer for credit to the Revolving Account.

 


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ê2007 Statutes of Nevada, Page 1231 (Chapter 307, AB 580)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Revolving Account for the Issuance of Salvage Titles is hereby created as a special account in the Motor Vehicle Fund.

      2.  The Department shall use the money in the Account only to pay the expenses relating to the issuance of salvage titles.

      3.  At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.

      Sec. 2.  NRS 487.070 is hereby amended to read as follows:

      487.070  1.  The Department may approve or reject the application. If the Department receives the statement required pursuant to NRS 487.003 and approves the application, it shall issue to the applicant:

      (a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      (b) A card which:

             (1) Contains the information specified in paragraph (a);

             (2) Includes a picture of the licensee; and

             (3) Clearly identifies the holder of the card as a licensed automobile wrecker.

      2.  A licensee may obtain one or two cards for his business. The Department shall charge a fee of $50 for each card issued. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

      3.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      4.  A license expires on April 30 of each year.

      5.  A licensee may renew his license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003; and

      (c) The fee for renewal of a license provided in NRS 487.080.

      Sec. 3.  NRS 487.070 is hereby amended to read as follows:

      487.070  1.  The Department may approve or reject the application and, if approved, shall issue to the applicant:

      (a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      (b) A card which:

             (1) Contains the information specified in paragraph (a);

             (2) Includes a picture of the licensee; and

             (3) Clearly identifies the holder of the card as a licensed automobile wrecker.

      2.  A licensee may obtain one or two cards for his business. The Department shall charge a fee of $50 for each card issued. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.]

 


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ê2007 Statutes of Nevada, Page 1232 (Chapter 307, AB 580)ê

 

Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

      3.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      4.  A license expires on April 30 of each year.

      5.  A licensee may renew his license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department; and

      (b) The fee for renewal of a license provided in NRS 487.080.

      Sec. 4.  NRS 487.080 is hereby amended to read as follows:

      487.080  1.  The fee for issuance or renewal of an automobile wrecker’s license is $300.

      2.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

      Sec. 5.  NRS 487.450 is hereby amended to read as follows:

      487.450  1.  The Department shall charge and collect a fee of $300 for the issuance or renewal of a license to operate a salvage pool.

      2.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages which is hereby created in the State General Fund. Money in the Account may be used only for the administration of NRS 487.002, 487.050 to 487.200, inclusive, and 487.400 to 487.690, inclusive.] for credit to the Motor Vehicle Fund.

      Sec. 6.  NRS 487.475 is hereby amended to read as follows:

      487.475  1.  A card authorizing a dealer of new or used motor vehicles or a rebuilder to bid to purchase a vehicle from an operator of a salvage pool must contain:

      (a) The dealer’s or rebuilder’s name and signature;

      (b) His business name;

      (c) His business address;

      (d) His business license number issued by the Department; and

      (e) A picture of the dealer or rebuilder.

      2.  A dealer or rebuilder may obtain one or two cards for his business. If a dealer obtains two cards for his business, one of the cards may be issued to a salesman who is an employee of the dealer and who is:

      (a) Licensed pursuant to NRS 482.362; and

      (b) Acting as an agent for the dealer in the purchase of a vehicle from an operator of a salvage pool.

      3.  The Department shall charge a fee of $50 for each card issued.

      4.  A card issued pursuant to this section expires on December 31 of the year in which it was issued. The dealer or rebuilder must submit to the Department an application for renewal accompanied by a renewal fee of $25 for each card. The application must be made on a form provided by the Department and contain such information as the Department requires.

      5.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

 


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ê2007 Statutes of Nevada, Page 1233 (Chapter 307, AB 580)ê

 

      Sec. 7.  NRS 487.560 is hereby amended to read as follows:

      487.560  1.  On and after January 1, 1998, a garageman shall register with the Department for authorization to operate a garage.

      2.  An application for registration must be on a form provided by the Department. The application must include:

      (a) The name of the applicant, including each name under which he intends to do business;

      (b) The complete street address of each location from which the applicant will be conducting business, including a designation of the location that will be his principal place of business;

      (c) A copy of the business license for each garage operated by the applicant if the county or city in which the applicant operates a garage requires such a license;

      (d) The type of repair work offered at each garage operated by the applicant;

      (e) The number of mechanics employed at each garage operated by the applicant;

      (f) The statement required by NRS 487.563; and

      (g) Any other information required by the Department.

      3.  Except as otherwise provided in this subsection, for each garage operated by an applicant, the Department shall charge a fee of $25 for the issuance or renewal of registration. If an applicant operates more than one garage, he may file one application if he clearly indicates on the application the location of each garage operated by the applicant and each person responsible for the management of each garage. The Department shall waive the fee for the issuance or renewal of registration for a person that is licensed as:

      (a) An authorized inspection station, authorized maintenance station or authorized station pursuant to chapter 445B of NRS;

      (b) A manufacturer, distributor, dealer or rebuilder pursuant to chapter 482 of NRS; or

      (c) An automobile wrecker, salvage pool or body shop pursuant to chapter 487 of NRS.

      4.  All fees collected by the Department pursuant to this section must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

      5.  An applicant for registration or renewal of registration shall notify the Department of any material change in the information contained in his application for registration or renewal within 10 days after his knowledge of the change.

      Sec. 8.  NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The application must include the social security number of the applicant and be accompanied by such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.]

 


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ê2007 Statutes of Nevada, Page 1234 (Chapter 307, AB 580)ê

 

Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

      3.  Upon receipt of the application and the statement required pursuant to NRS 487.003 and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003; and

      (c) The fee for renewal of a license provided in subsection 2.

      Sec. 9.  NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The application must be accompanied by such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer [to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

      3.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department; and

      (b) The fee for renewal of a license provided in subsection 2.

      Sec. 10.  NRS 487.710 is hereby amended to read as follows:

      487.710  As used in NRS 487.710 to 487.890, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, have the meanings ascribed to them in those sections.

      Sec. 11.  NRS 487.810 is hereby amended to read as follows:

      487.810  1.  The state agency may issue a salvage title for a vehicle, which contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle, upon application, to:

 


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ê2007 Statutes of Nevada, Page 1235 (Chapter 307, AB 580)ê

 

      (a) The owner of the vehicle;

      (b) The person to whom the vehicle is titled;

      (c) An insurance company that acquires the vehicle as a salvage vehicle pursuant to subsection 1 of NRS 487.800; or

      (d) A lienholder who acquires title to the vehicle.

      2.  A properly endorsed title, together with a disclosure of mileage, as required pursuant to the provisions of 49 U.S.C. §§ 32701 et seq. and 49 C.F.R. § 580.5, must be submitted with the application for salvage title.

      3.  Within 2 days after receiving all necessary documents, the state agency shall issue a salvage title for the vehicle.

      4.  Except as otherwise provided in this subsection, the state agency shall charge and collect a fee of $10 for the issuance of a salvage title pursuant to this section. The state agency shall not charge a fee for the issuance of a salvage title to an automobile wrecker licensed in this State. Fees collected by the state agency pursuant to this subsection must be deposited with the State Treasurer for credit to the [Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages created by NRS 487.450.] Revolving Account for the Issuance of Salvage Titles created by section 1 of this act.

      5.  Ownership interest in a salvage vehicle may not be transferred unless a salvage title has been issued by the state agency for the vehicle.

      6.  Possession of a salvage title does not entitle a person to dismantle, scrap, process or wreck any vehicle in this State unless the person holds a license issued pursuant to NRS 487.050.

      7.  The Department shall not issue a salvage title for a nonrepairable vehicle.

      Sec. 12.  NRS 487.990 is hereby amended to read as follows:

      487.990  1.  The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  Except as otherwise provided in subsection 3, all administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the State General Fund.

      3.  The Department may delegate to a hearing officer or panel its authority to impose and collect administrative fines pursuant to subsection 1 and deposit the money collected with the State Treasurer for credit to the [Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.] Motor Vehicle Fund.

      4.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 13.  The State Controller shall, as soon as practicable on or after July 1, 2007, transfer to the Motor Vehicle Fund created by NRS 482.180 all money in the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages created by NRS 487.450.

      Sec. 14.  1.  This section and sections 1, 2, 4 to 8, inclusive, and 10 to 13, inclusive, of this act become effective on July 1, 2007.

 


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ê2007 Statutes of Nevada, Page 1236 (Chapter 307, AB 580)ê

 

      2.  Sections 2 and 8 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      3.  Sections 3 and 9 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 308, AB 612

Assembly Bill No. 612–Committee on Ways and Means

 

CHAPTER 308

 

AN ACT relating to public employees; revising the provisions governing the selection of plans for the use of the participants in the Public Employees’ Deferred Compensation Program; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Public Employees’ Deferred Compensation Program for employees of the State or the Nevada System of Higher Education is administered by a Committee appointed by the Governor. (NRS 287.325) The Committee and its individual members are immune from civil liability if the Committee solicits proposals from qualified providers of plans at least once every 5 years and selects at least two plans from separate and distinct providers from which the participants in the Program may choose. (NRS 287.330) This bill authorizes the Committee to select only one plan for the use of the participants in the Program and still maintain its immunity from civil liability.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.330 is hereby amended to read as follows:

      287.330  1.  The Committee shall:

      (a) At its first meeting each year, designate one of its members to serve as Chairman of the Committee for a term of 1 year or until his successor has been designated.

      (b) Act in such a manner as to promote the collective best interests of the participants in the Program.

 


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ê2007 Statutes of Nevada, Page 1237 (Chapter 308, AB 612)ê

 

      2.  The Committee may:

      (a) Create an appropriate account for administration of money and other assets resulting from compensation deferred pursuant to the Program.

      (b) With the approval of the Governor, delegate to one or more state agencies or institutions of the Nevada System of Higher Education the responsibility for administering the Program for their respective employees, including:

             (1) Collection of deferred compensation;

             (2) Transmittal of money collected to depositories within the State designated by the Committee; and

             (3) Payment of deferred compensation to participating employees.

      (c) Contract with a private person, corporation, institution or other entity, directly or through a state agency or institution of the Nevada System of Higher Education, for services necessary to the administration of the plan, including, without limitation:

             (1) Consolidated billing;

             (2) The keeping of records for each participating employee and the Program;

             (3) The purchase, control and safeguarding of assets;

             (4) Programs for communication with employees; and

             (5) The administration and coordination of the Program.

      3.  The Committee and its individual members are not liable for any decision relating to investments if the Committee has:

      (a) Obtained the advice of qualified counsel on investments.

      (b) Established proper objectives and policies relating to investments.

      (c) Discharged its duties regarding the decision:

             (1) Solely in the interest of the participants in the Program; and

             (2) With the care, skill, prudence and diligence that, under the circumstances existing at the time of the decision, a prudent person who is familiar with similar investments would use while acting in a similar capacity in conducting an enterprise of similar character and purpose.

      (d) Selected at least one plan for the use of the participants in the Program, except that if the Committee has selected two or more plans from which the participants in the Program may choose, the Committee has selected the plans from separate and distinct providers . [from which the participants in the Program may choose.]

      (e) Solicited proposals from qualified providers of plans at least once every 5 years.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 1238ê

 

CHAPTER 309, AB 249

Assembly Bill No. 249–Committee on Commerce and Labor

 

CHAPTER 309

 

AN ACT relating to dispensing opticians; requiring the Board of Dispensing Opticians to adopt minimum standards for eyewear and certain devices dispensed by a dispensing optician; authorizing any member of the Board to issue subpoenas to compel the production of books, papers and documents; revising provisions governing the reinstatement of an expired license or limited license; authorizing the Board to impose an administrative fine against a person who engages in ophthalmic dispensing without a license; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Dispensing Opticians to regulate the practice of ophthalmic dispensing. (Chapter 637 of NRS) Section 1.3 of this bill requires the Board to adopt minimum standards for eyewear and certain optical and ophthalmic devices dispensed by a dispensing optician. The standards must be consistent with the minimum standards of quality approved by the American National Standards Institute. Section 6 of this bill provides that a dispensing optician may be disciplined by the Board for dispensing, without proper verification, such eyewear or devices that do not meet the minimum standards adopted by the Board. Section 1.7 of this bill provides that the expiration date of a prescription which is received by a dispensing optician is 2 years after the date the prescription was issued unless the practitioner who wrote the prescription indicates a different period.

      Existing law authorizes any member of the Board to issue subpoenas to compel the attendance of a witness to testify before the Board. (NRS 637.040) Section 2 of this bill authorizes any member of the Board to issue subpoenas to compel the production of books, papers and documents.

      Existing law authorizes the Board to renew an expired license or limited license to practice ophthalmic dispensing. (NRS 637.121, 637.140) Sections 3 and 5 of this bill provide that the Board may only renew an expired license or limited license if the license or limited license has been expired for 2 years or less.

      Existing law authorizes the Board to issue a cease and desist order to a person practicing ophthalmic dispensing without a license. If the person does not comply with the cease and desist order within 30 days, the Board shall impose an administrative fine of up to $10,000 against the person. (NRS 637.181) Section 7 of this bill authorizes the Board to impose an administrative fine against a person practicing ophthalmic dispensing without a license without regard to whether or not the person failed to comply with a cease and desist order.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3.  1.  The Board shall adopt regulations setting forth minimum standards for lenses, frames, specially fabricated optical devices and other ophthalmic devices dispensed by a person licensed as a dispensing optician.

 


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ê2007 Statutes of Nevada, Page 1239 (Chapter 309, AB 249)ê

 

      2.  The standards adopted by the Board must be consistent with the minimum standards of quality approved by the American National Standards Institute.

      Sec. 1.7.  A prescription received by a dispensing optician shall be deemed to have an expiration date of 2 years after the date the prescription was issued unless the practitioner who wrote the prescription includes on the prescription a different period.

      Sec. 2.  NRS 637.040 is hereby amended to read as follows:

      637.040  1.  The Board shall elect a President, Vice President, Secretary and Treasurer from its membership.

      2.  Any member of the Board may:

      (a) Issue subpoenas to compel the attendance of witnesses to testify before the Board [.] or the production of books, papers and documents. Subpoenas must issue under the seal of the Board and must be served in the same manner as subpoenas issued out of the district court.

      (b) Administer oaths in taking testimony in any matter pertaining to the duties of the Board.

      Sec. 3.  NRS 637.121 is hereby amended to read as follows:

      637.121  1.  Except as otherwise provided in this section, a limited license as a dispensing optician authorizes the licensee to engage in the practice of ophthalmic dispensing pursuant to this chapter.

      2.  Only a person who is deemed to hold an active, inactive or delinquent limited license as a dispensing optician on February 1, 2004, may hold a limited license as a dispensing optician. A limited license as a dispensing optician may not be issued to any other person.

      3.  A person practicing ophthalmic dispensing pursuant to a limited license:

      (a) Except as otherwise provided in this section, is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal or reactivation of a license; and

      (b) Shall not sell, furnish or fit contact lenses.

      4.  A limited license as a dispensing optician:

      (a) Expires on January 31 of each year.

      (b) May be renewed before its expiration upon:

             (1) Presentation of proof of completion of the continuing education required by this section; and

             (2) Payment of a renewal fee set by the Board of not more than $200.

      (c) Except as otherwise provided in subsection 5, is delinquent if it is not renewed before January 31 of each year. [Such] Not later than 2 years after the expiration of a limited license, a delinquent limited license may be reinstated, at the discretion of the Board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the Board of not more than $500.

      5.  Upon written request to the Board, and payment of a fee not to exceed $300, a licensee in good standing may have his name and limited license as a dispensing optician transferred to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the limited license is inactive. If an inactive licensee [desires] wishes to resume the practice of ophthalmic dispensing as limited by this section, the Board shall reactivate the limited license upon:

 


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ê2007 Statutes of Nevada, Page 1240 (Chapter 309, AB 249)ê

 

      (a) If deemed necessary by the Board, the demonstration by the licensee that the licensee is then qualified and competent to practice;

      (b) The completion of an application; and

      (c) Payment of the renewal fee set by the Board pursuant to subsection 4.

      6.  To reactivate a limited license as a dispensing optician pursuant to subsection 5, an inactive licensee is not required to pay the delinquency fee and the renewal fee for any year while the license was inactive.

      7.  Except as otherwise provided in subsection 8, each person with a limited license as a dispensing optician must complete courses of continuing education in ophthalmic dispensing each year. Such continuing education must:

      (a) Encompass such subjects as are established by regulations of the Board.

      (b) Consist of a minimum of 12 hours for a period of 12 months.

      8.  A person with a limited license as a dispensing optician who is on active military service is exempt from the requirements of subsection 7.

      9.  The Board shall adopt any other regulations it determines are necessary to carry out the provisions of this section.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 637.140 is hereby amended to read as follows:

      637.140  1.  A license as a dispensing optician issued under the provisions of this chapter expires on January 31 of each year.

      2.  A license may be renewed before its expiration upon:

      (a) Presentation of proof of completion of the continuing education required by NRS 637.135; and

      (b) Payment of a renewal fee set by the Board of not more than $500.

      3.  Except as otherwise provided in subsection 4, any license which is not renewed before January 31 of each year shall be deemed delinquent. [A] Not later than 2 years after the expiration of a license, a delinquent license may be reinstated, at the discretion of the Board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the Board of not more than $500.

      4.  Upon written request to the Board, and payment of a fee not to exceed $300, a licensee in good standing may have his name and license transferred to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the license is inactive. If an inactive licensee desires to resume the practice of ophthalmic dispensing, the Board shall reactivate the license upon the:

      (a) Demonstration , if deemed necessary by the Board , that the licensee is then qualified and competent to practice;

      (b) Completion of an application; and

      (c) Payment of the renewal fee set by the Board pursuant to subsection 2.

Ê Payment of the delinquency fee and the renewal fee for any year while the license was inactive is not required.

      Sec. 6.  NRS 637.150 is hereby amended to read as follows:

      637.150  1.  Upon proof by substantial evidence that an applicant or holder of a license:

      (a) Has been adjudicated insane;

      (b) Habitually uses any controlled substance or intoxicant;

      (c) Has been convicted of a crime involving moral turpitude;

      (d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

 


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ê2007 Statutes of Nevada, Page 1241 (Chapter 309, AB 249)ê

 

      (e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

      (f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the State through fraud of any kind;

      (g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

      (h) Has, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to section 1.3 of this act;

      (i) Has violated any regulation of the Board;

      [(i)] (j) Has violated any provision of this chapter;

      [(j)] (k) Is incompetent;

      [(k)] (l) Is guilty of unethical or unprofessional conduct as determined by the Board;

      [(l)] (m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner; or

      [(m)] (n) Is guilty of a fraudulent or deceptive practice as determined by the Board,

Ê the Board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

      2.  The Board shall not privately reprimand a holder of a license.

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

      Sec. 7.  NRS 637.181 is hereby amended to read as follows:

      637.181  Notwithstanding the provisions of chapter 622A of NRS:

      1.  The Board shall conduct an investigation if it receives a complaint that sets forth reason to believe that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter. The complaint must be:

      (a) Made in writing; and

      (b) Signed and verified by the person filing the complaint.

      2.  If the Board determines that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter, the Board [shall] :

      (a) Shall issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains the proper license from the Board.

      [3.  If a person upon whom an order to cease and desist is served does not comply with the order within 30 days after service, the Board shall,]

      (b) May, after notice and opportunity for a hearing, impose upon the person an administrative fine of not more than $10,000. The imposition of an administrative fine is a final decision for the purposes of judicial review.

      [4.] 3.  An administrative fine imposed pursuant to this section is in addition to any other penalty provided in this chapter.

 


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

ê2007 Statutes of Nevada, Page 1242 (Chapter 309, AB 249)ê

 

      Sec. 8.  NRS 637.190 is hereby amended to read as follows:

      637.190  1.  The district court in the county in which any hearing is being conducted by the Board may compel the attendance of witnesses, the giving of testimony and the production of books , [and] papers or documents as required by any subpoena issued by the Board.

      2.  If any witness refuses to attend or testify or produce any books, papers or documents required by such a subpoena, the Board may report to the district court for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books [and papers;] , papers or documents;

      (b) That the witness has been subpoenaed in the manner prescribed in NRS 637.040; and

      (c) That the witness has failed and refused to attend or produce the books, papers or documents required by subpoena before the Board in the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of [such] the hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books , [or] papers or documents before the Board.

      3.  The court, upon petition of the Board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in [such] the order, the time to be not more than 10 days [from] after the date of the order, and then and there show cause why he has not attended or testified or produced the books , [or] papers or documents before the Board. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the Board, the court may thereupon enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required books [or papers,] , papers or documents and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      Sec. 9.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 1243ê

 

CHAPTER 310, AB 321

Assembly Bill No. 321–Assemblymen Atkinson, Parks, Manendo, Beers, Bobzien, Claborn, Denis, Gerhardt, Goedhart, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, McClain, Munford, Oceguera, Pierce, Segerblom, Stewart and Womack

 

CHAPTER 310

 

AN ACT relating to motor vehicles; exempting replica vehicles from inspection requirements for the control of emissions; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that the Department of Motor Vehicles may not register more than 100 replica vehicles per year. Existing law exempts military tactical vehicles from the inspection requirements required by chapter 445B of NRS. (NRS 445B.759) Section 3 of this bill defines “replica vehicles” and expands the exemption to apply to replica vehicles as well.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department may not issue a certificate of registration for more than 100 replica vehicles each year. The fact that the vehicle is to be registered as a replica vehicle must be stated in the application for registration.

      2.  For purposes of this section, “replica vehicle” has the meaning ascribed to it in NRS 445B.759.

      Sec. 2.  NRS 445B.759 is hereby amended to read as follows:

      445B.759  1.  The provisions of NRS 445B.700 to 445B.845, inclusive, do not apply to [military] :

      (a) Military tactical vehicles [.] ; or

      (b) Replica vehicles.

      2.  As used in this section [, “military tactical vehicle”] :

      (a) “Military tactical vehicle” means a motor vehicle that is:

      [(a)] (1) Owned or controlled by the United States Department of Defense or by a branch of the Armed Forces of the United States; and

      [(b)] (2) Used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

      (b) “Replica vehicle” means any passenger car or light-duty motor vehicle which:

             (1) Has a body manufactured after 1968 which is made to resemble a vehicle of a model manufactured before 1968;

             (2) Has been altered from the original design of the manufacturer or has a body constructed from materials which are not original to the vehicle;

             (3) Is maintained solely for occasional transportation, including exhibitions, club activities, parades, tours or other similar uses; and

 


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

ê2007 Statutes of Nevada, Page 1244 (Chapter 310, AB 321)ê

 

             (4) Is not used for daily transportation.

Ê The term does not include a vehicle which has been restored to its original design by replacing parts.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 311, AB 322

Assembly Bill No. 322–Assemblywoman Gansert

 

CHAPTER 311

 

AN ACT relating to elections; revising the reporting requirements for contributions and expenditures for certain persons or groups of persons who advocate the passage or defeat of ballot questions; making various changes relating to elections and petitions for initiative or referendum; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, persons and groups of persons who either advocate the passage or defeat of ballot questions, or who initiate or circulate petitions for constitutional amendments or statewide measures and who receive money in excess of $10,000 to support such initiation or circulation, are required to report certain campaign contributions and expenditures. (NRS 294A.150, 294A.220) Sections 2 and 3 of this bill provide that the $10,000 threshold applies to both persons or groups of persons initiating or circulating petitions and to persons or groups of persons advocating the passage or defeat of ballot questions.

      Section 4 of this bill provides that if a petition for initiative or referendum is amended after it is placed on file with the Secretary of State: (1) an amended copy of the petition must be placed on file with the Secretary of State; (2) any signatures that were collected on the original petition before it was amended are not valid; and (3) the revised petition must be submitted not later than the third Tuesday in May of an even-numbered year.

      Section 5 of this bill provides that a petition may be challenged in the First Judicial District Court on the basis that the petition violates the single subject rule, not later than 30 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is placed on file with the Secretary of State. Section 5 also provides that a description of the effect of an initiative or referendum that is successfully challenged and amended in compliance with a court order may not be further challenged.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1(Deleted by amendment.)

      Sec. 2.  NRS 294A.150 is hereby amended to read as follows:

      294A.150  1.  Every [person] :

      (a) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions; and [every person]

 


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

ê2007 Statutes of Nevada, Page 1245 (Chapter 311, AB 322)ê

 

      (b) Person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation ,

Ê shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $100 received during that period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      2.  The provisions of [this] subsection 1 apply to the person or group of persons:

      (a) Each year in which [an] :

             (1) An election or city election is held for each question for which the person or group advocates passage or defeat ; [or each year in which a]

             (2) A person or group of persons receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election; or

            (3) A person or group of persons receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum; and

      (b) The year after each year described in paragraph (a).

      [2.] 3.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

 


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

ê2007 Statutes of Nevada, Page 1246 (Chapter 311, AB 322)ê

 

      (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through June 30 of that year,

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury.

      [3.] 4.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      [4.] 5.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. Every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      [5.] 6.  Except as otherwise provided in subsection [6,] 7, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than:

 


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

ê2007 Statutes of Nevada, Page 1247 (Chapter 311, AB 322)ê

 

election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than:

      (a) Seven days before the special election, for the period from the date that the question qualified for the ballot through 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      [6.] 7.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall report each of the contributions received on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      [7.] 8.  The reports required pursuant to this section must be filed with:

      (a) If the question is submitted to the voters of one county, the county clerk of that county;

      (b) If the question is submitted to the voters of one city, the city clerk of that city; or

      (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

      [8.] 9.  A person may mail or transmit his report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

      (a) On the date that it was mailed if it was sent by certified mail; or

      (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      [9.] 10.  If the person or group of persons is advocating passage or defeat of a group of questions or is receiving or expending money to support a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum, the reports must be itemized by question or petition.

 


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

ê2007 Statutes of Nevada, Page 1248 (Chapter 311, AB 322)ê

 

      [10.] 11.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 3.  NRS 294A.220 is hereby amended to read as follows:

      294A.220  1.  Every [person] :

      (a) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions; and [every person]

      (b) Person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation ,

Ê shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      2.  The provisions of [this] subsection 1 apply to the person or group of persons:

      (a) Each year in which [an] :

             (1) An election or city election is held for a question for which the person or group advocates passage or defeat ; [or each year in which a]

             (2) A person or group of persons receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election; or

             (3) A person or group of persons receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum; and

      (b) The year after each year described in paragraph (a).

      [2.] 3.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection.

 


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

ê2007 Statutes of Nevada, Page 1249 (Chapter 311, AB 322)ê

 

questions shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

      (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through the June 30 immediately preceding that July 15,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury.

      [3.] 4.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. Every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

 


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

ê2007 Statutes of Nevada, Page 1250 (Chapter 311, AB 322)ê

 

      [4.] 5.  Except as otherwise provided in subsection [5,] 6, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) Seven days before the special election, for the period from the date the question qualified for the ballot through 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      [5.] 6.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      [6.] 7.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      [7.] 8.  The reports required pursuant to this section must be filed with:

      (a) If the question is submitted to the voters of one county, the county clerk of that county;

      (b) If the question is submitted to the voters of one city, the city clerk of that city; or

      (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

      [8.] 9.  If an expenditure is made on behalf of a group of questions or a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum, the reports must be itemized by question or petition. A person may mail or transmit his report to the appropriate filing officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the filing officer:

 


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

ê2007 Statutes of Nevada, Page 1251 (Chapter 311, AB 322)ê

 

      (a) On the date that it was mailed if it was sent by certified mail; or

      (b) On the date that it was received by the filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      [9.] 10.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 4.  NRS 295.015 is hereby amended to read as follows:

      295.015  1.  Before a petition for initiative or referendum may be presented to the registered voters for their signatures, a copy of the petition for initiative or referendum, including the description required pursuant to NRS 295.009, must be placed on file with the Secretary of State.

      2.  If a petition for initiative or referendum or a description of the effect of an initiative or referendum required pursuant to NRS 295.009 is amended after the petition is placed on file with the Secretary of State pursuant to subsection 1:

      (a) The revised petition must be placed on file with the Secretary of State before it is presented to the registered voters for their signatures;

      (b) Any signatures that were collected on the original petition before it was amended are not valid; and

      (c) The requirements for submission of the petition to each county clerk set forth in NRS 295.056 apply to the revised petition.

      3.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1 [,] or 2, the Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine if the initiative or referendum may have any anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters. If the Fiscal Analysis Division determines that the initiative or referendum may have an anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters, the Division must prepare a fiscal note that includes an explanation of any such effect.

      [3.] 4.  Not later than 10 business days after the Secretary of State receives a petition for initiative or referendum filed pursuant to subsection 1 [,] or 2, the Secretary of State shall post a copy of the petition, including the description required pursuant to NRS 295.009 and any fiscal note prepared pursuant to subsection [2,] 3, on his Internet website.

      Sec. 5.  NRS 295.061 is hereby amended to read as follows:

      295.061  1.  [The] Except as otherwise provided in subsection 3, whether an initiative or referendum embraces but one subject and matters necessarily connected therewith and pertaining thereto, and the description of the effect of an initiative or referendum required pursuant to NRS 295.009 , may be challenged by filing a complaint in the First Judicial District Court not later than 30 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is [initially] placed on file with the Secretary of State pursuant to NRS 295.015. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all criminal proceedings.

      2.  The legal sufficiency of a petition for initiative or referendum may be challenged by filing a complaint in district court not later than 7 days, Saturdays, Sundays and holidays excluded, after the petition is certified as sufficient by the Secretary of State.

 


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

ê2007 Statutes of Nevada, Page 1252 (Chapter 311, AB 322)ê

 

sufficient by the Secretary of State. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      3.  If a description of the effect of an initiative or referendum required pursuant to NRS 295.009 is challenged successfully pursuant to subsection 1 and such description is amended in compliance with the order of the court, the amended description may not be challenged.

________

 

CHAPTER 312, AB 331

Assembly Bill No. 331–Assemblymen Hogan, Anderson, Claborn, Denis, Kihuen, Munford, Parks, Pierce, Segerblom and Womack

 

CHAPTER 312

 

AN ACT relating to water; making various changes to the requirements for plans and joint plans of water conservation; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires each supplier of water to prepare and adopt a plan of water conservation and sets forth the requirements for such a plan. Suppliers of water may also adopt joint plans of water conservation with other suppliers of water. (NRS 540.131, 540.141) Section 3 of this bill requires such plans to include an estimate of the amount of water that will be conserved each year as the result of specified conservation measures and an analysis of how the rates proposed in the plans to be charged for the use of water will maximize water conservation. Also, section 3 requires the State Engineer to post plans and joint plans on his Internet website.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 540.011 is hereby amended to read as follows:

      540.011  1.  The Legislature determines that it is the policy of the State of Nevada to continue to recognize the critical nature of the State’s limited water resources. It is acknowledged that many of the State’s surface water resources are committed to existing uses, under existing water rights, and that in many areas of the State the available groundwater supplies have been appropriated for current uses. It is the policy of the State of Nevada to recognize and provide for the protection of these existing water rights. It is [also] the policy of the State to encourage efficient and nonwasteful use of these limited supplies. It is also the policy of the State to encourage suppliers of water to establish prices for the use of water that maximize water conservation with due consideration to the essential service needs of customers and the economic burdens on businesses, public services and low-income households.

 


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ê2007 Statutes of Nevada, Page 1253 (Chapter 312, AB 331)ê

 

      2.  The Legislature further recognizes the relationship between the critical nature of the State’s limited water resources and the increasing demands placed on these resources as the population of the State continues to grow.

      3.  The Legislature further recognizes the relationship between the quantity of water and the quality of water, and the necessity to consider both factors simultaneously when planning the uses of water.

      4.  The Legislature further recognizes the important role of water resource planning and that such planning must be based upon identifying current and future needs for water. The Legislature determines that the purpose of the State’s water resource planning is to assist the State, its local governments and its citizens in developing effective plans for the use of water.

      Sec. 2.  NRS 540.131 is hereby amended to read as follows:

      540.131  1.  Except as otherwise provided in subsection 5, each supplier of water which supplies water for municipal, industrial or domestic purposes shall, on or before July 1, 1992, adopt a plan of water conservation based on the climate and the living conditions of its service area in accordance with the provisions of NRS 540.141, and shall update the plan pursuant to paragraph (c) of subsection 4. The provisions of the plan must apply only to the supplier’s property and its customers. The supplier of water shall submit the plan to the Section for review by the Section pursuant to subsection 3.

      2.  As part of the procedure of adopting a plan, the supplier of water shall provide an opportunity for any interested person, including, but not limited to, any private or public entity that supplies water for municipal, industrial or domestic purposes, to submit written views and recommendations on the plan.

      3.  The plan must be reviewed by the Section within 30 days after its submission and approved for compliance with this section and NRS 540.141 before it is adopted by the supplier of water.

      4.  The plan:

      (a) Must be available for inspection by members of the public during office hours at the offices of the supplier of water;

      (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be made available for inspection by members of the public; and

      (c) Must be updated every 5 years and comply with the requirements of this section and NRS 540.141.

      5.  Suppliers of water:

      (a) Who are required to adopt a plan of water conservation pursuant to this section; and

      (b) Whose service areas are located in a common geographical area,

Ê may adopt joint plans of water conservation based on the climate and living conditions of that common geographical area. Such a plan must comply with the requirements of this section and NRS 540.141.

      6.  The board of county commissioners of a county, the governing body of a city and the town board or board of county commissioners having jurisdiction of the affairs of a town shall:

      (a) Adopt any ordinances necessary to carry out a plan of conservation adopted pursuant to this section which applies to property within its jurisdiction;

 


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ê2007 Statutes of Nevada, Page 1254 (Chapter 312, AB 331)ê

 

      (b) Establish a schedule of fines for the violation of any ordinances adopted pursuant to this subsection; and

      (c) Hire such employees as it deems necessary to enforce the provisions of any ordinances it adopts pursuant to this subsection.

      Sec. 3.  NRS 540.141 is hereby amended to read as follows:

      540.141  1.  A plan or joint plan of water conservation submitted to the Section for review must include provisions relating to:

      (a) Methods of public education to:

             (1) Increase public awareness of the limited supply of water in this State and the need to conserve water.

             (2) Encourage reduction in the size of lawns and encourage the use of plants that are adapted to arid and semiarid climates.

      (b) Specific conservation measures required to meet the needs of the service area, including, but not limited to, any conservation measures required by law.

      (c) The management of water to:

             (1) Identify and reduce leakage in water supplies, inaccuracies in water meters and high pressure in water supplies; and

             (2) Where applicable, increase the reuse of effluent.

      (d) A contingency plan for drought conditions that ensures a supply of potable water.

      (e) A schedule for carrying out the plan [.] or joint plan.

      (f) Measures to evaluate the effectiveness of the plan [.] or joint plan.

      (g) For each conservation measure specified in the plan or joint plan, an estimate of the amount of water that will be conserved each year as a result of the adoption of the plan or joint plan, stated in terms of gallons of water per person per day.

      2.  A plan or joint plan submitted for review must be accompanied by an analysis of [the] :

      (a) The feasibility of charging variable rates for the use of water to encourage the conservation of water.

      (b) How the rates that are proposed to be charged for the use of water in the plan or joint plan will maximize water conservation, including, without limitation, an estimate of the manner in which the rates will affect consumption of water.

      3.  The Section shall review any plan or joint plan submitted to it within 30 days after its submission and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.

      4.  The Chief may exempt wholesale water purveyors from the provisions of this section which do not reasonably apply to wholesale supply.

      5.  To the extent practicable, the State Engineer shall provide on his Internet website a link to the plans and joint plans that are submitted for review. In carrying out the provisions of this subsection, the State Engineer is not responsible for ensuring, and is not liable for failing to ensure, that the plans and joint plans which are provided on his Internet website are accurate and current.

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ê2007 Statutes of Nevada, Page 1255ê

 

CHAPTER 313, AB 334

Assembly Bill No. 334–Assemblywoman Smith

 

CHAPTER 313

 

AN ACT relating to education; creating a school district for charter schools sponsored by the State Board of Education for federal law purposes; revising provisions governing the closure of a charter school; clarifying certain provisions governing the payments of money to a charter school for the enrollment of certain pupils; revising provisions governing the employment of administrators for a charter school; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the board of trustees of a school district may sponsor charter schools and the State Board of Education may sponsor charter schools. (NRS 386.515) Section 2 of this bill creates a school district to be designated as the Charter School District for State Board-Sponsored Charter Schools. The School District is created for the sole purpose of federal law governing charter schools.

      Section 3 of this bill provides that upon closure of a charter school, an administrator of the charter school shall act as a trustee of certain records during the process of closure and for 1 year after the date of closure. If an administrator is not available, the governing body of the charter school shall appoint a qualified person to perform the duties of trustee.

      Under existing law, a charter school must accept for enrollment in certain classes, if space is available, children who are otherwise enrolled in a public school or a private school or homeschooled children. (NRS 386.580) Under existing law, these children are included in the count of pupils for the purposes of the basic support guarantee of the State Distributive School Account. (NRS 387.123, 387.1233) Section 5 of this bill clarifies the legislative declaration concerning the formation of charter schools to provide that the declaration does not preclude the payment of money to a charter school for the enrollment of these children in classes at a charter school. (NRS 386.505)

      Under existing law, a charter school may employ administrators for the school who meet certain eligibility requirements. (NRS 386.590) Section 6 of this bill revises provisions governing the employment of those administrators and revises the eligibility requirements.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  There is hereby created a school district to be designated as the Charter School District for State Board-Sponsored Charter Schools. The School District comprises only those charter schools that are sponsored by the State Board. The State Board is hereby deemed the board of trustees of the School District. The School District is created for the sole purpose of providing local educational agency status to the District for purposes of federal law governing charter schools.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, if a charter school ceases to operate voluntarily or upon revocation of its written charter, the governing body of the charter school shall appoint an administrator of the charter school to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure.

 


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ê2007 Statutes of Nevada, Page 1256 (Chapter 313, AB 334)ê

 

administrator of the charter school to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure. The administrator shall assume the responsibility for the records of the:

      (a) Charter school;

      (b) Employees of the charter school; and

      (c) Pupils enrolled in the charter school.

      2.  If an administrator for the charter school is no longer available to carry out the duties set forth in subsection 1, the governing body of the charter school shall appoint a qualified person to assume those duties.

      3.  The governing body of the charter school may, to the extent practicable, provide financial compensation to the administrator or person appointed pursuant to subsection 2 to carry out the provisions of this section.

      Sec. 4.  NRS 386.500 is hereby amended to read as follows:

      386.500  For the purposes of NRS 386.500 to 386.610, inclusive, and sections 2 and 3 of this act, a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are limited English proficient, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

      Sec. 5.  NRS 386.505 is hereby amended to read as follows:

      386.505  The Legislature declares that by authorizing the formation of charter schools it is not authorizing:

      1.  The conversion of an existing public school, home school or other program of home study to a charter school.

      2.  A means for providing financial assistance for private schools or programs of home study. The provisions of this subsection do not preclude [a] :

      (a) A private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 2 and 3 of this act.

      (b) The payment of money to a charter school for the enrollment of children in classes at the charter school pursuant to subsection 5 of NRS 386.580 who are enrolled in a public school of a school district or a private school or who are homeschooled.

      3.  The formation of charter schools on the basis of a single race, religion or ethnicity.

      Sec. 5.5.  NRS 386.527 is hereby amended to read as follows:

      386.527  1.  If the State Board or the board of trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The State Board or the board of trustees, as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the Department of the approval and the date of the approval. If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

      2.  If the State Board approves the application:

      (a) The State Board shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

 


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ê2007 Statutes of Nevada, Page 1257 (Chapter 313, AB 334)ê

 

      3.  [Upon the initial renewal of a written charter and each renewal thereafter, the] The governing body of a charter school may request , at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt [objective] :

      (a) An application process for a charter school that requests a change in the sponsorship of the charter school, which must not require the applicant to undergo the requirements of an initial application to form a charter school; and

      (b) Objective criteria for the conditions under which such a request may be granted.

      4.  Except as otherwise provided in subsection 6, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to (o), inclusive, of subsection 2 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the State Board is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

      5.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently [enrolled] approved for enrollment in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 2 and 3 of this act, and any other statute or regulation applicable to charter schools, the sponsor may amend the written charter in accordance with the proposed amendment. If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently [enrolled] approved for enrollment in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit a new application to form a charter school. If such an application is approved, the charter school may continue to operate under the same governing body and an additional governing body does not need to be selected to operate the charter school with the expanded grade levels.

      6.  The State Board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

 


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ê2007 Statutes of Nevada, Page 1258 (Chapter 313, AB 334)ê

 

      (a) Period for which such a written charter is valid; and

      (b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

Ê A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

      7.  The holder of a written charter that is issued pursuant to subsection 6 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the State Board pursuant to subsection 6 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

      (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

      (b) Charter school,

Ê whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

      Sec. 6.  NRS 386.590 is hereby amended to read as follows:

      386.590  1.  Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.

      2.  A governing body of a charter school shall employ:

      (a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4, 5, 6, 7 or 8, a licensed teacher to teach pupils who are enrolled in those grades. If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

      (b) If the charter school offers instruction in grade 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the subjects set forth in subsection 4. If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

      (c) In addition to the requirements of paragraphs (a) and (b):

             (1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.

             (2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.

 


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ê2007 Statutes of Nevada, Page 1259 (Chapter 313, AB 334)ê

 

             (3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.

      3.  A person who is initially hired by the governing body of a charter school on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if he has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by his current employer.

      4.  A teacher who is employed by a charter school, regardless of the date of hire, must, on or before July 1, 2006, possess the qualifications required by 20 U.S.C. § 6319(a) if he teaches one or more of the following subjects:

      (a) English, reading or language arts;

      (b) Mathematics;

      (c) Science;

      (d) Foreign language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      5.  Except as otherwise provided in NRS 386.588, a charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsections 2, 3 and 4 if the person has:

      (a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and

      (b) At least 2 years of experience in that field.

      6.  Except as otherwise provided in NRS 386.588, a charter school [may] shall employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

      (a) A valid teacher’s license issued pursuant to chapter 391 of NRS with an administrative endorsement;

      (b) A master’s degree in school administration, public administration or business administration; or

      (c) [If the person has at] At least 5 years of experience in school administration, public administration or business administration and a baccalaureate degree.

      7.  Except as otherwise provided in subsection 8, the portion of the salary or other compensation of an administrator employed by a charter school that is derived from public funds must not exceed the salary or other compensation, as applicable, of the highest paid administrator in a comparable position in the school district in which the charter school is located. For purposes of determining the salary or other compensation of the highest paid administrator in a comparable position in the school district, the salary or other compensation of the superintendent of schools of that school district must not be included in the determination.

      8.  If the salary or other compensation paid to an administrator employed by a charter school from public funds exceeds the maximum amount prescribed in subsection 7, the sponsor of the charter school shall conduct an audit of the salary or compensation.

 


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ê2007 Statutes of Nevada, Page 1260 (Chapter 313, AB 334)ê

 

conduct an audit of the salary or compensation. The audit must include, without limitation, a review of the reasons set forth by the governing body of the charter school for the salary or other compensation and the interests of the public in using public funds to pay that salary or compensation. If the sponsor determines that the payment of the salary or other compensation from public funds is justified, the sponsor shall provide written documentation of its determination to the governing body of the charter school and to the Department. If the sponsor determines that the payment of the salary or other compensation from public funds is not justified, the governing body of the charter school shall reduce the salary or compensation paid to the administrator from public funds to an amount not to exceed the maximum amount prescribed in subsection 7.

      9.  A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this State or another state.

      [8.] 10.  On or before November 15 of each year, a charter school shall submit to the Department, in a format prescribed by the Superintendent of Public Instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:

      (a) The amount of salary of the employee [;] , including, without limitation, verification of compliance with subsection 7, if applicable to that employee; and

      (b) The designated assignment, as that term is defined by the Department, of the employee.

      Sec. 7.  If a person is employed by a charter school as an administrator before July 1, 2007, and he qualified for that position pursuant to paragraph (c) of subsection 6 of NRS 386.590, the person may continue employment in that position even if he does not satisfy the qualifications set forth in section 6 of this act.

      Sec. 8.  If a person is employed by a charter school as an administrator before July 1, 2007, and the contract of employment with the administrator provides for a salary or other compensation that violates subsection 7 of NRS 386.590, as amended by section 6 of this act, the administrator may continue to receive that salary or other compensation only through the term of the existing contract of employment. Any new contract or renewal of the existing contract with that administrator must comply with subsection 7 of NRS 386.590, as amended by section 6 of this act.

      Sec. 9.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 1261ê

 

CHAPTER 314, AB 342

Assembly Bill No. 342–Assemblymen Gansert, Mabey, Parks, Goedhart, Hardy, Manendo, Marvel, McClain, Parnell, Segerblom and Stewart

 

Joint Sponsor: Senator Cegavske

 

CHAPTER 314

 

AN ACT relating to elections; providing under certain circumstances that a registered voter who lives in a mailing precinct or an absent ballot mailing precinct of a county who has received a mailing ballot may vote in person at the office of the county clerk or at designated polling places on election day or at polling places during the period for early voting; requiring certain county clerks to designate at least one polling place to be the polling place where any registered voter who lives in any of the mailing precincts or absent ballot mailing precincts of the county may vote in person on election day; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Section 4 of this bill requires county clerks in counties with a population of 100,000 or more to designate at least one polling place in the county as the polling place where a person who lives in a mailing precinct or an absent ballot mailing precinct may vote in person on election day. In counties with a population of less than 100,000, section 4 provides that a county clerk may, but is not required to, designate such a polling place. Section 6 of this bill prohibits the return of a mailing ballot by any person other than the registered voter to whom the ballot was sent unless a family member returns the ballot at the request of the voter. A person who violates this provision is guilty of a category E felony.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

      Sec. 4.  NRS 293.343 is hereby amended to read as follows:

      293.343  1.  A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county clerk that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

      2.  Whenever the county clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

      3.  In a county whose population is 100,000 or more, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:

      (a) Shall designate at least one polling place in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and

 


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ê2007 Statutes of Nevada, Page 1262 (Chapter 314, AB 342)ê

 

      (b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, 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.

      4.  In a county whose population is less than 100,000, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:

      (a) May designate one or more polling places in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and

      (b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, 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.

      5.  Polling places designated pursuant to subsection 3 or 4 may include, without limitation, polling places located as closely as practicable to the mailing precincts.

      Sec. 5.  NRS 293.345 is hereby amended to read as follows:

      293.345  [The]

      1.  Before 5 p.m. on the last business day preceding the first day of the period for early voting for any primary election or general election, the county clerk shall [mail] cause to be mailed to each registered voter in each mailing precinct and in each absent ballot mailing precinct [, before 5 p.m. on the second Thursday before the primary election and before 5 p.m. on the fourth Tuesday in October of any year in which a general election is to be held,] an official mailing ballot to be voted by him at the election [.] , and accompanying supplies, as specified in NRS 293.350.

      2.  If the county clerk has designated, pursuant to subsection 3 or 4 of NRS 293.343, one or more polling places where a voter may vote in person, the official ballot and the sample ballot must include a notice in bold type informing the voter of the location of the designated polling place or polling places on election day and the polling places during the period for early voting where the voter may vote in person pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353.

      Sec. 6.  NRS 293.353 is hereby amended to read as follows:

      293.353  [Upon]

      1.  Except as otherwise provided in subsection 2 or 3, upon receipt of a mailing ballot from the county clerk, the registered voter must [:

      1.  Except as otherwise provided in subsection 2:

      (a) Immediately after opening the envelope,] , in accordance with the instructions, mark and fold the ballot [;

      (b) Place the ballot] , if it is a paper ballot, or punch it and leave it unfolded, if the ballot is voted by punching a card, deposit and seal the ballot in the return envelope [;

      (c) Affix] , affix his signature on the back of the envelope [; and

      (d) Mail or deliver] and mail the envelope to the county clerk.

      2.  [In those counties using a mechanical voting system whereby a vote is cast by punching a card:

 


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ê2007 Statutes of Nevada, Page 1263 (Chapter 314, AB 342)ê

 

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county clerk.] Except as otherwise provided in subsection 3, if a registered voter who has received a mailing ballot applies to vote in person at:

      (a) The office of the county clerk, he must mark or punch the ballot, place and seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) One of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, he must surrender the mailing ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered mailing ballot shall mark it “Cancelled.”

      3.  If a registered voter who has received a mailing ballot wishes to vote in person at the office of the county clerk or at one of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, and the voter does not have the mailing ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

      (b) Is a registered voter who is otherwise entitled to vote; and

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

      4.  It is unlawful for any person to return a mailing ballot other than the registered voter to whom the ballot was sent or, at the request of the voter, a member of the family of that voter. A person who returns a mailing ballot and who is a member of the family of the voter who received the mailing ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who received the mailing ballot and that the voter requested that he return the mailing ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 7.  NRS 293.355 is hereby amended to read as follows:

      293.355  1.  Upon receipt of the return envelope from [the] a registered voter [,] of a mailing precinct or absent ballot mailing precinct, whether through the mail or in person at the office of the county clerk pursuant to paragraph (a) of subsection 2 of NRS 293.353, the county clerk shall follow the same procedure as in the case of absent ballots.

      2.  Ballots voted in person at a polling place pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, or at the office of the county clerk pursuant to subsection 3 of NRS 293.353, by registered voters of a mailing precinct or absent ballot mailing precinct must be processed and reported by the appointed election board or county clerk in the same manner as required by law for absent ballots voted in person pursuant to NRS 293.330.

      Secs. 8-14.  (Deleted by amendment.)

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ê2007 Statutes of Nevada, Page 1264ê

 

CHAPTER 315, AB 352

Assembly Bill No. 352–Assemblymen Gerhardt, Leslie, Parks, Conklin, Anderson, Atkinson, Beers, Buckley, Claborn, Denis, Goedhart, Goicoechea, Grady, Hogan, Kihuen, Koivisto, Manendo, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Smith, Stewart and Womack

 

CHAPTER 315

 

AN ACT relating to work cards; making the issuance of a temporary work card for employment at certain kinds of dwelling units discretionary rather than mandatory; prohibiting the issuance of work cards for such employment to persons who have been convicted of certain crimes; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a landlord of dwelling units intended and operated exclusively for persons 55 years of age and older is prohibited from employing persons to perform certain work on the premises unless the person has obtained a work card from the county sheriff. (NRS 118A.335) This bill: (1) makes the issuance of a temporary work card to an applicant who is being investigated discretionary rather than mandatory; and (2) prohibits the sheriff from issuing a work card to a person who has been convicted of certain crimes, including a category A, B or C felony or a similar crime in another state, a sexual offense, certain crimes against the elderly or other vulnerable persons, certain batteries, certain thefts or certain violations of state or federal drug laws. This bill further provides that a person who is denied a work card who believes the information provided to the sheriff by the Central Repository for Nevada Records of Criminal History is incorrect must be given an opportunity to correct the information.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 118A.335 is hereby amended to read as follows:

      118A.335  1.  Except as otherwise provided in subsection [4,] 5, a landlord of dwelling units intended and operated exclusively for persons 55 years of age and older may not employ any person who will work 36 hours or more per week and who will have access to all dwelling units to perform work on the premises unless the person has obtained a work card issued pursuant to subsection 2 by the sheriff of the county in which the dwelling units are located and renewed that work card as necessary.

      2.  The sheriff of a county shall issue a work card to each person who is required by this section to obtain a work card and who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed:

      (a) Every 5 years; and

      (b) Whenever the person changes his employment to perform work for an employer other than the employer for which his current work card was issued.

      3.  If the sheriff of a county requires an applicant for a work card to be investigated:

      (a) The applicant must submit with his application a complete set of his fingerprints and written permission authorizing the sheriff to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

 


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ê2007 Statutes of Nevada, Page 1265 (Chapter 315, AB 352)ê

 

fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (b) The sheriff [may] shall submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      (c) The sheriff [shall] may issue a temporary work card pending the determination of the criminal history of the applicant by the Federal Bureau of Investigation.

      4.  The sheriff shall not issue a work card to any person who:

      (a) Has been convicted of a category A, B or C felony or of a crime in another state which would be a category A, B or C felony if committed in this State;

      (b) Has been convicted of a sexual offense;

      (c) Has been convicted of a crime against any person who is 60 years of age or older or against a vulnerable person for which an additional term of imprisonment may be imposed pursuant to NRS 193.167 or the laws of any other jurisdiction;

      (d) Has been convicted of a battery punishable as a gross misdemeanor; or

      (e) Within the immediately preceding 5 years:

             (1) Has been convicted of a theft; or

             (2) Has been convicted of a violation of any state or federal law regulating the possession, distribution or use of a controlled substance.

      5.  The following persons are not required to obtain a work card pursuant to this section:

      (a) A person who holds a permit to engage in property management pursuant to chapter 645 of NRS.

      (b) An independent contractor. As used in this paragraph, “independent contractor” means a person who performs services for a fixed price according to his own methods and without subjection to the supervision or control of the landlord, except as to the results of the work, and not as to the means by which the services are accomplished.

      (c) An offender in the course and scope of his employment in a work program directed by the warden, sheriff, administrator or other person responsible for administering a prison, jail or other detention facility.

      (d) A person performing work through a court-assigned restitution or community-service program.

      6.  If the sheriff does not issue a work card to a person because the information received from the Central Repository for Nevada Records of Criminal History indicates that the person has been convicted of a crime listed in subsection 4 and the person believes that the information provided by the Central Repository is incorrect, the person may immediately inform the sheriff. If the sheriff is so informed, he shall give the person at least 30 days in which to correct the information before terminating the temporary work card issued pursuant to subsection 3.

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

      (a) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.

      (b) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

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ê2007 Statutes of Nevada, Page 1266ê

 

CHAPTER 316, AB 383

Assembly Bill No. 383–Assemblymen Kirkpatrick, Conklin and Koivisto

 

CHAPTER 316

 

AN ACT relating to immigration; creating new crimes relating to trafficking in persons; providing for punitive damages in a civil action against a person who commits such crimes in certain circumstances; making property of a person who commits such crimes subject to forfeiture; adding the crimes to the list of felonies that may cause a person to be charged as a habitual felon; requiring the Director of the Department of Business and Industry to include on the website of the Department a link to the Social Security Administration for employers to verify employee social security numbers; providing for an administrative fine to be imposed against a person who holds a state business license if the person willfully, flagrantly or otherwise egregiously engages in the unlawful hiring or employment of an unauthorized alien in violation of federal law; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Section 1.3 of this bill creates the crime of trafficking in persons for illegal purposes which involves engaging in certain acts concerning the transportation of an illegal alien into this State with the intent: 1) to subject the person to certain acts relating to involuntary servitude; 2) to commit another felony; or 3) to violate any state or federal labor law. A person who commits such a crime is guilty of a category B felony punishable by a term of imprisonment in the state prison for not less than 1 year and not more than 20 years, and by a fine of not more than $50,000. Section 1.5 of this bill creates the crime of trafficking in persons which contains the same elements as for trafficking in persons for illegal purposes except that rather than committing the act with the intent to commit another crime, the person commits the act in exchange for money or other financial gain. A person who commits the crime of trafficking in persons is guilty of a category B felony which is punishable by a term of imprisonment in the state prison for a minimum term of 1 year and a maximum term of 10 years, and by a fine of not more than $50,000.

      Section 3 of this bill adds the two new crimes of trafficking in persons to the list of crimes that may cause a person to be charged as a habitual felon. (NRS 207.012) Section 4 of this bill allows a person who suffers an injury as the result of the willful violation of such crimes by a person who was motivated by certain characteristics of the person to recover actual and punitive damages in a civil action. (NRS 41.690) Section 5 of this bill makes personal property of a person who engages in either of the two crimes of trafficking in persons subject to forfeiture. (NRS 179.121)

      Section 6 of this bill requires the Director of the Department of Business and Industry to include on the website maintained by the Department a link to the Social Security Administration where an employer may verify the social security numbers of his employees.

      Section 10 of this bill requires the Nevada Tax Commission to hold a hearing concerning any person who holds a state business license who has been found to have engaged in the unlawful hiring or employment of an unauthorized alien in violation of federal law. If the violation is willful, flagrant or otherwise egregious, the Commission is required to impose an administrative fine on the person.

 

 


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ê2007 Statutes of Nevada, Page 1267 (Chapter 316, AB 383)ê

 

      Whereas, Trafficking in persons provides opportunities for modern day slavery to occur; and

      Whereas, Thousands of persons of all ages worldwide are trafficked annually across international borders; and

      Whereas, Victims of trafficking in persons are often subjected to force, fraud or coercion for the purpose of subjecting the victims to sexual exploitation, prostitution, providing other forms of sexual entertainment or forced labor; and

      Whereas, Victims of trafficking in persons may also be used to provide labor in a manner that violates labor laws, including, without limitation, providing labor for reduced wages in the areas of domestic services, restaurants, janitorial services, production work in factories and agricultural labor; and

      Whereas, Traffickers often employ tactics to instill fear in victims and to deny them freedom, including, without limitation, keeping the victims locked against their will, isolating victims from the public and from their families, confiscating passports, visas or other documents, using or threatening to use violence against victims or their families, informing victims that they will be imprisoned or deported for the violation of immigration laws if they disobey or try to inform the authorities about their situation and controlling any money of the victims; and

      Whereas, The Legislature recognizes that it is necessary for the State to protect these victims by ensuring that persons who engage in trafficking of persons are punished severely for engaging in such conduct; now therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

      Sec. 1.3.  1.  A person shall not transport, procure transportation for or assist in the transportation of or procurement of transportation for another person into the State of Nevada whom he knows or has reason to know does not have the legal right to enter or remain in the United States with the intent to:

      (a) Subject the person to involuntary servitude or any other act prohibited pursuant to NRS 200.463 or 200.465;

      (b) Violate any state or federal labor law, including, without limitation, 8 U.S.C. § 1324a; or

      (c) Commit any other crime which is punishable by not less than 1 year imprisonment in the state prison.

      2.  A person who violates the provisions of subsection 1 is guilty of trafficking in persons for illegal purposes and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

      Sec. 1.5.  1.  A person shall not transport, procure transportation for or assist in the transportation of or procurement of transportation for another person into the State of Nevada whom he knows or has reason to know does not have the legal right to enter or remain in the United States in exchange for money or other financial gain.

 


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ê2007 Statutes of Nevada, Page 1268 (Chapter 316, AB 383)ê

 

      2.  A person who violates the provisions of subsection 1 is guilty of trafficking in persons and, unless a greater penalty is provided pursuant to NRS 200.464 or section 1.3 of this act, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $50,000.

      Sec. 2.  NRS 200.464 is hereby amended to read as follows:

      200.464  [A] Unless a greater penalty is provided pursuant to section 1.3 of this act, a person who knowingly:

      1.  Recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be held in involuntary servitude; or

      2.  Benefits, financially or by receiving anything of value, from participating in a violation of NRS 200.463,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $50,000.

      Sec. 3.  NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this State of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,

Ê is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 200.464, 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484.219, 484.3795 or 484.37955 [.] or section 1.3 or 1.5 of this act.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

 


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ê2007 Statutes of Nevada, Page 1269 (Chapter 316, AB 383)ê

 

      Sec. 4.  NRS 41.690 is hereby amended to read as follows:

      41.690  1.  A person who has suffered injury as the proximate result of the willful violation of the provisions of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.463, 200.464, 200.465, 200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 or section 1.3 or 1.5 of this act by a perpetrator who was motivated by the injured person’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation may bring an action for the recovery of his actual damages and any punitive damages which the facts may warrant. If the person who has suffered injury prevails in an action brought pursuant to this subsection, the court shall award him costs and reasonable attorney’s fees.

      2.  The liability imposed by this section is in addition to any other liability imposed by law.

      Sec. 5.  NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:

      (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny, theft if it is punishable as a felony, or pandering;

      (b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;

      (c) A violation of NRS 202.445 or 202.446;

      (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

      (e) A violation of NRS 200.463, 200.464, 200.465, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405 or 465.070 to 465.085, inclusive [.] , or section 1.3 or 1.5 of this act.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

 


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ê2007 Statutes of Nevada, Page 1270 (Chapter 316, AB 383)ê

 

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      4.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 6.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall include on the Internet website maintained by the Department a link which connects to the Social Security Administration where an employer may verify the social security number of an employee.

      2.  The link required pursuant to subsection 1 must be maintained in the area of the website that encourages and promotes the growth, development and legal operation of businesses within the State of Nevada.

      Sec. 7.  NRS 232.505 is hereby amended to read as follows:

      232.505  As used in NRS 232.505 to 232.840, inclusive, and section 6 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Business and Industry.

      2.  “Director” means the Director of the Department.

      Sec. 8.  Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

      Sec. 9.  “Unauthorized alien” has the meaning ascribed to it in 8 U.S.C. § 1324a(h)(3).

      Sec. 10.  1.  Upon finding that the Attorney General of the United States has made a final decision and entered an order that a person who holds a state business license has engaged in the unlawful hiring or employment of an unauthorized alien pursuant to U.S.C. § 1324a(e), the Nevada Tax Commission shall hold a hearing to determine whether to take action against the person.

      2.  The Nevada Tax Commission shall consider any proof submitted by the person who holds a state business license which demonstrates that the person attempted to verify the social security number of the unauthorized alien within 6 months from the date on which the unauthorized alien was allegedly employed. Such proof may include, without limitation, a printout from the link maintained on the Internet website of the Department of Business and Industry pursuant to section 6 of this act. Such proof may be used as prima facie evidence that the violation was not willful, flagrant or otherwise egregious.

      3.  If the Nevada Tax Commission determines that the person who holds the state business license violated the federal law willfully, flagrantly or otherwise egregiously, the Commission shall impose an administrative fine against the person in an amount established by the Commission by regulation. Any such administrative fine imposed must be deposited in the State General Fund.

      4.  The Nevada Tax Commission shall adopt such regulations as it determines necessary to carry out the provisions of this section.

 


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ê2007 Statutes of Nevada, Page 1271 (Chapter 316, AB 383)ê

 

      Sec. 11.  NRS 360.760 is hereby amended to read as follows:

      360.760  As used in NRS 360.760 to 360.798, inclusive, and sections 9 and 10 of this act, unless the context otherwise requires, the words and terms defined in NRS 360.765 to 360.775, inclusive, and section 9 of this act, have the meanings ascribed to them in those sections.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 613.080 is hereby amended to read as follows:

      613.080  1.  The immigration to this State of all slaves and other people bound by contract to involuntary servitude for a term of years is hereby prohibited.

      2.  It is unlawful for any company, person or persons to collect the wages or compensation for the labor of the persons described in subsection 1.

      3.  It is unlawful for any corporation, company, person or persons to pay to any owner or agent of the owner of any such persons mentioned in subsection 1 any wages or compensation for the labor of such slaves or persons so bound by the contract to involuntary servitude.

      4.  Unless a greater penalty is provided in NRS 200.463 or 200.464 [,] or section 1.3 of this act, a violation of any of the provisions of this section is a gross misdemeanor.

________

 

CHAPTER 317, AB 239

Assembly Bill No. 239–Assemblymen Koivisto, Anderson, Bobzien, Claborn, Denis, McClain, Mortenson, Segerblom and Womack

 

CHAPTER 317

 

AN ACT relating to motor vehicles; requiring a provider of a vehicle service contract to notify the buyer of a vehicle service contract if the provider ceases doing business in this State; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      This bill requires a provider of a vehicle service contract to notify the buyer of a vehicle service contract in writing if the provider ceases doing business in this State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 690C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A provider who, whether directly or through a vehicle dealer licensed pursuant to NRS 482.325, enters into a vehicle service contract with a buyer shall, within 30 days after ceasing doing business in this State, notify any buyer who purchased such a contract in writing of the fact that the provider has ceased doing business in this State if the specified period of the vehicle service contract has not yet expired.

      2.  The provisions of this section do not:

      (a) Render a service contract void pursuant to NRS 690C.250;

      (b) Cancel a service contract pursuant to NRS 690C.270; or

 


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ê2007 Statutes of Nevada, Page 1272 (Chapter 317, AB 239)ê

 

      (c) Release the provider from any liability imposed by a violation of any provision of this chapter.

      3.  As used in this section:

      (a) “Buyer” means the buyer of a vehicle service contract.

      (b) “Vehicle service contract” means a contract pursuant to which a provider, in exchange for separately stated consideration, is obligated for a specified period to a buyer to repair, replace or perform maintenance on, or indemnify or reimburse the buyer for the costs of repairing, replacing or performing maintenance on, a motor vehicle which is described in the vehicle service contract and which has an operational or structural failure as a result of a defect in materials, workmanship or normal wear and tear, including, without limitation, a contract that includes a provision for incidental payment of indemnity under limited circumstances, including, without limitation, towing, rental and emergency road service.

      Sec. 1.5.  NRS 690C.100 is hereby amended to read as follows:

      690C.100  1.  The provisions of this title do not apply to:

      (a) A warranty;

      (b) A maintenance agreement;

      (c) A service contract provided by a public utility on its transmission device if the service contract is regulated by the Public Utilities Commission of Nevada;

      (d) A service contract sold or offered for sale to a person who is not a consumer;

      (e) A service contract for goods if the purchase price of the goods is less than $250; or

      (f) [A] Except as otherwise provided in section 1 of this act, a service contract issued, sold or offered for sale by a vehicle dealer on vehicles sold by the dealer, if the dealer is licensed pursuant to NRS 482.325 and the service contract obligates either the dealer or the manufacturer of the vehicle, or an affiliate of the dealer or manufacturer, to provide all services under the service contract.

      2.  The sale of a service contract pursuant to this chapter does not constitute the business of insurance for the purposes of 18 U.S.C. §§ 1033 and 1034.

      3.  As used in this section:

      (a) “Maintenance agreement” means a contract for a limited period that provides only for scheduled maintenance.

      (b) “Warranty” means a warranty provided solely by a manufacturer, importer or seller of goods for which the manufacturer, importer or seller did not receive separate consideration and that:

             (1) Is not negotiated or separated from the sale of the goods;

             (2) Is incidental to the sale of the goods; and

             (3) Guarantees to indemnify the consumer for defective parts, mechanical or electrical failure, labor or other remedial measures required to repair or replace the goods.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  This act becomes effective on October 1, 2007.

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ê2007 Statutes of Nevada, Page 1273ê

 

CHAPTER 318, AB 194

Assembly Bill No. 194–Assemblymen Horne, Parks, Anderson, Arberry, Atkinson, Bobzien, Carpenter, Conklin, Denis, Gerhardt, Grady, Kihuen, Koivisto, Leslie, Mabey, Marvel, McClain, Mortenson, Munford, Ohrenschall, Pierce, Segerblom and Womack (by request)

 

Joint Sponsors: Senators Horsford, Coffin, Lee, Titus, Wiener and Woodhouse

 

CHAPTER 318

 

AN ACT relating to victims of crime; prohibiting an adverse party named in an extended order for protection against domestic violence from possessing or having under his custody or control a firearm; making various changes to provisions regarding orders for protection against domestic violence; expanding the persons against whom domestic violence may be committed; revising provisions regarding the testing of certain persons accused of committing certain crimes for exposure to the human immunodeficiency virus and commonly contracted sexually transmitted diseases; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law sets forth certain unlawful acts which constitute domestic violence when committed against certain specified persons. (NRS 33.018) Existing law authorizes a court to issue a temporary or extended order for protection to protect a person listed in that statute from domestic violence. (NRS 33.020, 33.030) Section 5 of this bill expands the list of persons against whom domestic violence may be committed to include a person who has been appointed the custodian or legal guardian of a child.

      Section 2 of this bill authorizes the court, when issuing an extended order, to include a requirement that the adverse party surrender any firearms possessed by him or under his custody or control and that he not possess or have under his custody or control any firearm while the order is in effect. Section 2 requires the court to consider certain factors in deciding whether to include such provisions in an extended order and provides for a limited exception that may be granted if the adverse party can establish that the use or possession of a firearm is an integral part of his employment and that the employer will provide for the storage of any such firearm during any period that the adverse party is not working. Section 3 of this bill establishes the procedures governing the surrender, sale or transfer of any firearm possessed or under the custody or control of an adverse party subject to such an extended order. Section 2 makes it a gross misdemeanor for an adverse party to violate those provisions of an extended order.

      Section 6 of this bill authorizes a court, when granting an extended order, to provide for the support of a minor child for whom a guardian has been appointed or who has been placed in protective custody and to pay compensation to the applicant for lost earnings and expenses incurred by the applicant in attending any hearing concerning an application for an extended order. (NRS 33.030)

      Section 7 of this bill requires a law enforcement officer to inform an adverse party who violates an order for protection against domestic violence of the date and time set for a hearing on an application for an extended order in certain circumstances. (NRS 33.070)

 


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      Existing federal law requires, as a condition to receiving certain federal grants, that states provide by law for certain procedures concerning the testing of a defendant who is arrested for certain crimes involving sexual conduct. (42 U.S.C. § 3796hh(d)) Section 9 of this bill revises the procedures for testing certain alleged criminals who commit a sexual assault and victims of sexual assault for the human immunodeficiency virus and other commonly contracted sexually transmitted diseases to comply with those federal requirements. (NRS 441A.320)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A court may include in an extended order issued pursuant to NRS 33.030:

      (a) A requirement that the adverse party surrender, sell or transfer any firearm in his possession or under his custody or control in the manner set forth in section 3 of this act; and

      (b) A prohibition on the adverse party against possessing or having under his custody or control any firearm while the order is in effect.

      2.  In determining whether to include the provisions set forth in subsection 1 in an extended order, the court must consider, without limitation, whether the adverse party:

      (a) Has a documented history of domestic violence;

      (b) Has used or threatened to use a firearm to injure or harass the applicant, a minor child or any other person; and

      (c) Has used a firearm in the commission or attempted commission of any crime.

      3.  If a court includes the provisions set forth in subsection 1 in an extended order, the court may include a limited exception from the prohibition to possess or have under his custody or control any firearm if the adverse party establishes that:

      (a) The adverse party is employed by an employer who requires the adverse party to use or possess a firearm as an integral part of his employment; and

      (b) The employer will provide for the storage of any such firearm during any period when the adverse party is not working.

      4.  An adverse party who violates any provision included in an extended order pursuant to this section concerning the surrender, sale, transfer, possession, custody or control of a firearm is guilty of a gross misdemeanor. If the court includes any such provision in an extended order, the court must include in the order a statement that violation of such a provision in the order is a gross misdemeanor.

      Sec. 3.  1.  If a court orders an adverse party to surrender any firearm pursuant to section 2 of this act, the adverse party shall, not later than 24 hours after service of the order:

      (a) Surrender any firearm in his possession or under his custody or control to the appropriate local law enforcement agency designated by the court in the order;

      (b) Surrender any firearm in his possession or under his custody or control to a person designated by the court in the order; or

      (c) Sell or transfer any firearm in his possession or under his custody or control to a licensed firearm dealer.

 


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      2.  If the court orders the adverse party to surrender any firearm to a local law enforcement agency pursuant to paragraph (a) of subsection 1, the law enforcement agency shall provide the adverse party with a receipt which includes a description of each firearm surrendered and the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide the receipt to the court.

      3.  If the court orders the adverse party to surrender any firearm to a person designated by the court pursuant to paragraph (b) of subsection 1, the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after he surrenders any firearm to such person, provide to the court and the appropriate local law enforcement agency the name and address of the person designated in the order and a written description of each firearm surrendered to such person.

      4.  If the adverse party sells or transfers any firearm to a licensed firearm dealer that is subject to an order pursuant to paragraph (c) of subsection 1, the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after such sale or transfer, provide to the court and the appropriate local law enforcement agency a receipt of such sale or transfer and a written description of each firearm sold or transferred.

      5.  If there is probable cause to believe that the adverse party has not surrendered, sold or transferred any firearm in his possession or under his custody or control within 24 hours after service of the order, the court may issue and deliver to any law enforcement officer a search warrant which authorizes the law enforcement officer to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.

      6.  A local law enforcement agency may charge and collect a fee from the adverse party for the collection and storage of a firearm pursuant to this section. The fee must not exceed the cost incurred by the local law enforcement agency to provide the service.

      Sec. 4.  NRS 33.017 is hereby amended to read as follows:

      33.017  As used in NRS 33.017 to 33.100, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Extended order” means an extended order for protection against domestic violence.

      2.  “Temporary order” means a temporary order for protection against domestic violence.

      Sec. 5.  NRS 33.018 is hereby amended to read as follows:

      33.018  1.  Domestic violence occurs when a person commits one of the following acts against or upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons , [or] his minor child [:] or any person who has been appointed the custodian or legal guardian for his minor child:

      (a) A battery.

      (b) An assault.

      (c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.

      (d) A sexual assault.

 


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      (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

             (1) Stalking.

             (2) Arson.

             (3) Trespassing.

             (4) Larceny.

             (5) Destruction of private property.

             (6) Carrying a concealed weapon without a permit.

      (f) A false imprisonment.

      (g) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      2.  As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      Sec. 6.  NRS 33.030 is hereby amended to read as follows:

      33.030  1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order him to stay away from any specified place frequented regularly by them;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant; and

      (e) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary; and

      (b) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence [or pay] ;

             (3) Pay for the support of the applicant or minor child , including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159 of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if he is found to have a duty to support the applicant or minor child; [and

             (3)] (4) Pay all costs and fees incurred by the applicant in bringing the action [.] ; and

             (5) Pay monetary compensation to the applicant for lost earnings and expenses incurred as a result of the applicant attending any hearing concerning an application for an extended order.

      3.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

 


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ê2007 Statutes of Nevada, Page 1277 (Chapter 318, AB 194)ê

 

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

      5.  A temporary or extended order must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm.

      Sec. 7.  NRS 33.070 is hereby amended to read as follows:

      33.070  1.  Every temporary or extended order must include a provision ordering any law enforcement officer to arrest an adverse party if the officer has probable cause to believe that the adverse party has violated any provision of the order. The law enforcement officer may make an arrest with or without a warrant and regardless of whether the violation occurs in his presence.

      2.  If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and order, he shall:

      (a) Inform the adverse party of the specific terms and conditions of the order;

      (b) Inform the adverse party that he now has notice of the provisions of the order and that a violation of the order will result in his arrest; [and]

      (c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order [.] ; and

      (d) Inform the adverse party of the date and time set for a hearing on an application for an extended order, if any.

      3.  Information concerning the terms and conditions of the order, the date and time of the notice provided to the adverse party and the name and identifying number of the officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.

      Sec. 8.  NRS 441A.220 is hereby amended to read as follows:

      441A.220  All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:

      1.  For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.

      2.  In a prosecution for a violation of this chapter.

      3.  In a proceeding for an injunction brought pursuant to this chapter.

      4.  In reporting the actual or suspected abuse or neglect of a child or elderly person.

      5.  To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the Board.

      6.  If the person who is the subject of the information consents in writing to the disclosure.

      7.  Pursuant to subsection [2] 4 of NRS 441A.320 or NRS 629.069.

 


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ê2007 Statutes of Nevada, Page 1278 (Chapter 318, AB 194)ê

 

      8.  If the disclosure is made to the Department of Health and Human Services and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.

      9.  To a firefighter, police officer or person providing emergency medical services if the Board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the Board.

      10.  If the disclosure is authorized or required by specific statute.

      Sec. 9.  NRS 441A.320 is hereby amended to read as follows:

      441A.320  1.  [As soon as practicable after:

      (a) A person is arrested for the commission of a crime; or

      (b) A minor is detained for the commission of an act which, if committed by a person other than a minor would have constituted a crime,

Ê which] If the alleged victim or a witness to a crime alleges that the crime involved the sexual penetration of the victim’s body, the health authority shall perform the tests set forth in subsection 2 as soon as practicable after the arrest of the person alleged to have committed the crime, but not later than 48 hours after the person is charged with the crime by indictment or information, unless the person alleged to have committed the crime is a child who will be adjudicated in juvenile court and then not later than 48 hours after the petition is filed with the juvenile court alleging that the child is delinquent for committing such an act.

      2.  If the health authority is required to perform tests pursuant to subsection 1, it must test a specimen obtained from the arrested person [or detained minor] for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease, regardless of whether he or, if [a detained minor,] the person is a child, his parent or guardian consents to providing the specimen. The agency that has custody of the arrested person [or detained minor] shall obtain the specimen and submit it to the health authority for testing. The health authority shall perform the test in accordance with generally accepted medical practices.

      [2.  The]

      3.  In addition to the test performed pursuant to subsection 2, the health authority shall perform such follow-up tests for the human immunodeficiency virus as may be deemed medically appropriate.

      4.  As soon as practicable, the health authority shall disclose the results of all tests performed pursuant to subsection [1] 2 or 3 to:

      (a) The victim or to the victim’s parent or guardian if the victim is a [minor;] child; and

      (b) The arrested person and, if [a minor is detained,] the person is a child, to his parent or guardian.

      [3.] 5.  If the health authority determines, from the results of a test performed pursuant to subsection [1,] 2 or 3, that a victim of sexual assault may have been exposed to the human immunodeficiency virus or any commonly contracted sexually transmitted disease, it shall, at the request of the victim, provide him with:

      (a) An examination for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed;

 


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ê2007 Statutes of Nevada, Page 1279 (Chapter 318, AB 194)ê

 

      (b) Counseling regarding the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed; and

      (c) A referral for health care and other assistance,

Ê as appropriate.

      [4.] 6.  If the court in:

      (a) A criminal proceeding determines that a person has committed a crime; or

      (b) A proceeding conducted pursuant to title 5 of NRS determines that a [minor] child has committed an act which, if committed by [a person other than a minor,] an adult, would have constituted a crime,

Ê involving the sexual penetration of a victim’s body, the court shall, upon application by the health authority, order that [minor] child or other person to pay any expenses incurred in carrying out this section with regard to that [minor] child or other person and that victim.

      [5.] 7.  The Board shall adopt regulations identifying, for the purposes of this section, sexually transmitted diseases which are commonly contracted.

      [6.] 8.  As used in this section:

      (a) “Sexual assault” means a violation of NRS 200.366.

      (b) “Sexual penetration” has the meaning ascribed to it in NRS 200.364.

________

 

CHAPTER 319, AB 195

Assembly Bill No. 195–Committee on Commerce and Labor

 

CHAPTER 319

 

AN ACT relating to property; revising the provisions relating to the conversion of a common-interest community; establishing provisions relating to a tenant’s remedies under certain circumstances; requiring a landlord to provide copies of written rental agreements; revising the provisions relating to the required disclosure of the names and addresses of managers and owners; providing that a dwelling unit is not habitable if it violates certain provisions of housing or health codes; revising provisions relating to the enforceability of an adopted rule or regulation governing a rental agreement; making changes to the provisions relating to a tenant’s remedies under certain circumstances; making various other changes relating to residential landlords and tenants; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law sets forth certain requirements for notification of residential tenants and subtenants relating to the conversion of a common-interest community. (NRS 116.4112) Section 1 of this bill provides that if a majority of residential tenants or subtenants are required to vacate under certain circumstances, a rebuttable presumption is created that the owner intended to offer the vacated premises as units in a common-interest community.

 


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ê2007 Statutes of Nevada, Page 1280 (Chapter 319, AB 195)ê

 

      Existing law sets forth certain requirements relating to a written rental agreement. (NRS 118A.200) Section 2 of this bill requires a landlord to provide to the tenant one free copy of any written agreement entered into by the tenant and landlord. Section 2 also requires a landlord to provide additional copies of any such agreement upon request by the tenant within a reasonable time and for a reasonable fee.

      Existing law requires a landlord to disclose the name and address of managers and owners and provides that service of process in any action may be made upon the manager of the property. (118A.260) Section 3 of this bill requires a landlord to provide an address in Nevada for a person authorized to act for and on behalf of the landlord for service of process. Section 3 also allows service of process to be made upon certain persons in addition to the manager. Section 4 of this bill provides that a dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit. (NRS 118A.290)

      Existing law provides that rules and regulations adopted after a tenant enters into a rental agreement are enforceable against the tenant under certain circumstances. (NRS 118A.320) Section 5 of this bill provides that the adoption of such rules or regulations does not affect the tenant’s obligation to pay rent and other charges or the tenant’s right under a rental agreement to keep a pet.

      Existing law sets forth various remedies for a tenant when there is a breach of a rental agreement or a failure by the landlord to maintain the dwelling unit in a habitable condition and requires a tenant to give notice of such breach or failure to the landlord before the tenant may recover damages under certain circumstances. (NRS 118A.350, 118A.380) Sections 1.5 and 6 of this bill separate the provisions concerning a breach of a rental agreement from the provisions concerning a landlord’s failure to maintain a dwelling unit in a habitable condition and allow a tenant to withhold rent when there is a breach if he gives notice of such breach to the landlord. Sections 1.5 and 7 of this bill also allow a tenant to withhold rent without giving such notice if the landlord has received a notice of the condition constituting the breach or failure from a governmental agency and the landlord fails to remedy or attempt in good faith to remedy the breach or failure within a specified time. In addition, section 1.5 requires justice courts to establish a mechanism by which tenants may deposit withheld rent into an escrow account. Section 1.5 further provides that a tenant has no defense to an eviction proceeding for withholding rent while awaiting a landlord’s remedy or attempted remedy of a failure to maintain the dwelling unit in a habitable condition unless the tenant has deposited the withheld rent into the escrow account.

      Existing law provides that a tenant is guilty of an unlawful detainer if he suffers, permits or maintains on or about the premises any nuisance. (NRS 40.2514) Section 8 of this bill requires that such a nuisance must consist of conduct or an ongoing condition that obstructs the free use of property and causes injury and damage for the nuisance to evidence guilt of an unlawful detainer.

      Section 9 of this bill makes a technical correction to an internal reference to a statute.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 116.4112 is hereby amended to read as follows:

      116.4112  1.  A declarant of a common-interest community containing converted buildings, and any dealer who intends to offer units in such a common-interest community, shall give each of the residential tenants and any residential subtenant in possession of a portion of a converted building notice of the conversion and provide those persons with the public offering statement no later than 120 days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and must be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant.

 


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ê2007 Statutes of Nevada, Page 1281 (Chapter 319, AB 195)ê

 

rights of tenants and subtenants under this section and must be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than 120 days’ notice, except by reason of nonpayment of rent, waste or conduct that disturbs other tenants’ peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession. If, during the 6-month period before the recording of a declaration, a majority of the tenants or any subtenants in possession of any portion of the property described in such declaration has been required to vacate for reasons other than nonpayment of rent, waste or conduct that disturbs other tenants’ peaceful enjoyment of the premises, a rebuttable presumption is created that the owner of such property intended to offer the vacated premises as units in a common-interest community at all times during that 6-month period.

      2.  For 60 days after delivery or mailing of the notice described in subsection 1, the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. If a tenant fails to purchase the unit during that 60-day period, the offeror may not offer to dispose of an interest in that unit during the following 180 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant. This subsection does not apply to any unit in a converted building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.

      3.  If a seller, in violation of subsection 2, conveys a unit to a purchaser for value who has no knowledge of the violation, the recordation of the deed conveying the unit or, in a cooperative, the conveyance of the unit, extinguishes any right a tenant may have under subsection 2 to purchase that unit if the deed states that the seller has complied with subsection 2, but the conveyance does not affect the right of a tenant to recover damages from the seller for a violation of subsection 2.

      4.  If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with the provisions of NRS 40.251 and 40.280, the notice also constitutes a notice to vacate specified by those sections.

      5.  This section does not permit termination of a lease by a declarant in violation of its terms.

      Sec. 1.5.  Chapter 118A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this chapter, if a landlord fails to maintain a dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failures. If a failure is remediable and the landlord adequately remedies the failure or uses his best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under this section. If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within the prescribed time, the tenant may:

 


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ê2007 Statutes of Nevada, Page 1282 (Chapter 319, AB 195)ê

 

remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within the prescribed time, the tenant may:

      (a) Terminate the rental agreement immediately.

      (b) Recover actual damages.

      (c) Apply to the court for such relief as the court deems proper under the circumstances.

      (d) Withhold any rent that becomes due without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement until the landlord has remedied, or has attempted in good faith to remedy, the failure.

      2.  The tenant may not proceed under this section:

      (a) For a condition caused by his own deliberate or negligent act or omission or that of a member of his household or other person on the premises with his consent; or

      (b) If the landlord’s inability to adequately remedy the failure or use his best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or this chapter.

      3.  If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under this chapter.

      4.  A tenant may not proceed under this section unless he has given notice as required by subsection 1, except that the tenant may, without giving that notice:

      (a) Recover damages under paragraph (b) of subsection 1 if the landlord:

             (1) Admits to the court that he had knowledge of the condition constituting the failure to maintain the dwelling in a habitable condition; or

             (2) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.

      (b) Withhold rent under paragraph (d) of subsection 1 if the landlord:

             (1) Has received written notice of the condition constituting the failure to maintain the dwelling in a habitable condition from a governmental agency authorized to inspect for violations of building, housing or health codes; and

             (2) Fails to remedy or attempt in good faith to remedy the failure within the time prescribed in the written notice of that condition from the governmental agency.

      5.  Justice courts shall establish by local rule a mechanism by which tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account maintained or approved by the court. A tenant does not have a defense to an eviction under paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an escrow account pursuant to this subsection.

      Sec. 2.  NRS 118A.200 is hereby amended to read as follows:

      118A.200  1.  Any written agreement for the use and occupancy of a dwelling unit or premises must be signed by the landlord or his agent and the tenant or his agent.

      2.  The landlord shall provide one copy of any written agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time.

 


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ê2007 Statutes of Nevada, Page 1283 (Chapter 319, AB 195)ê

 

agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time. The landlord may charge a reasonable fee for providing the additional copies.

      3.  Any written rental agreement must contain, but is not limited to, provisions relating to the following subjects:

      (a) Duration of the agreement.

      (b) Amount of rent and the manner and time of its payment.

      (c) Occupancy by children or pets.

      (d) Services included with the dwelling rental.

      (e) Fees which are required and the purposes for which they are required.

      (f) Deposits which are required and the conditions for their refund.

      (g) Charges which may be required for late or partial payment of rent or for return of any dishonored check.

      (h) Inspection rights of the landlord.

      (i) A listing of persons or numbers of persons who are to occupy the dwelling.

      (j) Respective responsibilities of the landlord and the tenant as to the payment of utility charges.

      (k) A signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant.

      (l) A summary of the provisions of NRS 202.470.

      (m) Information regarding the procedure pursuant to which a tenant may report to the appropriate authorities:

             (1) A nuisance.

             (2) A violation of a building, safety or health code or regulation.

      (n) Information regarding the right of the tenant to engage in the display of the flag of the United States, as set forth in NRS 118A.325.

      [3.]  4.  The absence of a written agreement raises a disputable presumption that:

      (a) There are no restrictions on occupancy by children or pets.

      (b) Maintenance and waste removal services are provided without charge to the tenant.

      (c) No charges for partial or late payments of rent or for dishonored checks are paid by the tenant.

      (d) Other than normal wear, the premises will be returned in the same condition as when the tenancy began.

      [4.]  5.  It is unlawful for a landlord or any person authorized to enter into a rental agreement on his behalf to use any written agreement which does not conform to the provisions of this section, and any provision in an agreement which contravenes the provisions of this section is void.

      Sec. 3.  NRS 118A.260 is hereby amended to read as follows:

      118A.260  1.  The landlord, or any person authorized to enter into a rental agreement on his behalf, shall disclose to the tenant in writing at or before the commencement of the tenancy:

      (a) The name and address of:

             (1) The persons authorized to manage the premises;

             (2) A person within this State authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and demands; and

             (3) The principal or corporate owner.

 


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ê2007 Statutes of Nevada, Page 1284 (Chapter 319, AB 195)ê

 

      (b) A telephone number at which a responsible person who resides in the county or within 60 miles of where the premises are located may be called in case of emergency.

      2.  The information required to be furnished by this section must be kept current, and this section is enforceable against any successor landlord or manager of the premises.

      3.  A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an agent of the landlord for purposes of:

      (a) Service of process and receiving notices and demands; and

      (b) Performing the obligations of the landlord under law and under the rental agreement.

      4.  In any action against a landlord which involves his rental property, service of process upon the manager of the property or a person described in paragraph (a) of subsection 1 shall be deemed to be service upon the landlord. The obligations of the landlord devolve upon the persons authorized to enter into a rental agreement on his behalf.

      5.  This section does not limit or remove the liability of an undisclosed landlord.

      Sec. 4.  NRS 118A.290 is hereby amended to read as follows:

      118A.290  1.  The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:

      (a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.

      (b) Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.

      (c) A water supply approved under applicable law, which is:

             (1) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

             (2) Furnished to appropriate fixtures; and

             (3) Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.

      (d) Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order.

      (e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.

      (f) An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise.

      (g) Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.

      (h) Floors, walls, ceilings, stairways and railings maintained in good repair.

 


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ê2007 Statutes of Nevada, Page 1285 (Chapter 319, AB 195)ê

 

      (i) Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.

      2.  The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

      (a) The agreement of the parties is entered into in good faith; and

      (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises.

      3.  An agreement pursuant to subsection 2 is not entered into in good faith if the landlord has a duty under subsection 1 to perform the specified repairs, maintenance tasks or minor remodeling and the tenant enters into the agreement because the landlord or his agent has refused to perform them.

      Sec. 5.  NRS 118A.320 is hereby amended to read as follows:

      118A.320  1.  The landlord, from time to time, may adopt rules or regulations concerning the tenant’s use and occupancy of the premises. Such a rule or regulation is enforceable against the tenant only if:

      (a) Its purpose is to promote the convenience, safety or welfare of the landlord or tenants in the premises, preserve the landlord’s property from abusive use or make a fair distribution of services and facilities held out for the tenants generally;

      (b) It is reasonably related to the purpose for which it is adopted;

      (c) It applies to all tenants in the premises in a fair manner;

      (d) It is sufficiently explicit in its prohibition, direction or limitation of the tenant’s conduct fairly to inform the tenant of what must or must not be done to comply;

      (e) It is in good faith and not for the purpose of evading an obligation of the landlord; [and]

      (f) It does not affect the tenant’s obligation to pay rent, utilities or other charges;

      (g) It does not affect, before the end of the duration of the rental agreement, any right the tenant may have under the rental agreement to keep a pet; and

      (h) The tenant has notice of the rule or regulation at the time he enters into the rental agreement or after the rule or regulation is adopted by the landlord.

      2.  A rule or regulation adopted after the tenant enters into the rental agreement which works a material modification of the bargain is enforceable against a tenant:

      (a) Who expressly consents to [it] the rule or regulation in writing; or

      (b) Who has 30 days’ advance written notice of [it.] the rule or regulation.

      Sec. 6.  NRS 118A.350 is hereby amended to read as follows:

      118A.350  1.  Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement , [or fails to maintain the dwelling unit in a habitable condition as required by this chapter,] the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section. If the breach is remediable and the landlord adequately remedies the breach or uses his best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach.

 


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ê2007 Statutes of Nevada, Page 1286 (Chapter 319, AB 195)ê

 

does not terminate by reason of the breach. If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may:

      (a) Terminate the rental agreement immediately.

      (b) Recover actual damages.

      (c) Apply to the court for such relief as the court deems proper under the circumstances.

      2.  The tenant may not terminate the rental agreement for a condition caused by his own deliberate or negligent act or omission or that of a member of his household or other person on the premises with his consent.

      3.  If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under this chapter.

      4.  A tenant may not proceed under this section unless he has given notice as required by subsection 1, except that the tenant may, without giving that notice, recover damages under paragraph (b) of subsection 1 if the landlord:

      (a) Admits to the court that he had knowledge of the condition constituting the breach; or

      (b) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.

      Sec. 7.  NRS 118A.380 is hereby amended to read as follows:

      118A.380  1.  If the landlord is required by the rental agreement or this chapter to supply heat, air-conditioning, running water, hot water, electricity, gas, or another essential service and he willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant shall give written notice to the landlord specifying the breach. If the landlord does not adequately remedy the breach, or use his best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or legal holiday, after it is received by the landlord, the tenant may, in addition to any other remedy:

      (a) Procure reasonable amounts of such essential services during the landlord’s noncompliance and deduct their actual and reasonable cost from the rent;

      (b) Recover actual damages, including damages based upon the lack of use of the premises or the diminution of the fair rental value of the dwelling unit;

      (c) Withhold any rent that becomes due during the landlord’s noncompliance without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement, until the landlord has attempted in good faith to restore the essential services; or

      (d) Procure other housing which is comparable during the landlord’s noncompliance, and the rent for the original premises fully abates during this period. The tenant may recover the actual and reasonable cost of that other housing which is in excess of the amount of rent which is abated.

      2.  If the tenant proceeds under this section, he may not proceed under NRS 118A.350 and 118A.360 as to that breach.

      3.  The rights of the tenant under this section do not arise until he has given written notice as required by subsection 1, except that the tenant may, without having given that notice [, recover] :

      (a) Recover damages as authorized under paragraph (b) of subsection 1 if the landlord:

 


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ê2007 Statutes of Nevada, Page 1287 (Chapter 319, AB 195)ê

 

      [(a)] (1) Admits to the court that he had knowledge of the lack of such essential services; or

      [(b)] (2) Has received written notice of the uninhabitable condition caused by such a lack from a governmental agency authorized to inspect for violations of building, housing or health codes.

      (b) Withhold rent under paragraph (c) of subsection 1 if the landlord:

             (1) Has received written notice of the condition constituting the breach from a governmental agency authorized to inspect for violations of building, housing or health codes; and

             (2) Fails to remedy or attempt in good faith to remedy the breach within the time prescribed in the written notice of that condition from the governmental agency.

      4.  The rights of the tenant under paragraph (c) of subsection 1 do not arise unless the tenant is current in the payment of rent at the time of giving written notice pursuant to subsection 1.

      5.  If such a condition was caused by the deliberate or negligent act or omission of the tenant, a member of his household or other person on the premises with his consent, the tenant has no rights under this section.

      Sec. 8.  NRS 40.2514 is hereby amended to read as follows:

      40.2514  A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he:

      1.  Assigns or sublets the leased premises contrary to the covenants of the lease;

      2.  Commits or permits waste thereon;

      3.  Sets up or carries on therein or thereon any unlawful business;

      4.  Suffers, permits or maintains on or about the premises any nuisance [;] that consists of conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures; or

      5.  Violates any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, therein or thereon,

Ê and remains in possession after service upon him of 3 days’ notice to quit.

      Sec. 9.  NRS 40.280 is hereby amended to read as follows:

      40.280  1.  Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:

      (a) By delivering a copy to the tenant personally, in the presence of a witness;

      (b) If he is absent from his place of residence or from his usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at his place of residence or place of business; or

      (c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.

      2.  Service upon a subtenant may be made in the same manner as provided in subsection 1.

 


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ê2007 Statutes of Nevada, Page 1288 (Chapter 319, AB 195)ê

 

      3.  Before an order to remove a tenant is issued pursuant to subsection [6] 5 of NRS 40.253, a landlord shall file with the court a proof of service of any notice required by that section. Except as otherwise provided in subsection 4, this proof must consist of:

      (a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;

      (b) A certificate of mailing issued by the United States Postal Service; or

      (c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.

      4.  If service of the notice was not delivered in person to a tenant whose rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, proof of service must include:

      (a) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or his agent; or

      (b) The endorsement of a sheriff or constable stating the:

             (1) Time and date the request for service was made by the landlord or his agent;

             (2) Time, date and manner of the service; and

             (3) Fees paid for the service.

________

 

CHAPTER 320, SB 92

Senate Bill No. 92–Senators Lee, Hardy, Heck, Beers, Cegavske, Care, Coffin, McGinness and Woodhouse

 

Joint Sponsors: Assemblymen Anderson, Parks, Gansert, Allen, Mortenson, Beers, Bobzien, Christensen, Claborn, Denis, Goicoechea, Grady, Hardy, Koivisto, Manendo, Marvel, Ohrenschall, Settelmeyer and Stewart

 

CHAPTER 320

 

AN ACT relating to firearms; revising certain provisions pertaining to the regulation of firearms by local governments; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Assembly Bill No. 147 of the 1989 Legislative Session (Chapter 308, Statutes of Nevada 1989, p. 653) reserved for the Legislature the rights and powers necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in this State. However, section 5 of Assembly Bill No. 147 provided that the preemptive effect of the bill applied only to ordinances or regulations adopted by local governments on or after June 13, 1989. This bill requires the amendment of ordinances or regulations adopted by local governments before June 13, 1989, that require registration of a firearm capable of being concealed to impose: (1) a period of at least 60 days of residency in the jurisdiction before registration of such a firearm is required; and (2) a period of at least 72 hours for the registration of a pistol by a resident of the jurisdiction upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

 


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ê2007 Statutes of Nevada, Page 1289 (Chapter 320, SB 92)ê

 

      For the purposes of the amendatory provisions of this bill relating to the registration of firearms, and for the purposes of the authority of local governments to proscribe the unsafe discharge of firearms, this bill revises the definition of “firearm” to use the more narrow definition set forth in NRS 202.253, pursuant to which a firearm is a device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion. For the purposes of state preemption of the local regulation of firearms, this bill retains the broader definition of “firearm” already used in NRS 244.364, 268.418 and 269.222, pursuant to which a firearm is any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.364 is hereby amended to read as follows:

      244.364  1.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

      2.  A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.

      3.  If a board of county commissioners in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to require:

      (a) A period of at least 60 days of residency in the county before registration of such a firearm is required.

      (b) A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

      4.  [As] Except as otherwise provided in subsection 1, as used in this section [, “firearm”] :

      (a) “Firearm” means any device designed to be used as a weapon from which a projectile [is discharged by means of an explosive, spring, gas, air or other force.] may be expelled through the barrel by the force of any explosion or other form of combustion.

      (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

      (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

      Sec. 2.  NRS 268.418 is hereby amended to read as follows:

      268.418  1.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no city may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

 


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

ê2007 Statutes of Nevada, Page 1290 (Chapter 320, SB 92)ê

 

      2.  The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

      3.  If the governing body of a city in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

      (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.

      (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

      4.  [As] Except as otherwise provided in subsection 1, as used in this section [, “firearm”] :

      (a) “Firearm” means any device designed to be used as a weapon from which a projectile [is discharged by means of an explosive, spring, gas, air or other force.] may be expelled through the barrel by the force of any explosion or other form of combustion.

      (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

      (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

      Sec. 3.  NRS 269.222 is hereby amended to read as follows:

      269.222  1.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no town may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

      2.  A town board may proscribe by ordinance or regulation the unsafe discharge of firearms.

      3.  If a town board in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the town board shall amend such an ordinance or regulation to require:

      (a) A period of at least 60 days of residency in the town before registration of such a firearm is required.

      (b) A period of at least 72 hours for the registration of a pistol by a resident of the town upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

      4.  [As] Except as otherwise provided in subsection 1, as used in this section [, “firearm”] :

      (a) “Firearm” means any device designed to be used as a weapon from which a projectile [is discharged by means of an explosive, spring, gas, air or other force.] may be expelled through the barrel by the force of any explosion or other form of combustion.

      (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

      (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

 


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ê2007 Statutes of Nevada, Page 1291 (Chapter 320, SB 92)ê

 

      Sec. 4.  Section 5 of chapter 308, Statutes of Nevada 1989, at page 653, is hereby amended to read as follows:

       Sec. 5.  [The]

       1.  Except as otherwise provided in subsection 2, the provisions of this act apply [only] to ordinances or regulations adopted on or after [the effective date of this act.] June 13, 1989.

       2.  The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.

      Sec. 5.  A board of county commissioners, governing body of a city and town board in a county whose population is 400,000 or more shall amend any ordinance or regulation adopted by that body before June 13, 1989, that does not conform with the provisions of NRS 244.364, as amended by section 1 of this act, NRS 268.418, as amended by section 2 of this act or NRS 269.222, as amended by section 3 of this act, as applicable, by January 1, 2008. Any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.

________

 

CHAPTER 321, SB 101

Senate Bill No. 101–Senators Mathews and Washington

 

CHAPTER 321

 

AN ACT relating to the City of Sparks; authorizing the City Council to employ Special Counsel under certain circumstances; revising certain provisions governing the qualifications of members of the Civil Service Commission; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the City Council of the City of Sparks, by majority vote, after conducting a public hearing, to employ attorneys to perform any civil or criminal duty of the City Attorney. Section 1 further provides that those attorneys are responsible only to the City Council and that the City Attorney does not have any authority over the employment of an attorney hired by the City Council pursuant to this section of the bill.

      Section 2 of this bill amends the Sparks City Charter to prohibit a person from serving as a member of the Civil Service Commission if the person is: (1) an employee of the City of Sparks; (2) serving as an appointed member of any other board, commission or committee of the City; or (3) related within the third degree of consanguinity or affinity to a person who is an employee of the City of Sparks. (Sparks City Charter § 9.010) Section 3 of this bill exempts current members of the Civil Service Commission from these provisions until their current terms expire.

 


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

ê2007 Statutes of Nevada, Page 1292 (Chapter 321, SB 101)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto a new section to be designated as section 3.055, immediately following section 3.050, to read as follows:

       Sec. 3.055  Employment of Special Counsel.  The City Council may, by majority vote, after conducting a public hearing, employ attorneys to perform any civil or criminal duty of the City Attorney. Such attorneys are responsible only to the City Council, and the City Attorney shall have no responsibility or authority concerning the subject matter of such employment.

      Sec. 2.  Section 9.010 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page 791, is hereby amended to read as follows:

       Sec. 9.010  Civil Service Commission: Appointment; qualifications; removal; compensation.

       1.  There is a Civil Service Commission consisting of five residents of the City who must be appointed by the Mayor, subject to confirmation by the City Council. They shall serve terms as established by ordinance.

       2.  A person may not serve as a member of the Commission if he is:

       (a) An employee of the City;

       (b) A member of the City Council or an appointed member of any other board, commission or committee of the City; or

       (c) Related within the third degree of consanguinity or affinity to a person who is an employee of the City.

       3.  Every person appointed as a member of the Commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the Constitution of this State, and file it, certified by the officer administering it, with the Clerk of the City.

       [3.] 4.  Any member of the Commission may be removed by a majority vote of the Commission for cause, including the failure or refusal to perform the duties of the office, the absence from three successive regular meetings of the Commission, or ceasing to meet any qualification for appointment to the Commission as set forth in this section or provided by the City Council.

       [4.] 5.  Vacancies on the [Civil Service] Commission from whatever cause must be filled by appointment by the Mayor, subject to confirmation by the City Council.

       [5.] 6.  The City Council shall provide the services of such employees as are necessary to enable the [Civil Service] Commission to carry out its duties in a timely and proficient manner.

       [6.] 7.  The City Council shall provide by ordinance the amount of compensation each member of the [Civil Service] Commission is entitled to receive for each full meeting he attends.

      Sec. 3.  The amendatory provisions of section 2 of this act do not apply to the current term of a person who is a member of the Civil Service Commission on October 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 1293ê

 

CHAPTER 322, SB 203

Senate Bill No. 203–Senator Washington

 

CHAPTER 322

 

AN ACT relating to local financial administration; revising provisions concerning the proceeds of the fee authorized to be imposed in certain counties to pay for certain baseball stadium projects in certain circumstances; extending the dates for the reversion of certain money previously transferred and appropriated to the Interim Finance Committee to be allocated for Truckee River improvement related projects; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 (currently Washoe County) may impose a fee upon the rental of passenger vehicles and issue revenue bonds of the county to acquire, improve, equip, operate and maintain a minor league baseball stadium project to be used for the home games of a Double-A or Triple-A affiliate of a Major League Baseball team. (NRS 244A.0344, 244A.058, 244A.800, 244A.830) Section 9.5 of this bill requires such a board of county commissioners to determine whether certain criteria for the minor league baseball stadium project have been met by October 1, 2007, and make a finding if all the criteria have been met. If the criteria have not been met by October 1, 2007, sections 1-6 of this bill allow the proceeds of the applicable fees on the rental of passenger vehicles and related revenue bonds to be used to acquire, lease, improve, equip, operate and maintain any project that has been approved by the Legislature, if the Legislature is in session, or by the Interim Finance Committee, if the Legislature is not in session. Such a project may include the acquisition, lease, improvement, equipment, operation and maintenance of a baseball stadium that can be used for the home games of any professional baseball team, and for certain other purposes, regardless of whether the professional baseball team is affiliated with a Major League Baseball team.

      For the 2005-2007 biennium, $650,000 was transferred from the Fund for the Promotion of Tourism to the Interim Finance Committee for allocation to the Reno-Sparks Convention and Visitors Authority to carry out a maximum of four projects relating to the improvement of the Truckee River. (Section 5 of chapter 454, Statutes of Nevada 2005, p. 2088) For the same biennium, $600,000 was appropriated from the State General Fund to the Interim Finance Committee for allocation to the Reno-Sparks Convention and Visitors Authority for the same purpose. (Section 32 of chapter 7, Statutes of Nevada 2005, 22nd Special Session, p. 120) Sections 7 and 8 of this bill extend the dates by which the remaining balance of this money reverts to the applicable Funds by 2 years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board that has adopted an ordinance imposing a fee pursuant to NRS 244A.810 may, on behalf of the county and in its name:

      (a) Acquire, lease, improve, equip, operate and maintain within the county a project that has been approved by the Legislature, if the Legislature is in session, or the Interim Finance Committee, if the Legislature is not in session.

 


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

ê2007 Statutes of Nevada, Page 1294 (Chapter 322, SB 203)ê

 

      (b) Subject to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, lease, improve or equip, or any combination thereof, the project described in paragraph (a).

      2.  Bonds issued pursuant to this section must be payable from the proceeds of the fee imposed by the county pursuant to NRS 244A.810 and may be additionally secured by and payable from the gross or net revenues of the project as provided by the board in the ordinance authorizing the issuance of bonds or any instrument supplemental or appertaining thereto.

      Sec. 1.5.  NRS 244A.011 is hereby amended to read as follows:

      244A.011  NRS 244A.011 to 244A.065, inclusive, and section 1 of this act shall be known as the County Bond Law.

      Sec. 2.  (Deleted by amendment.)

      Sec. 2.5.  NRS 244A.0344 is hereby amended to read as follows:

      244A.0344  [“Minor league] “Professional baseball stadium project” means a baseball stadium which can be used for the home games of [an AA or AAA minor league] a professional baseball team and for other purposes, including structures, buildings and other improvements and equipment therefor, parking facilities, and all other appurtenances necessary, useful or desirable for a [minor league] professional baseball stadium, including, without limitation, all types of property therefor.

      Sec. 2.7.  NRS 244A.058 is hereby amended to read as follows:

      244A.058  1.  A board that has adopted an ordinance imposing a fee pursuant to NRS 244A.810 may, on behalf of the county and in its name:

      (a) Acquire, lease, improve, equip, operate and maintain within the county a minor league baseball stadium project.

      (b) Subject to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, lease, improve or equip, or any combination thereof, within the county a minor league baseball stadium project.

      2.  Bonds issued pursuant to this section must be payable from the proceeds of the fee imposed by the county pursuant to NRS 244A.810 and may be additionally secured by and payable from the gross or net revenues of the minor league baseball stadium project, including, without limitation, amounts received from any minor league baseball team pursuant to a contract with that team, fees, rates and charges for the use of the stadium by a minor league baseball team or any other uses of the stadium, and related uses, including, without limitation, parking and concessions, surcharges on tickets in an amount approved by the board, grants, whether conditional or unconditional, made for the payment of debt service or otherwise for the purposes of the minor league baseball stadium project, and any and all other sources of revenue attributable to the minor league baseball stadium project as provided by the board in the ordinance authorizing the issuance of bonds or any instrument supplemental or appertaining thereto.

      3.  The provisions of chapters 332, 338 and 339 of NRS do not apply to a contract entered into by a county and a private developer pursuant to which the private developer constructs a minor league baseball stadium project, except that the contract must include a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract.

      Sec. 3.  NRS 244A.058 is hereby amended to read as follows:

      244A.058  1.  A board [that has adopted an ordinance imposing a fee pursuant to NRS 244A.810] in a county whose population is 100,000 or more but less than 400,000 may, on behalf of the county and in its name:

 


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ê2007 Statutes of Nevada, Page 1295 (Chapter 322, SB 203)ê

 

      (a) Acquire, lease, improve, equip, operate and maintain within the county a [minor league] professional baseball stadium project.

      (b) Subject to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, lease, improve or equip, or any combination thereof, within the county a [minor league] professional baseball stadium project.

      2.  Bonds issued pursuant to this section must be [payable from the proceeds of the fee imposed by the county pursuant to NRS 244A.810 and may be additionally] secured by and payable from the gross or net revenues of the [minor league] professional baseball stadium project, including, without limitation, amounts received from any [minor league] professional baseball team pursuant to a contract with that team, fees, rates and charges for the use of the stadium by a [minor league] professional baseball team or any other uses of the stadium, and related uses, including, without limitation, parking and concessions, surcharges on tickets in an amount approved by the board, grants, whether conditional or unconditional, made for the payment of debt service or otherwise for the purposes of the [minor league] professional baseball stadium project, and any and all other sources of revenue attributable to the [minor league] professional baseball stadium project as provided by the board in the ordinance authorizing the issuance of bonds or any instrument supplemental or appertaining thereto.

      3.  The provisions of chapters 332, 338 and 339 of NRS do not apply to a contract entered into by a county and a private developer pursuant to which the private developer constructs a professional baseball stadium project, except that the contract must include a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract.

      Sec. 4.  NRS 244A.800 is hereby amended to read as follows:

      244A.800  As used in NRS 244A.800 to 244A.830, inclusive:

      1.  “Department” means the Department of Taxation.

      2.  [“Minor league] “Professional baseball stadium project” has the meaning ascribed to it in NRS 244A.0344.

      Sec. 4.5.  NRS 244A.810 is hereby amended to read as follows:

      244A.810  1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

      2.  The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

      (a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

      (b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

      3.  Any proceeds of a fee imposed pursuant to this section which are received by a county must be used solely to pay the costs to acquire, lease, improve, equip, operate and maintain within the county a minor league baseball stadium project, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof.

 


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ê2007 Statutes of Nevada, Page 1296 (Chapter 322, SB 203)ê

 

payments due with respect to bonds issued to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof.

      4.  The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

      5.  As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 244A.810 is hereby amended to read as follows:

      244A.810  1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

      2.  The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

      (a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

      (b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

      3.  Any proceeds of a fee imposed pursuant to this section which are received by a county must be used solely to pay the costs to acquire, lease, improve, equip, operate and maintain within the county a [minor league baseball stadium] project [,] that has been approved by the Legislature, if the Legislature is in session, or the Interim Finance Committee, if the Legislature is not in session, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof.

      4.  The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

      5.  As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 244A.830 is hereby amended to read as follows:

      244A.830  1.  A board of county commissioners that [adopts an ordinance imposing a fee pursuant to NRS 244A.810] acquires, leases, improves, equips, operates and maintains within the county a professional baseball stadium project [shall] may create a stadium authority to operate the [minor league] professional baseball stadium project.

 


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ê2007 Statutes of Nevada, Page 1297 (Chapter 322, SB 203)ê

 

      2.  If a stadium authority is created:

      (a) The stadium authority must consist of:

      [(a)] (1) One member of the board of county commissioners appointed by the board;

      [(b)] (2) One member from the governing body of each city in the county whose population is 60,000 or more, appointed by that governing body; and

      [(c)] (3) If the stadium authority enters into an agreement with [an AA or AAA minor league] a professional baseball team pursuant to which the team agrees to play its home games in the stadium, two persons appointed by the owner of the team.

      [2.] (b) The members of the stadium authority serve at the pleasure of the governmental entity or person who appointed them to serve in that capacity.

      [3.] (c) The stadium authority shall:

      [(a)] (1) Be responsible for the normal operations of the [minor league] professional baseball stadium project [; and

      (b)] or such operations as may be specified in the agreement entered into pursuant to subparagraph (2); and

             (2) Enter into an agreement with the board of county commissioners that sets forth the specific rights, obligations and duties of the stadium authority regarding those operations.

      Sec. 7.  Section 5 of chapter 454, Statutes of Nevada 2005, at page 2088, is hereby amended to read as follows:

       Sec. 5.  1.  The Commission on Tourism shall, as soon as practicable after July 1, 2005, and July 1, 2006, respectively, without depleting the funds necessary for day-to-day operations, transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Interim Finance Committee:

For the Fiscal Year 2005-2006........................................ $600,000

For the Fiscal Year 2006-2007.......................................... $50,000

       2.  The money transferred pursuant to subsection 1 shall be allocated to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan as adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for, design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality of the Truckee River. The money must be expended on the following projects but is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.

       3.  The Interim Finance Committee shall allocate the money transferred pursuant to subsection 1 upon notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.

 


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ê2007 Statutes of Nevada, Page 1298 (Chapter 322, SB 203)ê

 

       4.  Upon acceptance of the money allocated pursuant to subsection 2, the Reno-Sparks Convention and Visitors Authority shall prepare and transmit a report to the Interim Finance Committee on or before December 15, [2006,] 2008, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through December 1, [2006.] 2008.

       5.  The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine upon any local governing bodies relating to compliance with the provisions of subsections 3 and 4.

       6.  A public review and approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of any project that uses money allocated pursuant to this section. Project design, construction documents and funding processes related to any such project must be approved by each local governing body having jurisdiction over the project. Each such project must conform to the parameters of the Truckee River Flood Control Project and the Truckee River Operating Agreement.

       7.  Any remaining balance of the sums transferred pursuant to subsection 1 must not be committed for expenditure after June 30, [2007,] 2009, and must be reverted to the Fund for the Promotion of Tourism on or before September [21, 2007.] 18, 2009.

      Sec. 8.  Section 32 of chapter 7, Statutes of Nevada 2005, 22nd Special Session, at page 120, is hereby amended to read as follows:

       Sec. 32.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $600,000 for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan as adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for, design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality of the Truckee River. The money must be expended on the following projects but is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.

       2.  The Interim Finance Committee shall allocate the money appropriated pursuant to subsection 1 upon notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.

       3.  Upon acceptance of the money allocated pursuant to subsection 2, the Reno-Sparks Convention and Visitors Authority shall prepare and transmit a report to the Interim Finance Committee on or before December 15, [2006,] 2008, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through December 1, [2006.]

 


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ê2007 Statutes of Nevada, Page 1299 (Chapter 322, SB 203)ê

 

from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through December 1, [2006.] 2008.

       4.  The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine upon any local governing bodies relating to compliance with the provisions of subsections 2 and 3.

       5.  A public review and approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of any project that uses money allocated pursuant to this section. Project design, construction documents and funding processes related to any such project must be approved by each local governing body having jurisdiction over the project. Each such project must conform to the parameters of the Truckee River Flood Control Project and the Truckee River Operating Agreement.

       6.  Any remaining balance of the sums appropriated pursuant to subsection 1 must not be committed for expenditure after June 30, [2007,] 2009, and must be reverted to the State General Fund on or before September [21, 2007.] 18, 2009.

      Sec. 9.  (Deleted by amendment.)

      Sec. 9.5.  1.  The board of county commissioners of a county whose population is 100,000 or more but less than 400,000 shall determine whether the following criteria for the minor league baseball stadium project, as defined in NRS 244A.0344, have been met before October 1, 2007:

      (a) An agreement has been entered into with a minor league baseball team to play its home games at a baseball stadium that will be acquired, leased, improved, equipped, operated and maintained within the county;

      (b) If relocation of the minor league baseball team is required, approval for relocation of the team by the relevant league has been obtained;

      (c) The site for the minor league baseball stadium has been acquired or leased; and

      (d) Any approval required for the construction or improvement of the minor league baseball stadium has been obtained.

      2.  If the board determines pursuant to subsection 1 that all the criteria set forth in that subsection have been met, the board shall, as soon as practicable, make a finding indicating that all the criteria for the minor league baseball stadium project have been met. Such a finding is conclusive absent fraud or abuse of discretion.

      Sec. 10.  1.  This section and sections 7, 8 and 9.5 of this act become effective upon passage and approval.

      2.  Sections 2.7 and 4.5 of this act become effective upon passage and approval and expire by limitation on October 1, 2007, if the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 has not made a finding pursuant to section 9.5 of this act.

      3.  Sections 1, 1.5, 2.5, 3, 4, 5 and 6 of this act become effective on October 1, 2007, if the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 has not made a finding pursuant to section 9.5 of this act.

________

 


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ê2007 Statutes of Nevada, Page 1300ê

 

CHAPTER 323, SB 288

Senate Bill No. 288–Senator Townsend

 

CHAPTER 323

 

AN ACT relating to fire protection districts; requiring the board of directors of a fire protection district created by an election to cooperate with the State Forester Firewarden and certain other agencies to prevent and suppress fires in wild lands; authorizing such a board of directors to appoint a district fire chief; providing that the activities of a fire protection district created by an election are separate from county activities and any other political subdivision in this State; authorizing a board of fire commissioners to provide emergency medical services within a fire protection district; requiring title to all property acquired by a fire protection district organized by a board of county commissioners to vest in the district; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the organization of fire protection districts by an ordinance adopted by a board of county commissioners or by the approval of the voters of a proposed fire protection district. (Chapter 474 of NRS) Under existing law, a fire protection district approved by the voters may include contiguous territory from more than one county. (NRS 474.010) Section 9 of this bill provides that such a fire protection district may include incorporated territory within a consolidated municipality, provided that such territory is not included in any other fire protection district. Section 9 also removes the exclusion that had prohibited such a fire protection district from including timberland patrolled by the United States Forest Service. Sections 2-8 and 15-18 of this bill borrow various existing provisions that are applicable to a fire protection district organized by a board of county commissioners and make them applicable to a fire protection district approved by the voters. Section 8.5 of this bill clarifies that certain persons and entities may not operate an ambulance in an area for which an exclusive franchise for ambulance service has been granted. Sections 20, 21, 22 and 24 of this bill borrow various existing provisions that are applicable to a fire protection district approved by the voters and make them applicable to a fire protection district organized by a board of county commissioners. Section 25 of this bill restricts existing procedures for the reorganization of a fire protection district to apply only to a fire protection district organized by a board of county commissioners.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8.5, inclusive, of this act.

      Sec. 2.  1.  A county fire protection district organized pursuant to NRS 474.010 to 474.450, inclusive, and sections 2 to 5, inclusive, of this act, upon its formation:

      (a) Is a political subdivision of this State; and

      (b) Has perpetual existence unless dissolved as provided in this chapter.

      2.  Each such district may:

      (a) Sue and be sued, and be a party to suits, actions and proceedings;

 


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ê2007 Statutes of Nevada, Page 1301 (Chapter 323, SB 288)ê

 

      (b) Arbitrate claims; and

      (c) Contract and be contracted with.

      Sec. 3.  The board of directors of a county fire protection district shall cooperate with the State Forester Firewarden and other agencies as provided in NRS 472.040 to 472.090, inclusive, to prevent and suppress fires in wild lands, and may contribute suitable amounts of money from the sums raised as provided in NRS 474.200 for that purpose to cooperating agencies, or may receive contributions from other agencies to be spent for that purpose.

      Sec. 4.  1.  The board of directors of a county fire protection district may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the district and perform such other duties as may be designated by the board of directors. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other fire protection agencies.

      2.  In lieu of or in addition to the provisions of subsection 1, the board of directors may:

      (a) Provide fire protection to the county fire protection district by entering into agreements with other agencies as provided by NRS 277.180 and 472.060 to 472.090, inclusive, for the furnishing of such protection to the district; or

      (b) Support volunteer fire departments within the county fire protection district for the furnishing of such protection to the district.

      Sec. 5.  The activities of a county fire protection district are separate from county activities and any other political subdivision in this State.

      Sec. 6.  The board of fire commissioners of a district organized pursuant to NRS 474.460 may:

      1.  Provide emergency medical services within the district; and

      2.  Purchase, acquire by donation or otherwise, lease, operate and maintain ambulances if necessary, and may take out liability and other insurance therefor. The board of fire commissioners may employ trained personnel to operate those vehicles.

      Sec. 7.  All accounts, bills and demands against a district organized pursuant to NRS 474.460 must be audited, allowed and paid by the board of fire commissioners by warrants drawn on the county treasurer or the treasurer of the district. The county treasurer or, if authorized by the board of county commissioners and the board of fire commissioners, the treasurer of the district shall pay them in the order in which they are presented.

      Sec. 8.  The title to all property which may have been acquired for a district organized pursuant to NRS 474.460 must be vested in the district.

      Sec. 8.5.  Nothing in this chapter authorizes any person, firm, corporation, association, government, governmental agency or political subdivision of a government to operate an ambulance in any area for which an exclusive franchise for ambulance service has been granted:

      1.  By a county, city or town pursuant to NRS 244.187, 268.081 or 269.128, as applicable; or

      2.  By another person or governmental entity authorized to do so on behalf of the county, city or town.

 


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ê2007 Statutes of Nevada, Page 1302 (Chapter 323, SB 288)ê

 

      Sec. 9.  NRS 474.010 is hereby amended to read as follows:

      474.010  Contiguous unincorporated territory lying within one or more counties or incorporated territory lying within a consolidated municipality and not included in any other fire protection district [, and not including timberland patrolled by the United States Forest Service or in accordance with the rules and regulations of the United States Forest Service,] may be formed into a county fire protection district in the manner and under the proceedings set forth in NRS 474.010 to 474.450, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      Sec. 10.  NRS 474.020 is hereby amended to read as follows:

      474.020  1.  When 25 percent or more of the holders of title or evidence of title to lands lying in one body, whose names appear as such upon the last county assessment roll, [shall] present a petition to the board of county commissioners of the county in which the land or the greater portion thereof [lies,] is located, setting forth the exterior boundaries of the proposed district and asking that the district so described be formed into a county fire protection district under the provisions of NRS 474.010 to 474.450, inclusive, and sections 2 to 5, inclusive, of this act, the board of county commissioners shall pass a resolution declaring the board’s intention to form or organize such territory into a county fire protection district, naming the district and describing its exterior boundaries.

      2.  The resolution [shall:] must:

      (a) Fix a time and place for the hearing of the matter not less than 30 days after its adoption.

      (b) Direct the clerk of the board of county commissioners to publish the notice of intention of the board of county commissioners to form [such] the county fire protection district, and of the time and place fixed for the hearing, and [shall] must designate that publication [shall] must be in [some] a newspaper of general circulation published in the county and circulated in the proposed county fire protection district, or if there is no newspaper so published and circulated , then in [some] a newspaper of general circulation circulated in the proposed district.

      Sec. 11.  NRS 474.030 is hereby amended to read as follows:

      474.030  The notice [shall:] must:

      1.  Be headed “Notice of the proposed formation of fire protection district in ............................ County [(stating] ,” stating the name of the proposed district and the name of the county or, if there [be] is more than one [,] county, the name of the counties in which the proposed district is located . [). ”]

      2.  State the fact that the board of county commissioners [of the county] has fixed the time and place [(which shall be stated in the notice)] for a hearing on the matter of the formation of a county fire protection district [.] , and must set forth the time and place of that hearing.

      3.  Describe the territory or [shall] specify the exterior boundaries of the territory proposed to be organized into a fire protection district, which boundaries, so far as practicable, [shall] must be the centerlines of highways.

      4.  Be published once a week for 2 successive weeks [prior to] before the time fixed for the hearing in the newspaper designated by the board of county commissioners.

      Sec. 12.  NRS 474.080 is hereby amended to read as follows:

      474.080  1.  The board of county commissioners shall submit the question of whether the proposed district shall be organized pursuant to the provisions of NRS 474.010 to 474.450, inclusive, and sections 2 to 5, inclusive, of this act to the electors of the proposed district at the next primary or general election.

 


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ê2007 Statutes of Nevada, Page 1303 (Chapter 323, SB 288)ê

 

provisions of NRS 474.010 to 474.450, inclusive, and sections 2 to 5, inclusive, of this act to the electors of the proposed district at the next primary or general election.

      2.  The notice must:

      (a) Designate a name for the proposed district.

      (b) Describe the boundaries of the precincts established therein, [when] if more than one, together with a designation of the polling places and board of election for each precinct.

      (c) Be published once a week for at least 3 weeks [previous to] before the election in a newspaper published or circulated within the boundaries of the proposed district and published within the county or counties in which the [petition for the organization of the district was presented.] proposed district is located.

      (d) Require the electors to cast ballots, which must contain the words: “........................ County fire protection district—Yes,” or “........................ County fire protection district—No,” or words equivalent thereto, and also the names of one or more persons , [(] according to the division of the proposed district as prayed for in the petition and ordered by the board , [)] to be voted for to fill the office of director.

      Sec. 13.  NRS 474.110 is hereby amended to read as follows:

      474.110  1.  The election having been held, the board of county commissioners shall, on the first Monday succeeding [such] the election, if then in session, or at its next succeeding general or special session, proceed to canvass the votes cast [thereat.] at the election.

      2.  If upon such canvass it appears that a majority of all votes cast in the district , [(] and in each portion of the counties included in the district [in case] if lands in more than one county are included therein , [)] are in favor of the formation of the district, the board shall, by an order entered in its minutes, declare:

      (a) Such territory [duly] organized as a county fire protection district under the name theretofore designated; and

      (b) The persons receiving, respectively, the highest number of votes for the directors to be [duly] elected to [such] those offices.

      Sec. 14.  NRS 474.120 is hereby amended to read as follows:

      474.120  1.  The board of county commissioners shall then cause a copy of such order, [duly] certified by the clerk of the board , [of county commissioners,] to be immediately filed for record in the office of the county recorder of [any] each county in which any portion of the lands [embraced in such] included in the district are [situated,] located, and must also immediately forward a copy thereof to the clerk of the board of county commissioners of each [of such counties.

      2.  No] such county.

      2.  The board of county commissioners [of the county] shall [,] not, after the date of the organization of the district, allow another fire protection district to be formed [, including any portion of such lands,] within the district without the consent of the owners thereof.

      3.  From and after such filing, the organization of the district [shall be] is complete.

 


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ê2007 Statutes of Nevada, Page 1304 (Chapter 323, SB 288)ê

 

      Sec. 15.  NRS 474.160 is hereby amended to read as follows:

      474.160  The board of directors shall:

      1.  Manage and conduct the business and affairs of the district.

      2.  [Make] Adopt and enforce all rules and regulations necessary for the administration and government of the district and for the furnishing of fire protection thereto, which may include regulations relating to fire prevention. The regulations may include provisions that are designed to protect life and property from:

      (a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and

      (b) Hazardous conditions relating to the use or occupancy of any premises.

Ê Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning [such] those substances, materials or devices that is required by the Federal Government and has been adopted by [a] the board of county commissioners.

      3.  Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the district.

      4.  Make and execute in the name of the district all necessary contracts.

      5.  Adopt a seal for the district to be used in the attestation of proper documents.

      6.  Provide for the payment from the proper fund of the salaries of employees of the district and all the debts and just claims against the district.

      7.  Employ agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.

      8.  Acquire real or personal property necessary for the purposes of the district and dispose of that property when no longer needed.

      9.  Construct any necessary structures.

      10.  Acquire, hold and possess, either by donation or purchase, in the name and on behalf of the district any land or other property necessary for the purpose of the district.

      11.  Eliminate and remove fire hazards within the district [wherever] if practicable and possible, whether on private or public premises, and to that end the board may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

      12.  Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.010 to 474.450, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      Sec. 16.  NRS 474.180 is hereby amended to read as follows:

      474.180  The board of directors may [purchase,] :

      1.  Provide emergency medical services within the district; and

      2.  Purchase, acquire by donation or otherwise, lease, operate and maintain ambulances whenever necessary, and may take out liability and other insurance therefor. The board of directors may employ trained personnel to operate [these] those vehicles.

      Sec. 17.  NRS 474.190 is hereby amended to read as follows:

      474.190  1.  Subject to the provisions of subsection [2,] 3, the board of directors of each county fire protection district shall prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.

 


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ê2007 Statutes of Nevada, Page 1305 (Chapter 323, SB 288)ê

 

      2.  The budget must be based on estimates of the amount of money that will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.

      3.  The amount of money to be raised for the purpose of establishing, equipping and maintaining the district with fire-fighting facilities [shall] must not in any 1 year exceed 1 percent of the [assessable property within the district.

      3.  In determining the tax to be levied to raise the amount of money required by such budget within such limitation, the board of county commissioners shall prorate 80 percent of the amount of the tax upon the assessed value of improvements and personal property upon each parcel of land and 20 percent upon the assessed value of each parcel of land, if upon the formation of the district a provision for such procedure was included in the notice to create the district approved by the property owners, or if a petition requesting such procedure, signed by not less than a majority of the property owners within the district, is presented to the board prior to January 20.] assessed value of the property described in NRS 474.200 and any net proceeds of minerals derived from within the boundaries of the district.

      Sec. 18.  NRS 474.200 is hereby amended to read as follows:

      474.200  1.  At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax [certified] established pursuant to NRS 474.190 upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations as established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      2.  When levied, the tax must be entered upon the assessment rolls and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483, and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.

      3.  When the tax is collected it must be placed in the treasury of the county in which the greater portion of the county fire protection district is located, to the credit of the [current expense fund of the district, and may be used only for the purpose for which it was raised.] district. The treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district emergency fund. The money collected to defray the expenses of the district must be deposited in the district fire protection operating fund, and the money collected to meet unforeseen emergencies must be deposited in the district emergency fund. The district emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district emergency fund must not exceed the sum of $1,000,000. Any interest earned on the money in the district emergency fund that causes the balance in that fund to exceed $1,000,000 must be credited to the district fire protection operating fund.

      4.  For the purposes of subsection 3, an emergency includes, without limitation, any event that:

 


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ê2007 Statutes of Nevada, Page 1306 (Chapter 323, SB 288)ê

 

      (a) Causes widespread or severe damage to property or injury to or the death of persons within the district;

      (b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and

      (c) Requires the district to provide money to obtain a matching grant from a state agency or an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.

      Sec. 19.  NRS 474.300 is hereby amended to read as follows:

      474.300  1.  In any county fire protection district availing itself of the privileges of this section and NRS 474.220 and 474.310, the board of directors of [such] the district annually shall determine the tax necessary for the payment of interest and principal of such bonds.

      2.  The amount of the tax [shall] must be certified to the boards of county commissioners of the counties in which any portion of the district is located, and [such] the board of county commissioners shall, at the time of making the levy of county taxes for that year, levy the tax certified upon all the real property, together with the improvements thereon, in the district.

      3.  When levied, the tax [shall] must be entered on the assessment rolls and collected in the same manner as state and county taxes.

      4.  When the tax is collected it [shall] must be placed in the treasury of the county in which the greater portion of the district is located in a special fund for the payment of principal and interest of the bonds. Payments therefrom [shall] must be made according to the terms of the bonds.

      Sec. 20.  NRS 474.460 is hereby amended to read as follows:

      474.460  1.  All territory in each county or consolidated municipality not included in any other fire protection district, except incorporated areas [,] other than consolidated municipalities, may be organized by ordinance by the board of county commissioners of the county in which [such] that territory lies into as many fire protection districts as necessary to provide for the prevention and extinguishment of fires in the county, until such time as [such] that territory may be included in another fire protection district formed in accordance with the provisions of chapter 473 of NRS, or NRS 474.010 to 474.450, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      2.  Each such district [shall:

      (a) Be a body corporate and politic;

      (b) Be] :

      (a) Is a political subdivision of the State; and

      [(c) Have]

      (b) Has perpetual existence unless dissolved as provided in this chapter.

      3.  Each such district may:

      (a) [Have and use a corporate seal;

      (b)] Sue and be sued, and be a party to suits, actions and proceedings;

      [(c)] (b) Arbitrate claims; and

      [(d)] (c) Contract and be contracted with.

      4.  The board of county commissioners [of the county] organizing each such district [shall] is ex officio [be] the governing body of each such district. The governing body [shall] must be known as the board of fire commissioners.

      5.  The chairman of the board of county commissioners [shall] is ex officio [be] the chairman of each such district.

 


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ê2007 Statutes of Nevada, Page 1307 (Chapter 323, SB 288)ê

 

      6.  The county clerk [shall] is ex officio [be] the clerk of each such district.

      7.  [The] Unless the board of fire commissioners employs a treasurer, the county treasurer [shall] is ex officio [be] the treasurer of each such district.

      Sec. 21.  NRS 474.470 is hereby amended to read as follows:

      474.470  The board of fire commissioners shall:

      1.  Manage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460.

      2.  [Promulgate] Adopt and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection [.] thereto, which may include regulations relating to emergency medical services and fire prevention. The regulations may include provisions that are designed to protect life and property from:

      (a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and

      (b) Hazardous conditions relating to the use or occupancy of any premises.

Ê Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.

      3.  Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.

      4.  Provide for the payment of salaries to the personnel of [such] those fire companies or fire departments.

      5.  Provide for payment from the proper fund of all the debts and just claims against the districts.

      6.  Employ agents and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.

      7.  Acquire real or personal property necessary for the purposes of the districts and dispose of the [same when] property if no longer needed.

      8.  Construct any necessary structures.

      9.  Acquire, hold and possess, [either] by donation or purchase, any land or other property necessary for the purpose of the districts.

      10.  Eliminate and remove fire hazards from the districts [wherever] if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

      11.  Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive [.] , and sections 6, 7 and 8 of this act.

      Sec. 21.5.  NRS 474.480 is hereby amended to read as follows:

      474.480  1.  The board of fire commissioners shall plan for the prevention and extinguishment of fires in the territory of the county described by NRS 474.460, in cooperation with the State Forester Firewarden to coordinate the fire protection activities of the districts with the fire protection provided by the Division of Forestry of the State Department of Conservation and Natural Resources and by federal agencies, in order that the State Forester Firewarden may establish a statewide plan for the prevention and control of large fires, mutual aid among the districts, training of personnel, supply, finance and other purposes to promote fire protection on a statewide basis.

 


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ê2007 Statutes of Nevada, Page 1308 (Chapter 323, SB 288)ê

 

prevention and control of large fires, mutual aid among the districts, training of personnel, supply, finance and other purposes to promote fire protection on a statewide basis.

      2.  Through inspection , [and recommendation,] the State Forester Firewarden [shall standardize the] may recommend standardization of fire protection equipment and facilities of the districts to facilitate mutual aid among the districts.

      Sec. 22.  NRS 474.490 is hereby amended to read as follows:

      474.490  The board of fire commissioners shall cooperate with the State Forester Firewarden and other agencies as provided in NRS 472.040 to 472.090, inclusive, to prevent and suppress fires in wild lands, and may contribute suitable amounts of money from the sums raised as provided in NRS 474.510 for [such] that purpose to cooperating agencies, or may receive contributions from other agencies to be spent for [such] that purpose.

      Sec. 23.  NRS 474.500 is hereby amended to read as follows:

      474.500  1.  The board of fire commissioners may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the territory of the county described by NRS 474.460 and perform such other duties as may be designated by the board of fire commissioners and the State Forester Firewarden. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other existing fire protection agencies and with the State Forester Firewarden for the standardization of equipment and facilities.

      2.  In lieu of or in addition to the provisions of subsection 1, the board of fire commissioners may:

      (a) Provide the fire protection required by NRS 474.460 to 474.540, inclusive, and sections 6, 7 and 8 of this act to the districts by entering into agreements with other agencies as provided by NRS 472.060 to 472.090, inclusive, and 277.180, for the furnishing of such protection to the districts; or

      (b) Support volunteer fire departments within districts organized under the provisions of NRS 474.460 to 474.540, inclusive, and sections 6, 7 and 8 of this act for the furnishing of such protection to the districts.

      Sec. 24.  NRS 474.510 is hereby amended to read as follows:

      474.510  1.  The board of fire commissioners shall prepare [a] an annual budget in accordance with the provisions of NRS 354.470 to 354.626, inclusive, for each district organized in accordance with NRS 474.460 . [, estimating]

      2.  Each budget must be based on estimates of the amount of money which will be needed to defray the expenses of the district and to meet unforeseen [fire emergencies, and to determine] emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.

      [2.] 3.  At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 1, upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

 


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ê2007 Statutes of Nevada, Page 1309 (Chapter 323, SB 288)ê

 

section must be based upon valuations established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      [3.] 4.  The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection [2] 3 and any net proceeds of minerals derived from within the boundaries of the district.

      [4.] 5.  If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483 , and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.

      [5.] 6.  For the purposes of NRS 474.460 to 474.550, inclusive, and sections 6, 7 and 8 of this act, the [county] treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district [fire] emergency fund. The [sums] money collected to defray the expenses of any district organized pursuant to NRS 474.460 must be deposited in the district fire protection operating fund, and the [sums] money collected to meet unforeseen emergencies must be deposited in the district [fire] emergency fund. The district [fire] emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district [fire] emergency fund must not exceed the sum of $1,000,000. Any interest earned on the money in the district [fire] emergency fund that causes the balance in that fund to exceed $1,000,000 must be credited to the district fire protection operating fund.

      7.  For the purposes of subsection 6, an emergency includes, without limitation, any event that:

      (a) Causes widespread or severe damage to property or injury to or the death of persons within the district;

      (b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and

      (c) Requires the district to provide money to obtain a matching grant from an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.

      Sec. 25.  NRS 474.560 is hereby amended to read as follows:

      474.560  1.  A fire protection district organized pursuant to [this chapter] NRS 474.460 may reorganize as a district created wholly or in part for the purpose of furnishing fire protection facilities pursuant to chapter 318 of NRS.

      2.  [Such] The reorganization may be initiated by:

      (a) A petition signed by a majority of the owners of property located within the district; or

      (b) A resolution of the board of county commissioners of the county in which the district is located.

      3.  If the board of county commissioners determines, after notice and hearing, that [such] the reorganization is feasible and in the best interests of the county and the district, the board of county commissioners shall adopt an ordinance reorganizing the district pursuant to chapter 318 of NRS.

 


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ê2007 Statutes of Nevada, Page 1310 (Chapter 323, SB 288)ê

 

      4.  All debts, obligations, liabilities and assets of the former district [shall] must be assumed or taken over by the reorganized district.

      Sec. 26.  (Deleted by amendment.)

      Sec. 27.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 324, AB 600

Assembly Bill No. 600–Committee on Government Affairs

 

CHAPTER 324

 

AN ACT relating to privacy; revising provisions concerning the protection of certain personal identifying information; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, documents submitted to governmental agencies must not include the social security number of a person except in certain circumstances. (NRS 239B.030) Existing law also prohibits public bodies from disclosing on their websites personal information about a person, except in certain circumstances. Personal information is defined to mean the person’s name in combination with his social security number, driver’s license number or certain other account numbers. (NRS 239B.050, 603A.040) Sections 2 and 3 of this bill make consistent the information that is protected from disclosure by public entities on documents submitted to the entity or on the entity’s website. Section 2 also authorizes a person to request a governmental agency to redact or maintain in a confidential manner his personal information in documents submitted to the governmental agency before January 1, 2007, and prescribes the requirements for such a request. Section 8 of this bill provides that the last 4 digits of a social security number are not personal information for the purposes of these provisions.

      Section 1 of this bill provides certain immunity to officers, employees and members of a governmental agency or public body relating to the disclosure of personal information pursuant to section 2 or 3 of this bill.

      Section 4 of this bill authorizes the use of the last four digits of a social security number in judgments, and sections 5 and 7 of this bill remove the requirement of the inclusion of a social security number on certificates of marriage and forms for the reporting of divorces and annulments. (NRS 122.160, 440.135) Section 6 of this bill authorizes the county recorder to allow the inspection and copying of certain records by family members, guardians and personal representatives. (NRS 247.090)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 239B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An officer, employee or member of a governmental agency or public body is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in carrying out the provisions of NRS 239B.030 or 239B.050.

      2.  As used in this section:

 


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ê2007 Statutes of Nevada, Page 1311 (Chapter 324, AB 600)ê

 

      (a) “Governmental agency” means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government.

      (b) “Public body” has the meaning ascribed to it in NRS 205.462.

      Sec. 2.  NRS 239B.030 is hereby amended to read as follows:

      239B.030  1.  Except as otherwise provided in [subsection] subsections 2 [,] and 6, a person shall not include and a governmental agency shall not require a person to include [the social security number of] any personal information about a person on any document that is recorded, filed or otherwise submitted to the governmental agency on or after January 1, 2007.

      2.  If [the social security number of] personal information about a person is required to be included in a document that is recorded, filed or otherwise submitted to a governmental agency on or after January 1, 2007, pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant, a governmental agency shall ensure that the [social security number] personal information is maintained in a confidential manner and may only disclose the [social security number] personal information as required:

      (a) To carry out a specific state or federal law; or

      (b) For the administration of a public program or an application for a federal or state grant.

Ê Any action taken by a governmental agency pursuant to this subsection must not be construed as affecting the legality of the document.

      3.  A governmental agency shall take necessary measures to ensure that notice of the provisions of this section is provided to persons with whom it conducts business. Such notice may include, without limitation, posting notice in a conspicuous place in each of its offices.

      4.  A governmental agency may require a person who records, files or otherwise submits any document to the governmental agency to provide an affirmation that the document does not contain [the social security number of] personal information about any person [.] or, if the document contains any such personal information, identification of the specific law, public program or grant that requires the inclusion of the personal information. A governmental agency may refuse to record, file or otherwise accept a document which does not contain such an affirmation when required [and] or any document which contains [the social security number of] personal information about a person [.] that is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant.

      5.  On or before January 1, 2017, each governmental agency shall ensure that any [social security number] personal information contained in a document that has been recorded, filed or otherwise submitted to the governmental agency before January 1, 2007, which the governmental agency continues to hold is [maintained] :

      (a) Maintained in a confidential manner if the personal information is required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant; or [is obliterated]

      (b) Obliterated or otherwise removed from the document [.] , by any method, including, without limitation, through the use of computer software, if the personal information is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant.

 


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ê2007 Statutes of Nevada, Page 1312 (Chapter 324, AB 600)ê

 

document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant.

Ê Any action taken by a governmental agency pursuant to this subsection must not be construed as affecting the legality of the document.

      6.  A person may request that a governmental agency obliterate or otherwise remove from any document submitted by the person to the governmental agency before January 1, 2007, any personal information about the person contained in the document that is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant or, if the personal information is so required to be included in the document, the person may request that the governmental agency maintain the personal information in a confidential manner. If any documents that have been recorded, filed or otherwise submitted to a governmental agency:

      (a) Are maintained in an electronic format that allows the governmental agency to retrieve components of personal information through the use of computer software, a request pursuant to this subsection must identify the components of personal information to be retrieved. The provisions of this paragraph do not require a governmental agency to purchase computer software to perform the service requested pursuant to this subsection.

      (b) Are not maintained in an electronic format or not maintained in an electronic format in the manner described in paragraph (a), a request pursuant to this subsection must describe the document with sufficient specificity to enable the governmental agency to identify the document.

Ê The governmental agency shall not charge any fee to perform the service requested pursuant to this subsection.

      7.  As used in this section [, “governmental] :

      (a) “Governmental agency” means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government.

      (b) “Personal information” has the meaning ascribed to it in NRS 603A.040.

      Sec. 3.  NRS 239B.050 is hereby amended to read as follows:

      239B.050  1.  If a public body maintains a website on the Internet, the public body shall not disclose on that website personal information unless the disclosure is required by a federal or state [statute or regulation.] law or for the administration of a public program or an application for a federal or state grant.

      2.  If it appears that a public body has engaged in or is about to engage in any act or practice which violates subsection 1, the Attorney General or the appropriate district attorney may file an action in any court of competent jurisdiction for an injunction to prevent the occurrence or continuance of that act or practice.

      3.  An injunction:

      (a) May be issued without proof of actual damage sustained by any person.

      (b) Does not preclude the criminal prosecution and punishment of an act or practice that may otherwise be prohibited by law.

 


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ê2007 Statutes of Nevada, Page 1313 (Chapter 324, AB 600)ê

 

      4.  As used in this section:

      (a) “Personal information” has the meaning ascribed to it in NRS 603A.040.

      (b) “Public body” has the meaning ascribed to it in NRS 205.462.

      Sec. 4.  NRS 17.150 is hereby amended to read as follows:

      17.150  1.  Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, noting thereon the hour and minutes of the day of such entries.

      2.  A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by him at the time, or which he may afterward acquire, until the lien expires. The lien continues for 6 years after the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:

      (a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;

      (b) The judgment is for arrearages in the payment of child support, in which case the lien continues until the judgment is satisfied;

      (c) The judgment is satisfied; or

      (d) The lien is otherwise discharged.

Ê The time during which the execution of the judgment is suspended by appeal, action of the court or defendant must not be counted in computing the time of expiration.

      3.  The abstract described in subsection 2 must contain the:

      (a) Title of the court and the title and number of the action;

      (b) Date of entry of the judgment or decree;

      (c) Names of the judgment debtor and judgment creditor;

      (d) Amount of the judgment or decree; and

      (e) Location where the judgment or decree is entered in the minutes or judgment docket.

      4.  A judgment creditor who records a judgment or decree shall record at that time an affidavit stating:

      (a) The name and address of the judgment debtor;

      (b) The judgment debtor’s driver’s license number and state of issuance or the last four digits of the judgment debtor’s social security number; and

      (c) The judgment debtor’s date of birth,

Ê if known to the judgment creditor. If any of the information is not known, the affidavit must include a statement of that fact.

      Sec. 5.  NRS 122.160 is hereby amended to read as follows:

      122.160  1.  Marriages between Indians performed in accordance with tribal customs within closed Indian reservations and Indian colonies have the same validity as marriages performed in any other manner provided for by the laws of this State, if there is recorded in the county in which the marriage takes place, within 30 days after the performance of the tribal marriage, a certificate declaring the marriage to have been performed.

 


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ê2007 Statutes of Nevada, Page 1314 (Chapter 324, AB 600)ê

 

takes place, within 30 days after the performance of the tribal marriage, a certificate declaring the marriage to have been performed.

      2.  The certificate of declaration required to be recorded by subsection 1 must include the names of the persons married, their ages, [social security numbers,] tribe, and place and date of marriage. The certificate must be signed by an official of the tribe, reservation or colony.

      3.  The certificate must be recorded with the recorder of the county in which the marriage was performed and recorded by him without charge.

      Sec. 6.  NRS 247.090 is hereby amended to read as follows:

      247.090  [All]

      1.  Except as otherwise provided in subsection 2 and NRS 239B.030, all documents on file in the office of the county recorder, must, during office hours, be open for inspection by any person without charge. The county recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection.

      2.  A county recorder may allow inspection and copying of records containing personal information about a deceased or incapacitated person by a spouse, widow or widower, parent, sibling, child, guardian or personal representative of the person. As used in this subsection, “personal information” has the meaning ascribed to in NRS 603A.040.

      Sec. 7.  NRS 440.135 is hereby amended to read as follows:

      440.135  1.  The Board shall prescribe, and the State Registrar shall furnish in sufficient numbers to each county clerk for distribution, a form for the reporting of divorces and annulments of marriage.

      2.  The information required by such form must be limited to:

      (a) The names [and social security numbers] of the parties;

      (b) The court and county in which the decree is granted; and

      (c) The date of the decree.

      Sec. 8.  NRS 603A.040 is hereby amended to read as follows:

      603A.040  “Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:

      1.  Social security number.

      2.  Driver’s license number or identification card number.

      3.  Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account.

Ê The term does not include the last four digits of a social security number or publicly available information that is lawfully made available to the general public.

      Sec. 9.  1.  This section, section 1 and sections 3 to 8, inclusive, of this act become effective upon passage and approval.

      2.  Section 2 of this act becomes effective on January 1, 2008.

________

 

 

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