Link to Page 1986

 

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ê2007 Statutes of Nevada, Page 1987 (Chapter 425, SB 324)ê

 

      Sec. 2.  NRS 590.071 is hereby amended to read as follows:

      590.071  1.  The State Board of Agriculture shall:

      (a) Enforce the [standards relating to] specifications for motor vehicle fuel [and petroleum products] adopted by regulation pursuant to NRS 590.070.

      (b) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070. The maximum fine that may be imposed by the Board for each violation must not exceed $5,000 per day. All fines collected by the Board pursuant to the regulations adopted pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      2.  The State Board of Agriculture may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070.

      Sec. 3.  This act becomes effective upon passage and approval for the purpose of adopting regulations, and on October 1, 2007, for all other purposes.

________

 

CHAPTER 426, SB 535

Senate Bill No. 535–Committee on Human Resources and Education

 

CHAPTER 426

 

AN ACT relating to education; revising provisions relating to alternative programs for pupils at risk of dropping out of school, programs of distance education and independent study and certain other educational programs; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the boards of trustees of school districts to operate an alternative program for the education of pupils at risk of dropping out of high school, subject to the approval of the State Board of Education. (NRS 388.537) Section 4 of this bill authorizes school districts to operate an alternative program for all grade levels of pupils who are at risk of dropping out of school, subject to the approval of the Superintendent of Public Instruction.

      Existing law provides that if a pupil enrolls in a program of distance education, the board of trustees of the school district in which the pupil resides or the governing body of the charter school in which the pupil attends school must enter into an agreement with the provider of the distance education. (NRS 388.854, 388.858) If an agreement is not filed with the Superintendent of Public Instruction for a pupil, the provider of the distance education is not eligible to receive the state apportionment of money for that pupil. (NRS 387.123, 387.124) Sections 8 and 9 of this bill revise the contents of the agreement and eliminate the requirement that the agreement be filed with the Superintendent. Sections 2 and 3 of this bill eliminate the restriction on the eligibility of a provider of the distance education to receive payment for a pupil if an agreement is not filed with the Superintendent.

 


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ê2007 Statutes of Nevada, Page 1988 (Chapter 426, SB 535)ê

 

      Existing law provides that a pupil may enroll in a program of independent study if the school district in which the pupil is enrolled offers the program and if the pupil is enrolled in high school or is suspended or expelled from a public school. (NRS 389.155) Section 11 of this bill expands the eligibility for independent study to include all pupils who are enrolled in public schools, pupils who are enrolled in an alternative program and pupils who are enrolled in a program designed to meet the requirements for an adult standard diploma.

      Existing law provides that if a pupil enrolled in high school successfully completes a college course, the pupil must be granted credit toward graduation from high school. (NRS 389.160) Section 12 of this bill provides that if a pupil enrolled in a program designed to meet the requirements for an adult standard diploma successfully completes a college course, the pupil must be granted credit towards that diploma.

      Section 15 of this bill eliminates the requirement that a provider of a program of distance education submit to the Department of Education and the Legislative Bureau of Educational Accountability and Program Evaluation an annual report of the program. (NRS 388.870)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.3612 is hereby amended to read as follows:

      385.3612  1.  The State Board shall adopt regulations that prescribe, consistent with 20 U.S.C. §§ 6301 et seq. and the regulations adopted pursuant thereto, the manner in which pupils enrolled in:

      (a) A program of distance education pursuant to NRS 388.820 to 388.874, inclusive;

      (b) An alternative program for the education of pupils at risk of dropping out of [high school;] school pursuant to NRS 388.537; or

      (c) A program of education that:

             (1) Primarily serves pupils with disabilities; or

             (2) Is operated within a:

                   (I) Local, regional or state facility for the detention of children;

                   (II) Juvenile forestry camp;

                   (III) Child welfare agency; or

                   (IV) Correctional institution,

Ê will be included within the statewide system of accountability set forth in NRS 385.3455 to 385.391, inclusive.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

      (a) The progress of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 will be accounted for within the statewide system of accountability; and

      (b) The results of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 on the examinations administered pursuant to NRS 389.015 and 389.550 will be reported.

      Sec. 2.  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, for:

 


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ê2007 Statutes of Nevada, Page 1989 (Chapter 426, SB 535)ê

 

      (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] provided pursuant to NRS [388.854 or 388.858, as applicable.] 388.820 to 388.874, inclusive.

      (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.

      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.

 


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ê2007 Statutes of Nevada, Page 1990 (Chapter 426, SB 535)ê

 

      4.  The provisions of subsection 3 do not apply to a charter school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 3.  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 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. 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 1991 (Chapter 426, SB 535)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 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.  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. 4.  NRS 388.537 is hereby amended to read as follows:

      388.537  1.  The board of trustees of a school district may, subject to the approval of the [State Board,] Superintendent of Public Instruction, operate an alternative program for the education of pupils at risk of dropping out of [high] school, including pupils who [:

      (a) Because of extenuating circumstances, such as their being pregnant, parents, chronically ill or self-supporting, are not able to attend the classes of instruction regularly provided in high school;

      (b) Are deficient in the amount of academic credit necessary to graduate with pupils their same age;

      (c) Are chronically absent from high school; or

      (d) Require instruction on a more personal basis than that regularly provided in high school.] are enrolled in kindergarten or grades 1 to 12, inclusive.

      2.  The board of trustees of a school district may submit to the Department, in the form prescribed by the Department, a plan to operate an alternative program.

      3.  The Superintendent of Public Instruction shall review each plan to operate an alternative program submitted to the Department and approve or deny the plan. Approval by the Superintendent constitutes approval of each component of the plan for the alternative program.

      4.  If a plan for an alternative program is denied by the Superintendent of Public Instruction, the board of trustees of a school district may appeal the decision of the Superintendent to the State Board. The State Board may approve or deny the plan for the alternative program upon appeal.

 


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ê2007 Statutes of Nevada, Page 1992 (Chapter 426, SB 535)ê

 

      5.  An alternative program may include:

      (a) A shorter school day [, and] or an opportunity for pupils to attend a longer school day [,] than that regularly provided in [high school.] the school district. The alternative program must provide for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days.

      (b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.

      (c) A comprehensive curriculum that includes elective classes of instruction and career and technical education.

      (d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.

      (e) An opportunity for pupils to satisfy either:

             (1) The requirements for a regular high school diploma; or

             (2) The requirements for [a high school diploma for adults.] an adult standard diploma.

      (f) The provision of child care for the children of pupils.

      (g) The transportation of pupils to and from classes of instruction.

      (h) The [temporary] placement of pupils for independent study [, if there are extenuating circumstances which prevent those pupils from attending the alternative program on a daily basis.

      3.] pursuant to NRS 389.155, if the board of trustees of the school district determines that the pupil would benefit from such placement.

      6.  The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 5.  NRS 388.826 is hereby amended to read as follows:

      388.826  “Distance education” means instruction which is delivered by means of video, computer, television, [correspondence,] or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

      Sec. 6.  NRS 388.829 is hereby amended to read as follows:

      388.829  “Program of distance education” means a program comprised of one or more courses of distance education that is designed for pupils who [:

      1.  Are participating in a program for pupils who are at risk of dropping out of high school pursuant to NRS 388.537.

      2.  Are participating in a program of independent study pursuant to NRS 389.155.

      3.  Are enrolled in a public school that does not offer advanced or specialized courses.

      4.  Have a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050.

      5.  Would otherwise be excused from compulsory attendance pursuant to NRS 392.080.

      6.  Are otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675.

 


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ê2007 Statutes of Nevada, Page 1993 (Chapter 426, SB 535)ê

 

      7.  Are otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that special circumstances warrant enrollment for the pupil.

      8.  Are otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that special circumstances warrant enrollment for the pupil.] meet the criteria for enrollment in a program of distance education prescribed in NRS 388.850.

      Sec. 7.  NRS 388.850 is hereby amended to read as follows:

      388.850  1.  A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:

      (a) Is participating in a program for pupils at risk of dropping out of [high] school pursuant to NRS 388.537;

      (b) Is participating in a program of independent study pursuant to NRS 389.155;

      (c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;

      (d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

      (e) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;

      (f) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

      (g) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the [circumstances warrant enrollment for the pupil;] pupil will benefit from the program; or

      (h) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the [circumstances warrant enrollment for the pupil.] pupil will benefit from the program.

      2.  In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the State Board pursuant to NRS 388.874.

      3.  A child who is exempt from compulsory attendance and receiving equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1.

      4.  If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to [62F.140,] 62F.150, inclusive, and 392.251 to 392.271, inclusive.

      5.  If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he otherwise attends.

      Sec. 8.  NRS 388.854 is hereby amended to read as follows:

      388.854  1.  Except as otherwise provided in this subsection, before a pupil may enroll full time or part time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides.

 


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ê2007 Statutes of Nevada, Page 1994 (Chapter 426, SB 535)ê

 

that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

      2.  If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. [The written agreement must:

      (a) Contain a statement prepared by the board of trustees of the school district in which the pupil resides indicating that the board of trustees understands that the Superintendent of Public Instruction will make appropriate adjustments in the apportionments to the school district pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

      (b) If the pupil plans to enroll part time in the program of distance education, contain a statement prepared by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be 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;

      (c) Be signed by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education; and

      (d) Include any other information required by the State Board by regulation.

      3.  On or before the last day of the first school month of each school year or March 1 of each school year, as applicable for the semester of enrollment, a written agreement must be filed with the Superintendent of Public Instruction for each pupil who is enrolled full time in a program of distance education provided by a school district other than the school district in which the pupil resides. On or before the last day of the first school month of each school year or March 1 of each school year, as applicable for the semester of enrollment, a written agreement must be filed with the Superintendent of Public Instruction for each pupil who is enrolled in a public school of the school district and who is enrolled part time in a program of distance education provided by a charter school. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by this section, 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.]

 


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ê2007 Statutes of Nevada, Page 1995 (Chapter 426, SB 535)ê

 

      Sec. 9.  NRS 388.858 is hereby amended to read as follows:

      388.858  1.  If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education.

      2.  Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.

      3.  If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. [The written agreement must:

      (a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the Superintendent of Public Instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

      (b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be 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;

      (c) Be signed by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and

      (d) Include any other information required by the State Board by regulation.

      4.  On or before the last day of the first school month of each school year or March 1 of each school year, as applicable for the semester of enrollment, a written agreement must be filed with the Superintendent of Public Instruction for each pupil who is enrolled in a charter school and who is enrolled part time in a program of distance education provided by a school district or another charter school. If an agreement is not filed for such a pupil, the Superintendent of Public Instruction shall not apportion money for that pupil to the governing body of the charter school in which the pupil is enrolled, or the board of trustees or governing body that provides the program of distance education.]

      Sec. 10.  NRS 388.866 is hereby amended to read as follows:

      388.866  1.  The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that [, for] :

      (a) For each course offered through the program, a teacher:

      [(a)] (1) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course; [and]

      [(b)] (2) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress [.] ; and

 


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ê2007 Statutes of Nevada, Page 1996 (Chapter 426, SB 535)ê

 

             (3) Enters into a written agreement with the pupil and his parent or legal guardian outlining the objectives of the course, the timeline for completion of the course and the method by which the progress of the pupil will be assessed; or

      (b) The program satisfies the requirements of a plan to operate an alternative program of education submitted by the school district and approved pursuant to NRS 388.537.

      2.  If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a:

      (a) Licensed teacher; or

      (b) Teacher, instructor or professor who provides instruction at a community college or university. Such a teacher, instructor or professor may only be assigned to a course of distance education in the subject area for which he provides instruction at a community college or university.

      Sec. 11.  NRS 389.155 is hereby amended to read as follows:

      389.155  1.  The State Board shall, by regulation, establish a program pursuant to which a pupil [enrolled full] :

      (a) Enrolled full time in [high school or a pupil who] public school;

      (b) Enrolled in an alternative program pursuant to NRS 388.537;

      (c) Enrolled in a program designed to meet the requirements for an adult standard diploma; or

      (d) Except as otherwise provided in subsection 4, who has been suspended or expelled from a public school ,

Ê may complete any required or elective course by independent study outside of the normal classroom setting. A program of independent study provided pursuant to this section may be offered through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

      2.  The regulations must : [require that:]

      (a) Require that:

             (1) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and

      [(b)] [The]

             (2) For each course in which the pupil is enrolled, the pupil and the teacher of the course meet or otherwise communicate with each other at least once each week [during] for the duration of the course to discuss the pupil’s progress [.] ; or

      (b) Require that the program of independent study satisfies the requirements of a plan to operate an alternative program of education submitted by the school district and approved pursuant to NRS 388.537.

      3.  [Except as otherwise provided in this subsection, the] The board of trustees of a school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by the pupils [:

      (a) Enrolled full time in high schools in its district. A board of trustees that chooses to allow such study may provide that:

             (1) The pupils participating in the independent study be given instruction individually or in a group.

             (2) The independent study be offered during the regular school day.

      (b) Who have been suspended or expelled from a public school.] described in subsection 1.

 


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ê2007 Statutes of Nevada, Page 1997 (Chapter 426, SB 535)ê

 

      4.  A program of independent study offered pursuant to this [paragraph] section must not allow a pupil who has been suspended or expelled from a public school to attend that public school during the period of his suspension or expulsion.

      Sec. 12.  NRS 389.160 is hereby amended to read as follows:

      389.160  1.  A pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school [,] or a pupil enrolled in a program designed to meet the requirements for an adult standard diploma, who successfully completes a course of education offered by a community college or university in this State which has been approved pursuant to subsection 2, must be allowed to apply the credit received for the course so completed to the total number of credits required for graduation from the high school or the charter school in which the pupil is enrolled [.] or the credits required for receipt of an adult standard diploma, as applicable.

      2.  With the approval of the State Board, the board of trustees of each county school district and the governing body of each charter school shall prescribe the courses for which credits may be received pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.

      Sec. 13.  NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:

      (a) Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070; or

      (b) Enroll in a program of independent study provided pursuant to [paragraph (b) of subsection 3 of] NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable [requirements.] program.

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

      (a) Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070; or

      (b) Enroll in a program of independent study provided pursuant to [paragraph (b) of subsection 3 of] NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable [requirements.] program.

 


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Ê The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.

      3.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must:

      (a) Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070; or

      (b) Enroll in a program of independent study provided pursuant to [paragraph (b) of subsection 3 of] NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable [requirements.] program.

      4.  This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      5.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      6.  A pupil who is 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 board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district 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.

      7.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

 


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ê2007 Statutes of Nevada, Page 1999 (Chapter 426, SB 535)ê

 

      8.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to his suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      Sec. 14.  NRS 392.4675 is hereby amended to read as follows:

      392.4675  1.  Except as otherwise provided in this section, a pupil who is suspended or expelled from:

      (a) Any public school in this State pursuant to NRS 392.466; or

      (b) Any school outside of this State for the commission of any act which, if committed within this State, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,

Ê is ineligible to attend any public school in this State during the period of that suspension or expulsion.

      2.  A school district or a charter school, if the charter school offers the applicable program, may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:

      (a) An alternative program for the education of pupils at risk of dropping out of [high school;] school provided pursuant to NRS 388.537;

      (b) A program of independent study provided pursuant to [paragraph (b) of subsection 3 of NRS 389.155, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements;] NRS 389.155 for pupils who have been suspended or expelled from public school;

      (c) A program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive ; [, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements;] or

      (d) Any program of instruction offered pursuant to the provisions of NRS 388.550 [.] ,

Ê if he qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program. A school district or charter school may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the program. If an investigation is conducted, the board of trustees of the school district or the governing body of the charter school shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a program.

      3.  The provisions of subsections 1 and 2 do not prohibit a pupil from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to his suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      Sec. 15.  NRS 388.870 is hereby repealed.

      Sec. 16.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 2000ê

 

CHAPTER 427, SB 301

Senate Bill No. 301–Senator Hardy

 

Joint Sponsor: Assemblyman Hardy

 

CHAPTER 427

 

AN ACT relating to public lands; transferring public lands administered by the Colorado River Commission of Nevada under the Fort Mohave Valley Development Law from the State of Nevada to Clark County; transferring the powers and duties of the Commission under the Fort Mohave Valley Development Law to the Board of County Commissioners of Clark County; transferring money in the Fort Mohave Valley Development Account to Clark County; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under the Fort Mohave Valley Development Law, the Colorado River Commission of Nevada has various powers and duties relating to the development of the Fort Mojave Valley, including the power to acquire, develop and dispose of certain public lands in the Fort Mojave Valley and the authority to expend money from the Fort Mohave Valley Development Account for specified purposes. (NRS 321.480-321.536)

      This bill transfers the power and responsibility of administering the Fort Mohave Valley Development Law from the Colorado River Commission of Nevada to the Board of County Commissioners of Clark County. To carry out the transfer, this bill provides that: (1) all public lands held, controlled or administered by the Commission under the Fort Mohave Valley Development Law must be transferred from the State of Nevada to Clark County; and (2) all money in the Fort Mohave Valley Development Account must be transferred from the State of Nevada to Clark County.

      To ensure that the Board of County Commissioners administers the Fort Mohave Valley Development Law for the benefit of the Fort Mojave Valley, this bill provides that the Board has a fiduciary duty to: (1) administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley; and (2) use the money in the Fort Mohave Valley Development Fund only for the purposes expressly authorized by the Fort Mohave Valley Development Law.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 321.335 is hereby amended to read as follows:

      321.335  1.  Except as otherwise provided in NRS 321.125, [321.510,] 322.063, 322.065 or 322.075, except as otherwise required by federal law and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, or a lease of residential property with a term of 1 year or less, after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.

      2.  Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, he may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.

 


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ê2007 Statutes of Nevada, Page 2001 (Chapter 427, SB 301)ê

 

apart for public purposes be sold or leased, he may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.

      3.  Before offering any land for sale or lease, the State Land Registrar shall cause it to be appraised by competent appraisers selected pursuant to NRS 321.007.

      4.  After receipt of the report of the appraisers, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold or leased;

      (b) A statement of the terms of sale or lease;

      (c) A statement that the land will be sold pursuant to subsection 6; and

      (d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.

      6.  At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.

      7.  The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if he deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the State to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      8.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

      9.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.

 


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ê2007 Statutes of Nevada, Page 2002 (Chapter 427, SB 301)ê

 

of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.

      10.  The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      11.  If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must obtain a new appraisal of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.

      Sec. 2.  NRS 321.480 is hereby amended to read as follows:

      321.480  1.  NRS 321.480 to 321.536, inclusive, may be cited as the Fort Mohave Valley Development Law.

      2.  The Legislature hereby finds and declares that:

      (a) It is in the public interest to transfer to Clark County all of the right, title and interest of the State of Nevada in all land held, controlled or administered by the Colorado River Commission of Nevada on behalf of the State under the Fort Mohave Valley Development Law.

      (b) The Board of County Commissioners of Clark County has a fiduciary duty to:

             (1) Administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley; and

             (2) Use the money in the Fort Mohave Valley Development Fund only for the purposes expressly authorized by the Fort Mohave Valley Development Law.

      Sec. 3.  NRS 321.490 is hereby amended to read as follows:

      321.490  1.  As used in NRS 321.480 to 321.536, inclusive, unless the context otherwise requires:

      (a) [“Commission” means the Colorado River Commission of Nevada.] “Board of County Commissioners” or “Board” means the Board of County Commissioners of Clark County.

      (b) “Clark County” or “County” means Clark County, Nevada, as created by NRS 243.035.

      (c) “Development” and “develop” include the:

             (1) Preparation of a proposal, plans for a subdivision, plans for a zoning district or zoning regulations, or any other acts in conformance with chapters 278 and 278A of NRS and any local master plans, regulations and ordinances governing the improvement or use of land or the location and construction of structures;

 


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ê2007 Statutes of Nevada, Page 2003 (Chapter 427, SB 301)ê

 

chapters 278 and 278A of NRS and any local master plans, regulations and ordinances governing the improvement or use of land or the location and construction of structures;

             (2) Planning, design, construction or any other act necessary to acquire, extend, alter, reconstruct, repair or make other improvements to a project; and

             (3) Solicitation, consideration and approval of proposals for the use of land,

Ê in the Fort Mohave Valley [.] and in any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      (d) “Fort Mohave Valley Development Fund” or “Fund” means the fund created in the County Treasury pursuant to NRS 321.520.

      2.  As used in this section, “project” means any structure, facility, undertaking or system which a county, city, town, general improvement district or special district is authorized to acquire, improve, equip, maintain or operate, including all kinds of personal and real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      Sec. 4.  NRS 321.500 is hereby amended to read as follows:

      321.500  1.  The [Commission may, on behalf of the State of Nevada,] Board of County Commissioners may purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase or acquisition may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior [,] of the United States, or otherwise.

      2.  The lands referred to in subsection 1 are described as follows:

      (a) Parcel 1.  All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.

      (b) Parcel 2.  All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

      (c) Parcel 3.  All of sections 9, 10, 11, 14, 15 and 16, east 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

      (d) Parcel 4.  Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.

Ê All references to township and range in this subsection refer to Mount Diablo base and meridian.

      Sec. 5.  NRS 321.510 is hereby amended to read as follows:

      321.510  1.  The [Commission] Board of County Commissioners shall undertake such engineering, planning and developmental studies [,] and such other action as may be necessary for the development of the Fort Mohave Valley [.] and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  The [Commission] Board shall not solicit plans for development or dispose of lands described in NRS 321.500 and 321.534 unless it has first [obtained the concurrence of the governing body whose territory contains the land described for development or disposal] determined that the proposed development or disposal:

 


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[obtained the concurrence of the governing body whose territory contains the land described for development or disposal] determined that the proposed development or disposal:

      (a) Is consistent with [a] the master plan adopted [by the governing body] pursuant to chapter 278 of NRS [;] which governs the land proposed for development or disposal; or

      (b) Constitutes an acceptable revision to the master plan,

Ê and is consistent with the plans and projects of any general improvement district, special district , town or city whose territory contains the land [described] proposed for development or disposal.

      3.  Any such proposal for the development or disposal of land must comply with applicable local regulations and ordinances governing the development of land, the location and construction of structures or the regulation of projects.

      4.  The [Commission] Board may adopt [regulations governing] procedures for the development or disposal of the lands described in NRS 321.500 and 321.534 and may develop, dispose of and approve requests for the development or disposal of those lands only if [in accordance with a] the development or disposal:

      (a) Is consistent with the master plan [that has been adopted by the governing body whose territory contains] governing the land [described] proposed for development or disposal [.] ; or

      (b) Constitutes an acceptable revision to the master plan.

      5.  The [Commission, acting for and on behalf of the State of Nevada,] Board may relinquish all rights, powers and privileges [the State has] to purchase any portion, part or parcel of the lands described in NRS 321.500. Any such relinquishment must be made by written instrument, approved by the [Attorney General,] District Attorney of the County and forwarded to the Secretary of the Interior [.] of the United States.

      Sec. 6.  NRS 321.520 is hereby amended to read as follows:

      321.520  1.  For the use of the [Commission] Board of County Commissioners in carrying out the [provisions of NRS 321.480 to 321.536, inclusive,] Fort Mohave Valley Development Law, the County Treasurer shall create in the County Treasury a separate fund designated as the Fort Mohave Valley Development [Account is hereby created in the State Treasury.] Fund.

      2.  The interest and income earned on the money in the Fort Mohave Valley Development [Account,] Fund, after deducting any applicable charges, must be credited to the [Account.] Fund.

      3.  Money in the Fort Mohave Valley Development [Account] Fund must be paid out on claims against the [Account] Fund as other claims against the [State] County are paid, after the claims have been approved by the [Commission pursuant to subsection 3 of NRS 321.536.] Board.

      Sec. 7.  NRS 321.530 is hereby amended to read as follows:

      321.530  1.  The Board of County Commissioners shall administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  Any money received by the [Commission] County in connection with the administration of the Fort Mohave Valley Development Law, including, without limitation, any money received from the development or disposition of any land described in NRS 321.500 or 321.534 or any other land which the County acquires using money from the Fort Mohave Valley Development Fund, must be deposited in the [State] County Treasury to the credit of the Fort Mohave Valley Development [Account.

 


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ê2007 Statutes of Nevada, Page 2005 (Chapter 427, SB 301)ê

 

disposition of any land described in NRS 321.500 or 321.534 or any other land which the County acquires using money from the Fort Mohave Valley Development Fund, must be deposited in the [State] County Treasury to the credit of the Fort Mohave Valley Development [Account.

      2.  The State Controller and the State Treasurer shall calculate and retain an amount of money from that deposit equal to the necessary expenses incurred in the acquisition of any land described in NRS 321.500 and shall transfer the remaining amount to the State General Fund until the transfers have resulted in complete reimbursement to the State General Fund for all money appropriated from the State General Fund to the Fort Mohave Valley Development Account.] Fund.

      Sec. 8.  NRS 321.534 is hereby amended to read as follows:

      321.534  The [Commission] Board of County Commissioners may act as the agent of [the State of Nevada] Clark County in the development and disposal of [state] lands in the Fort Mohave Valley described as being all those lands in T. 32 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office dependent resurvey of 1947 and the right bank of the channel of the Colorado River and all those lands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office survey of 1932 and the right bank of the channel of the Colorado River.

      Sec. 9.  NRS 321.536 is hereby amended to read as follows:

      321.536  [1.  The Commission] The Board of County Commissioners may use money in the Fort Mohave Valley Development [Account to purchase] Fund only to:

      1.  Purchase or otherwise acquire lands described in NRS 321.500 and 321.534 [in an amount not to exceed $3,200,000.

      2.  After the allocation of money pursuant to subsection 1, the Commission may use money in the Fort Mohave Development Account to administer the provisions of NRS 321.480 to 321.536, inclusive, and any other expenditures authorized by law.

      3.  After the allocation of money pursuant to subsections 1 and 2, the Commission, with the concurrence of the Board of County Commissioners of Clark County, shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for the use of the remaining money available in the Fort Mohave Valley Development Account to develop state and local capital improvements. The program may include] ; and

      2.  Administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley, including, without limitation, the planning, design and construction of [those] capital improvements which develop the land in the Fort Mohave Valley or in [the service area of] any general improvement district, special district, town or city [which] whose territory contains all or a part of the land in the Fort Mohave Valley . [, or both. If the program is approved, the Commission shall approve proper claims against the Account made in conformance with the program in a manner which ensures that any claims concerning a particular capital improvement are approved and paid before any claims concerning another capital improvement are approved and paid.

 


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ê2007 Statutes of Nevada, Page 2006 (Chapter 427, SB 301)ê

 

      4.  After disposition of the money in the Fort Mohave Valley Development Account pursuant to subsections 1, 2 and 3, the Commission may use any remaining money to:

      (a) Develop and dispose of any land described in NRS 321.534 acquired by the Commission;

      (b) Purchase or otherwise acquire, develop and dispose of any other land which the Commission is authorized to purchase, acquire, develop or dispose of; and

      (c) Perform any other acts authorized by the Legislative Commission.

      5.  Any money:

      (a) Received from the development or disposition of the land described in NRS 321.534; or

      (b) Received from the development or disposition of any other land which the Commission acquires using money from the Fort Mohave Valley Development Account pursuant to paragraph (b) of subsection 4,

Ê must be deposited in the Fort Mohave Valley Development Account.]

      Sec. 10.  NRS 538.135 is hereby amended to read as follows:

      538.135  The Executive Director:

      1.  Is responsible for administering and carrying out the policies of the Commission.

      2.  Shall direct and supervise all the technical and administrative activities of the Commission.

      3.  Shall report to the Commission all relevant and important matters concerning the administration of his office. He is subject to the supervision of the Commission and is responsible, unless otherwise provided by law, for the conduct of the administrative function of the Commission’s office.

      4.  Shall perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of NRS [321.480 to 321.536, inclusive, and] 538.010 to 538.251, inclusive, and any other provisions of law relating to the powers and duties of the Commission.

      Sec. 11.  1.  As soon as practicable after passage and approval of this act but not later than July 1, 2007, the Colorado River Commission of Nevada and the State Land Registrar shall, on behalf of the State of Nevada, convey gratuitously and by quitclaim deed to Clark County all of the right, title and interest of the State of Nevada in all land held, controlled or administered by the Commission on behalf of the State under the Fort Mohave Valley Development Law.

      2.  Each conveyance authorized by subsection 1 is subject to any easement existing on the date of the conveyance, whether or not of record.

      3.  Clark County shall pay any expenses incurred by the Commission and the State Land Registrar to carry out the provisions of this section.

      Sec. 12.  1.  As soon as practicable after passage and approval of this act but not later than July 1, 2007, the State Treasurer shall transfer the money in the Fort Mohave Valley Development Account in the State Treasury to the County Treasurer of Clark County who must deposit the money in the County Treasury to the credit of the Fort Mohave Valley Development Fund.

      2.  On and after the date on which the State Treasurer makes the transfer required by subsection 1:

      (a) All outstanding claims against the Colorado River Commission of Nevada or the State of Nevada payable from the Fort Mohave Valley Development Account in the State Treasury before the date of the transfer shall be deemed to be claims against Clark County payable from the Fort Mohave Valley Development Fund in the County Treasury;

 


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ê2007 Statutes of Nevada, Page 2007 (Chapter 427, SB 301)ê

 

shall be deemed to be claims against Clark County payable from the Fort Mohave Valley Development Fund in the County Treasury;

      (b) All outstanding contracts or other agreements entered into by the Commission or the State of Nevada to carry out the Fort Mohave Valley Development Law before the date of the transfer shall be deemed to be binding upon Clark County and may be enforced by and against Clark County according to their terms; and

      (c) All outstanding obligations, debts and liabilities incurred by the Commission or the State of Nevada to carry out the Fort Mohave Valley Development Law before the date of the transfer shall be deemed to be assumed by Clark County and may be enforced against Clark County, and Clark County shall indemnify and hold the Commission and the State of Nevada harmless against all such obligations, debts and liabilities.

      3.  The provisions of this section do not apply to any outstanding bonds or similar obligations issued by the Commission or the State of Nevada to carry out the Fort Mohave Valley Development Law before the date of the transfer, but only to the extent that the provisions of this section would constitute an impairment of the rights of the holders of the bonds or similar obligations. If there are any such outstanding bonds or similar obligations, the State of Nevada and its officers and agencies shall take whatever actions that are deemed necessary to protect the interests of the State and the rights of the holders of the bonds or similar obligations.

      Sec. 13.  The Colorado River Commission of Nevada shall cooperate with the Board of County Commissioners of Clark County to ensure that the provisions of this act are carried out in an orderly manner, including, without limitation, the transfer or exchange of books and records relating to the administration of the Fort Mohave Valley Development Law.

      Sec. 14.  This act becomes effective:

      1.  Upon passage and approval for the purposes of carrying out the provisions of sections 11, 12 and 13 of this act and the orderly transfer to the Board of County Commissioners of Clark County of the powers and duties of the Colorado River Commission of Nevada under the Fort Mohave Valley Development Law; and

      2.  On July 1, 2007, for all other purposes.

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ê2007 Statutes of Nevada, Page 2008ê

 

CHAPTER 428, SB 320

Senate Bill No. 320–Senator Beers

 

CHAPTER 428

 

AN ACT relating to airports; exempting the rental or lease of certain space at certain local governmental airports from requirements relating to appraisals and public auctions; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law and with certain exceptions, the governing body of a city is required to obtain two independent appraisals when offering real property for sale or lease and is required to sell or lease the property at auction. (NRS 268.059-268.062) This bill authorizes the governing body of a city whose population is less than 25,000 (currently Boulder City, Caliente, Carlin, Elko, Ely, Fallon, Fernley, Lovelock, Mesquite, Wells, West Wendover, Winnemucca and Yerington) to rent or lease space that is less than one-half of an acre for the parking or storage of aircraft on the grounds of an airport owned or operated by the city without conducting or causing to be conducted an appraisal or a public auction. (NRS 496.080)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 496.080 is hereby amended to read as follows:

      496.080  1.  Except as otherwise provided in subsection 2 or as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility [,] or other property, or portion thereof or interest therein, acquired pursuant to this chapter.

      2.  The disposal by sale, lease or otherwise must be:

      (a) [Made] Except as otherwise provided in subsection 3, made by public auction; and

      (b) In accordance with the laws of this State, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the State or Federal Government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality, and except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.

      3.  The governing body of a city whose population is less than 25,000 may rent or lease to a person a space that is less than one-half of an acre for the parking or storage of aircraft on the grounds of a municipal airport that is owned or operated by the city without conducting or causing to be conducted an appraisal or a public auction.

      Secs. 1.2-1.8.  (Deleted by amendment.)

      Sec. 2.  NRS 266.267 is hereby amended to read as follows:

      266.267  1.  A city council shall not enter into a lease of real property owned by the city for a term of 3 years or longer or enter into a contract for the sale of real property until after the property has been appraised pursuant to NRS 268.059.

 


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ê2007 Statutes of Nevada, Page 2009 (Chapter 428, SB 320)ê

 

the sale of real property until after the property has been appraised pursuant to NRS 268.059. Except as otherwise provided in this section , [and] paragraph (a) of subsection 1 of NRS 268.050 [:] and subsection 3 of NRS 496.080:

      (a) The sale or lease of real property must be made in the manner required pursuant to NRS 268.059, 268.061 and 268.062; and

      (b) A lease or sale must be made at or above the highest appraised value of the real property as determined pursuant to the appraisal conducted pursuant to NRS 268.059.

      2.  The city council may sell or lease real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.

      Sec. 3.  NRS 268.059 is hereby amended to read as follows:

      268.059  1.  Except as otherwise provided in NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

      (a) Obtain two independent appraisals of the real property before selling or leasing it. The appraisals must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

      (b) Select the two independent appraisers from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.

      2.  The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

 


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ê2007 Statutes of Nevada, Page 2010 (Chapter 428, SB 320)ê

 

      Sec. 4.  NRS 268.061 is hereby amended to read as follows:

      268.061  Except as otherwise provided in this section and NRS 268.063, 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise provided by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election:

      1.  If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in NRS 268.062.

      2.  Before the governing body may sell or lease any real property as provided in subsection 1, it shall:

      (a) Post copies of the resolution described in subsection 1 in three public places in the city; and

      (b) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased in such a manner as to identify it;

             (2) The minimum price, if applicable, of the real property proposed to be sold or leased; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the board shall conduct an appraisal pursuant to NRS 268.059 to determine the value of the real property and, except for real property acquired pursuant to NRS 371.047, shall not sell or lease it for less than the highest appraised value.

      4.  If the real property is appraised at $1,000 or more, the governing body may:

      (a) Lease the real property; or

      (b) Sell the real property for:

             (1) Cash; or

             (2) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.

      5.  A governing body may sell or lease any real property owned by the city without complying with the provisions of this section and NRS 268.059 and 268.062 to:

 


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ê2007 Statutes of Nevada, Page 2011 (Chapter 428, SB 320)ê

 

      (a) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that:

             (1) The real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; and

             (2) The sale or lease will be in the best interest of the city.

      (b) Another governmental entity if:

             (1) The sale or lease restricts the use of the real property to a public use; and

             (2) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.

      6.  A governing body that disposes of real property pursuant to subsection 5 is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

      7.  If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the governing body must obtain a new appraisal of the real property pursuant to the provisions of NRS 268.059 before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

      Sec. 5.  NRS 268.062 is hereby amended to read as follows:

      268.062  1.  Except as otherwise provided in this section and NRS 268.063, 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the property at auction. The resolution must:

 


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ê2007 Statutes of Nevada, Page 2012 (Chapter 428, SB 320)ê

 

      (a) Describe the property proposed to be sold or leased in such a manner as to identify it;

      (b) Specify the minimum price and the terms upon which the property will be sold or leased; and

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the governing body to be held at its regular place of meeting, at which sealed bids will be received and considered.

      2.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;

             (2) The minimum price of the real property proposed to be sold or leased at auction; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.

      4.  Before accepting any written bid, the governing body shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy or lease the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

      5.  The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 21 days next following.

      6.  The governing body may, either at the same session or at any adjourned session of the same meeting held within the 21 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.

      7.  Any resolution of acceptance of any bid made by the governing body must authorize and direct the chairman to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of his contract which are to be performed concurrently therewith.

 


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ê2007 Statutes of Nevada, Page 2013 (Chapter 428, SB 320)ê

 

      Secs. 5.5 and 6.  (Deleted by amendment.)

      Sec. 7.  Section 1 of Assembly Bill No. 289 of this session is hereby repealed.

      Sec. 8.  1.  This section and section 7 of this act become effective upon passage and approval.

      2.  Sections 2 to 6, inclusive, of this act become effective on October 1, 2007.

________

 

CHAPTER 429, SB 274

Senate Bill No. 274–Committee on Natural Resources

 

CHAPTER 429

 

AN ACT relating to water; expanding the purposes for which the State Engineer may adopt regulations; authorizing the State Engineer to impose administrative fines and to order payment of the costs of certain proceedings; authorizing the State Engineer to consider the consumptive use of a water right under certain circumstances; authorizing the State Engineer to seek injunctive relief for certain violations; revising provisions relating to the protest of certain applications involving interbasin transfers of groundwater; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Pursuant to existing law, the State Engineer may make such reasonable rules and regulations as may be necessary for the proper and orderly execution of the powers conferred on him by law. (NRS 532.120) The penalty prescribed for the violation of a majority of the provisions set forth in chapters 533, 534, 535 and 536 of NRS is a misdemeanor. (NRS 533.480, 534.190, 535.110, 536.120)

      Section 1 of this bill expands the provisions for which the State Engineer may adopt regulations to include chapters 534, 535 and 536 of NRS in addition to chapter 533 of NRS. Sections 3, 7, 10 and 14 of this bill provide the State Engineer with the additional authority to impose, after notice and opportunity for a hearing, administrative fines, to require a person to replace certain unlawfully taken or wasted water, and to recover expenses incurred in investigating and stopping various water law violations. Section 7 provides additionally that: (1) in determining violations relating to the unauthorized use of water from certain wells, it is the burden of the State Engineer to prove which user or users of water are withdrawing water in excess of their individual allotments; and (2) the State Engineer may require users of water from certain wells to install and maintain, at their own expense, meters to measure their individual withdrawal of water.

      Sections 4, 8, 11 and 15 of this bill authorize the State Engineer to seek injunctive relief to prevent a violation or continued violation of chapters 533, 534, 535 and 536 of NRS.

      Section 3.3 of this bill authorizes the State Engineer to consider the consumptive use of a water right in determining the appropriateness of approving a proposed change in the place of diversion, manner of use or place of use of water pursuant to that right. Section 3.5 of this bill authorizes the State Engineer, upon approval of an application to appropriate water, to limit the initial use of that water to an amount that is less than the total amount approved. If the State Engineer at a later date determines that water is available for the total amount approved for the application, he may authorize the use of that additional amount.

 


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ê2007 Statutes of Nevada, Page 2014 (Chapter 429, SB 274)ê

 

      Existing law sets forth requirements for the State Engineer to provide certain notice of an application for a permit to appropriate water. These requirements include publishing the notice in a newspaper and, if the application is for a well, mailing a copy of the notice to owners of real property containing a domestic well that is within 2,500 feet of the proposed well. (NRS 533.360) Existing law also allows an interested person to file with the State Engineer a written protest to the application. (NRS 533.365) Sections 4.7 and 4.9 of this bill require that if the State Engineer fails to grant, deny or hear an application for a permit to appropriate, change the point of diversion of, change the manner of use of, or change the place of use of more than 250 acre-feet of water per annum within 7 years after the date on which the application was submitted, the State Engineer must, if the application involves an interbasin transfer of groundwater, notice a new period of protest of 45 days. This bill also provides that certain successors in interest of persons who had already filed a written protest against the granting of such an application must be allowed to continue pursuing the protest as though they were the person who had filed the original protest.

      Section 16 of this bill requires the State Engineer to consider certain matters in adopting regulations to carry out the amendatory provisions of this bill.

      Section 17 of this bill requires the State Engineer, on or before January 1, 2009, to submit to the Director of the Legislative Counsel Bureau a written report detailing his efforts in, and progress toward, the development and adoption of regulations to carry out the amendatory provisions of this bill.

      Section 18 of this bill prohibits the State Engineer, before July 1, 2009, from imposing an administrative penalty pursuant to the amendatory provisions of this bill or any regulations adopted to carry out those amendatory provisions.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 532.120 is hereby amended to read as follows:

      532.120  1.  The State Engineer [is empowered to] may make such reasonable rules and regulations as may be necessary for the proper and orderly execution of the powers conferred by law.

      2.  The State Engineer [shall have power to make rules,] may adopt regulations, not in conflict with law, governing the practice and procedure in all contests before his office, to [insure] ensure the proper and orderly exercise of the powers granted by law, and the speedy accomplishment of the purposes of [chapter] chapters 533 , 534, 535 and 536 of NRS. Such rules of practice and procedure [shall] must be furnished to any person upon application therefor.

      Sec. 2.  Chapter 533 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5 to 4.5, inclusive, of this act.

      Sec. 2.5.  (Deleted by amendment.)

      Sec. 3.  1.  In addition to any other penalty provided by law, the State Engineer may, after notice and opportunity for a hearing, require a person who violates any provision of this chapter or any permit, certificate, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120 to:

      (a) Pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.

      (b) In the case of an unauthorized use or willful waste of water in violation of NRS 533.460 or an unlawful diversion of water in violation of NRS 533.530, or any other violation of this chapter that, as determined by the State Engineer, results in an unlawful use, waste or diversion of water, replace not more than 200 percent of the water used, wasted or diverted.

 


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ê2007 Statutes of Nevada, Page 2015 (Chapter 429, SB 274)ê

 

the State Engineer, results in an unlawful use, waste or diversion of water, replace not more than 200 percent of the water used, wasted or diverted.

      2.  If an administrative fine is imposed against a person pursuant to subsection 1 or the person is ordered to replace any water pursuant to that subsection, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  An order imposing an administrative fine or requiring the replacement of water or the payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450.

      Sec. 3.3.  1.  The State Engineer may consider the consumptive use of a water right and the consumptive use of a proposed beneficial use of water in determining whether a proposed change in the place of diversion, manner of use or place of use complies with the provisions of subsection 5 of NRS 533.370.

      2.  The provisions of this section:

      (a) Must not be applied by the State Engineer in a manner that is inconsistent with any applicable federal or state decree concerning consumptive use.

      (b) Do not apply to any decreed, certified or permitted right to appropriate water which originates in the Virgin River or the Muddy River.

      Sec. 3.5.  1.  Upon approval of an application to appropriate water, the State Engineer may limit the initial use of water to a quantity that is less than the total amount approved for the application. The use of an additional amount of water that is not more than the total amount approved for the application may be authorized by the State Engineer at a later date if additional evidence demonstrates to the satisfaction of the State Engineer that the additional amount of water is available and may be appropriated in accordance with this chapter and chapter 534 of NRS. In making that determination, the State Engineer may establish a period during which additional studies may be conducted or additional evidence provided to support the application.

      2.  In any basin in which an application to appropriate water is approved pursuant to subsection 1, the State Engineer may act upon any other pending application to appropriate water in that basin that the State Engineer concludes constitutes the use of a minimal amount of water.

      Sec. 4.  1.  The State Engineer may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of this chapter, or any permit, certificate, decision or order issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120.

      2.  On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, or any permit, certificate, decision or order issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.

      3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.

 


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ê2007 Statutes of Nevada, Page 2016 (Chapter 429, SB 274)ê

 

      4.  The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.

      5.  Any proceeding conducted or injunction or order issued pursuant to this section is in addition to, and not in lieu of, any other penalty or remedy available for a violation specified in this section.

      Sec. 4.5.  The State Engineer shall not carry out his duties pursuant to this chapter in a manner that conflicts with any applicable provision of a decree or order issued by a state or federal court, an interstate compact or an agreement to which this State is a party for the interstate allocation of water pursuant to an act of Congress.

      Sec. 4.7.  NRS 533.365 is hereby amended to read as follows:

      533.365  1.  Any person interested may, within 30 days [from] after the date of last publication of the notice of application, file with the State Engineer a written protest against the granting of the application, setting forth with reasonable certainty the grounds of such protest, which [shall] must be verified by the affidavit of the protestant, his agent or attorney.

      2.  On receipt of a protest, the State Engineer shall advise the applicant whose application has been protested of the fact that the protest has been filed with him, which advice [shall] must be sent by certified mail.

      3.  The State Engineer shall consider the protest, and may, in his discretion, hold hearings and require the filing of such evidence as he may deem necessary to a full understanding of the rights involved. The State Engineer shall give notice of the hearing by certified mail to both the applicant and the protestant. The notice must state the time and place at which the hearing is to be held and must be mailed at least 15 days before the date set for the hearing.

      4.  Each applicant and each protestant shall, in accordance with a schedule established by the State Engineer, provide to the State Engineer and to each protestant and each applicant information required by the State Engineer relating to the application or protest.

      5.  If the State Engineer holds a hearing pursuant to subsection 3, the State Engineer shall render a decision on each application not later than 240 days after the later of:

      (a) The date all transcripts of the hearing become available to the State Engineer; or

      (b) The date specified by the State Engineer for the filing of any additional information, evidence, studies or compilations requested by the State Engineer. The State Engineer may, for good cause shown, extend any applicable period.

      6.  The State Engineer shall adopt rules of practice regarding the conduct of [such hearings.] a hearing held pursuant to subsection 3. The rules of practice must be adopted in accordance with the provisions of NRS 233B.040 to 233B.120, inclusive, and codified in the Nevada Administrative Code. The technical rules of evidence do not apply at such a hearing.

      7.  The provisions of this section do not prohibit the noticing of a new period of 45 days in which a person may file with the State Engineer a written protest against the granting of the application, if such notification is required to be given pursuant to subsection 8 of NRS 533.370.

 


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ê2007 Statutes of Nevada, Page 2017 (Chapter 429, SB 274)ê

 

      Sec. 4.9.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

      (a) The application is accompanied by the prescribed fees;

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

      (c) The applicant provides proof satisfactory to the State Engineer of:

             (1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

             (2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

      2.  Except as otherwise provided in this subsection and subsections 3 and [8,] 11 and NRS 533.365, the State Engineer shall approve or reject each application within 1 year after the final date for filing a protest. The State Engineer may:

      (a) Postpone action upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant.

      (b) Postpone action if the purpose for which the application was made is municipal use.

      (c) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, withhold action until it is determined there is unappropriated water or the court action becomes final.

      3.  Except as otherwise provided in subsection [8,] 11, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may:

      (a) Postpone action upon written authorization to do so by the applicant or, if the application is protested, by the protestant and the applicant.

      (b) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, withhold action until it is determined there is unappropriated water or the court action becomes final.

      4.  If the State Engineer does not act upon an application within 1 year after the final date for filing a protest, the application remains active until acted upon by the State Engineer.

      5.  Except as otherwise provided in subsection [8,] 11, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectible interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

 


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for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

      6.  In determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

      (a) Whether the applicant has justified the need to import the water from another basin;

      (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

      (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

      (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

      (e) Any other factor the State Engineer determines to be relevant.

      7.  If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection [9,] 12, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

      8.  If:

      (a) The State Engineer receives an application to appropriate any of the public waters, or to change the point of diversion, manner of use or place of use of water already appropriated;

      (b) The application involves an amount of water exceeding 250 acre-feet per annum;

      (c) The application involves an interbasin transfer of groundwater; and

      (d) Within 7 years after the date of last publication of the notice of application, the State Engineer has not granted the application, denied the application, held an administrative hearing on the application or issued a permit in response to the application,

Ê the State Engineer shall notice a new period of 45 days in which a person who is a successor in interest to a protestant or an affected water right owner may file with the State Engineer a written protest against the granting of the application. Such notification must be entered on the Internet website of the State Engineer and must, concurrently with that notification, be mailed to the board of county commissioners of the county of origin.

      9.  Except as otherwise provided in subsection 10, a person who is a successor in interest to a protestant or an affected water right owner who wishes to protest an application in accordance with a new period of protest noticed pursuant to subsection 8 shall, within 45 days after the date on which the notification was entered and mailed, file with the State Engineer a written protest that complies with the provisions of this chapter and with the regulations adopted by the State Engineer, including, without limitation, any regulations prescribing the use of particular forms or requiring the payment of certain fees.

 


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ê2007 Statutes of Nevada, Page 2019 (Chapter 429, SB 274)ê

 

wishes to protest an application in accordance with a new period of protest noticed pursuant to subsection 8 shall, within 45 days after the date on which the notification was entered and mailed, file with the State Engineer a written protest that complies with the provisions of this chapter and with the regulations adopted by the State Engineer, including, without limitation, any regulations prescribing the use of particular forms or requiring the payment of certain fees.

      10.  If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if he were the former owner whose interest he succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer on a form provided by the State Engineer.

      11.  The provisions of subsections 1 to 6, inclusive, do not apply to an application for an environmental permit.

      [9.] 12.  The provisions of subsection 7 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.

      [10.] 13.  As used in this section [, “interbasin] :

      (a) “County of origin” means the county from which groundwater is transferred or proposed to be transferred.

      (b) “Domestic well” has the meaning ascribed to it in NRS 534.350.

      (c) “Interbasin transfer of groundwater” means a transfer of groundwater for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.

      Sec. 5.  NRS 533.450 is hereby amended to read as follows:

      533.450  1.  Any person feeling himself aggrieved by any order or decision of the State Engineer, acting in person or through his assistants or the water commissioner, affecting his interests, when [such] the order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445, inclusive, or section 3, 7, 10 or 14 of this act, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which [shall] must be initiated in the proper court of the county in which the matters affected or a portion thereof are situated , [;] but on stream systems where a decree of court has been entered, the action [shall] must be initiated in the court that entered the decree. [Such] The order or decision of the State Engineer [shall be and remain] remains in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days [following] after the rendition of the order or decision in question and notice thereof is given to the State Engineer as provided in subsection 3.

      2.  The proceedings in every case [shall] must be heard by the court, and [shall] must be informal and summary, but full opportunity to be heard [shall] must be had before judgment is pronounced.

      3.  No such proceedings may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioner’s interests, has been served upon the State Engineer, personally or by registered or certified mail, at his office at the State Capital within 30 days following the rendition of the order or decision in question.

 


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ê2007 Statutes of Nevada, Page 2020 (Chapter 429, SB 274)ê

 

interests, has been served upon the State Engineer, personally or by registered or certified mail, at his office at the State Capital within 30 days following the rendition of the order or decision in question. A similar notice [shall] must also be served personally or by registered or certified mail upon the person [or persons] who may have been affected by [such] the order or decision.

      4.  Where evidence has been filed with, or testimony taken before, the State Engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, [shall] must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript [shall] must be furnished on demand, at actual cost, to any person affected by [such] the order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the State Engineer.

      5.  A bond [shall] must not be required except when a stay is desired, and the proceedings provided for in this section are not a stay unless, within 5 days [following] after the service of notice thereof, a bond is filed in an amount to be fixed by the court, with sureties satisfactory to [such] the court, conditioned to perform the judgment rendered in [such] the proceedings.

      6.  Costs [shall] must be paid as in civil cases brought in the district court, except by the State Engineer or the State.

      7.  The practice in civil cases applies to the informal and summary character of such proceedings, as provided in this section.

      8.  Appeals may be taken to the Supreme Court from the judgment of the district court in the same manner as in other civil cases.

      9.  The decision of the State Engineer [shall be] is prima facie correct, and the burden of proof [shall be] is upon the party attacking the same.

      10.  Whenever it appears to the State Engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, he shall request the Attorney General to appear and protect the interests of the State.

      Sec. 6.  Chapter 534 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.

      Sec. 7.  1.  Except as otherwise provided in NRS 534.280, 534.310 and 534.330 and in addition to any other penalty provided by law, the State Engineer may, after notice and opportunity for a hearing, require a person who violates any provision of this chapter or any permit, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120 to:

      (a) Pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.

      (b) In the case of an unlawful waste of water in violation of NRS 534.070 or any other violation of this chapter that, as determined by the State Engineer, results in an unlawful use, waste or diversion of water, replace not more than 200 percent of the water used, wasted or diverted.

      2.  In determining violations of this chapter relating to the unauthorized use of water yielded from a well that is used pursuant to a permit issued by the State Engineer and that has 16 or fewer connections, the State Engineer has the burden of proving which user is withdrawing water in excess of the portion of water allotted to the connection of that user. The State Engineer may require any or all users of the well to install and maintain, at their own expense, a meter that measures the amount of water withdrawn from the well by each connection.

 


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ê2007 Statutes of Nevada, Page 2021 (Chapter 429, SB 274)ê

 

and maintain, at their own expense, a meter that measures the amount of water withdrawn from the well by each connection.

      3.  If an administrative fine is imposed against a person pursuant to subsection 1 or the person is ordered to replace any water pursuant to that subsection, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      4.  An order imposing an administrative fine or requiring the replacement of water or payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450.

      Sec. 8.  1.  The State Engineer may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of this chapter, or any permit, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120.

      2.  On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, or any permit, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.

      3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.

      4.  The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.

      5.  Any proceeding conducted or injunction or order issued pursuant to this section is in addition to, and not in lieu of, any other penalty or remedy available for a violation of this chapter.

      Sec. 9.  Chapter 535 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

      Sec. 10.  1.  In addition to any other penalty provided by law, the State Engineer may, after notice and opportunity for a hearing, require a person who violates any provision of this chapter, any permit, order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120 to pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.

      2.  If an administrative fine is imposed against a person pursuant to subsection 1, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  An order imposing an administrative fine or requiring the payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450.

      Sec. 11.  1.  The State Engineer may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of this chapter, any permit, order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120.

 


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ê2007 Statutes of Nevada, Page 2022 (Chapter 429, SB 274)ê

 

      2.  On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, any permit, order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.

      3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.

      4.  The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.

      5.  Any proceeding conducted or injunction or order issued pursuant to this section is in addition to, and not in lieu of, any other penalty or remedy available for a violation of this chapter.

      Sec. 12.  NRS 535.100 is hereby amended to read as follows:

      535.100  1.  [It is unlawful for any person being] Any person who is the owner of or in possession of any sawmill used for the making of lumber, or any slaughterhouse, brewery or tannery [to] shall not injure or obstruct the natural flow of water in any river, creek or other stream.

      2.  Any city or county government, or any person, [being] who is the owner of or in possession of any agricultural lands [, who may be] and who is injured by reason of the violation on the part of any person of the provisions contained in subsection 1 [, shall have the right to] may commence and maintain an action against [such] the person for any damage sustained, in such manner as may be provided by law.

      [3.  Any person who shall willfully and knowingly violate the provisions of this section shall be punished by a fine of not more than $500.]

      Sec. 13.  Chapter 536 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 and 15 of this act.

      Sec. 14.  1.  In addition to any other penalty provided by law, the State Engineer may, after notice and opportunity for a hearing, require a person who violates any provision of this chapter, any order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120 to pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.

      2.  If an administrative fine is imposed against a person pursuant to subsection 1, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  An order imposing an administrative fine or requiring the payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450.

      Sec. 15.  1.  The State Engineer may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of this chapter, any order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120.

      2.  On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, any order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.

 


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ê2007 Statutes of Nevada, Page 2023 (Chapter 429, SB 274)ê

 

provision of this chapter, any order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.

      3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.

      4.  The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.

      5.  Any proceeding conducted or injunction or order issued pursuant to this section is in addition to, and not in lieu of, any other penalty or remedy available for a violation of this chapter.

      Sec. 16.  The State Engineer shall, in adopting regulations to carry out the amendatory provisions of sections 1, 3, 4, 4.5, 7, 8, 10, 11, 12, 14 and 15 of this act:

      1.  Consider establishing a minimum threshold amount of water that a user of water would be required to exceed in using, wasting or diverting water in an unlawful manner before an administrative penalty would be imposed;

      2.  Comply with the provisions of chapter 233B of NRS;

      3.  Consider waiving an administrative penalty for a violation if the violator has, in the determination of the State Engineer, made significant progress toward correcting the violation; and

      4.  In addition to the requirements of subsection 1, consider waiving an administrative penalty in the case of an unauthorized use or willful waste of water in violation of NRS 533.460 or an unlawful diversion of water in violation of NRS 533.530, if the amount of water so used or wasted does not exceed 2 acre-feet per annum.

      Sec. 17.  The State Engineer shall, on or before January 1, 2009, submit to the Director of the Legislative Counsel Bureau a written report detailing the efforts and progress of the State Engineer in developing and adopting regulations to carry out the amendatory provisions of this act.

      Sec. 18.  The State Engineer shall not, before July 1, 2009, impose an administrative penalty pursuant to the amendatory provisions of this act or any regulations adopted to carry out the amendatory provisions of this act.

      Sec. 19.  The amendatory provisions of subsection 8 of section 4.9 of this act do not apply to:

      1.  An application to appropriate water filed before July 1, 2007;

      2.  An application to change the place of diversion, manner of use or place of use of appropriated water filed before that date; or

      3.  A written protest relating to an application specified in subsection 1 or 2.

      Sec. 20.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 2024ê

 

CHAPTER 430, SB 129

Senate Bill No. 129–Committee on Judiciary

 

CHAPTER 430

 

AN ACT relating to guardianships; extending the time in which certain information must be provided to the court for the appointment of a guardian; revising the provisions relating to the extension of temporary guardianships; revising the information that must be set forth in a petition to appoint a temporary guardian for certain wards; revising provisions relating to petitions by guardians to the court; revising provisions relating to the treatment or commitment of a ward; extending the time in which a guardian must wind up the affairs of the guardianship; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill extends the time in which information required in a petition for the appointment of a guardian must be provided to the court after the appointment of the guardian, if the information was not initially included in the petition, from 60 days to 120 days. (NRS 159.044)

      Section 2 of this bill revises existing law by providing that a petition which seeks to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention may be granted by a court if the court finds reasonable cause to believe that the proposed ward is unable to respond to such harm or to a need for medical attention rather than reasonable cause to believe that the proposed ward may suffer such harm or actually needs medical attention. (NRS 159.052) Section 4 of this bill revises existing law by providing that a petition which seeks to appoint a guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss must set forth facts showing that the proposed ward is unable to respond to such risk rather than facts showing that the proposed ward actually faces such risk. (NRS 159.0525) Sections 2-4 also eliminate the restriction that a court may not extend a temporary guardianship for more than two 30-day periods, and instead allow the court to extend a temporary guardianship for not more than two successive 60-day periods. Sections 2-4, however, prohibit the court from causing the temporary guardianship to continue longer than 5 months unless there is a showing of extraordinary circumstances.

      Existing law requires a guardian to petition the court for an order authorizing the guardian to change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the ward which includes the designation of a beneficiary. (NRS 159.078) Section 5 of this bill provides circumstances under which a guardian is not required to petition the court for an order allowing the guardian to utilize such assets.

      Existing law provides that a guardian must obtain authority from the court before consenting to the commitment of a ward to a mental health facility. (NRS 159.0805) Section 6 of this bill removes the requirement that a guardian must obtain such authority to consent to the commitment of a ward to a mental health facility.

      Section 7 of this bill provides that a guardian is not required to petition the court for authority before obtaining advice, instructions and approval of any proposed act of the guardian relating to the ward’s property or taking any other action which the guardian deems would be in the best interests of the ward, unless otherwise ordered by the court. (NRS 159.113)

 


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ê2007 Statutes of Nevada, Page 2025 (Chapter 430, SB 129)ê

 

      Existing law establishes the times during which a guardian is entitled to possession of the ward’s property and is authorized to perform his duties to wind up the affairs of the guardianship. (NRS 159.193) Section 8 of this bill extends the time during which a guardian retains such authority after a personal representative of the estate of a deceased ward is appointed or if the guardian is awaiting certification acknowledging that he has no further tax liabilities on the ward’s estate, from 90 days to 180 days.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 159.044 is hereby amended to read as follows:

      159.044  1.  Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

      2.  To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation:

      (a) The name and address of the petitioner.

      (b) The name, date of birth and current address of the proposed ward.

      (c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

Ê If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than [60] 120 days after the appointment of a guardian or as otherwise ordered by the court.

      (d) If the proposed ward is a minor, the date on which he will attain the age of majority and:

             (1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and

             (2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.

      (e) Whether the proposed ward is a resident or nonresident of this State.

      (f) The names and addresses of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree of consanguinity.

      (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

      (h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:

 


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ê2007 Statutes of Nevada, Page 2026 (Chapter 430, SB 129)ê

 

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

      (i) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which he was convicted and whether the proposed guardian was placed on probation or parole.

      (j) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation may include, without limitation:

             (1) A certificate signed by a physician who is licensed to practice medicine in this State stating the need for a guardian;

             (2) A letter signed by any governmental agency in this State which conducts investigations stating the need for a guardian; or

             (3) A certificate signed by any other person whom the court finds qualified to execute a certificate stating the need for a guardian.

      (k) Whether the appointment of a general or a special guardian is sought.

      (l) A general description and the probable value of the property of the proposed ward and any income to which the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

      (m) The name and address of any person or care provider having the care, custody or control of the proposed ward.

      (n) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.

      (o) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      (p) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides child welfare services. As used in this paragraph, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (q) Whether the proposed ward is a party to any pending criminal or civil litigation.

      (r) Whether the guardianship is sought for the purpose of initiating litigation.

      (s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

      Sec. 2.  NRS 159.052 is hereby amended to read as follows:

      159.052  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is a minor and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Facts which show that the proposed ward faces a substantial and immediate risk of physical harm or needs immediate medical attention; and

 


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ê2007 Statutes of Nevada, Page 2027 (Chapter 430, SB 129)ê

 

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward [may suffer] is unable to respond to a substantial and immediate risk of physical harm or [needs] to a need for immediate medical attention; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsections 7 and 8, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

 


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ê2007 Statutes of Nevada, Page 2028 (Chapter 430, SB 129)ê

 

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than [two 30-day] two successive 60-day periods [.] , except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 3.  NRS 159.0523 is hereby amended to read as follows:

      159.0523  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is an adult and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Facts which show that the proposed ward:

             (1) Faces a substantial and immediate risk of physical harm or needs immediate medical attention; and

             (2) Lacks capacity to respond to the risk of harm or to obtain the necessary medical attention; and

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

      (c) Finds that the petition required pursuant to subsection 1 is accompanied by:

             (1) A certificate signed by a physician who is licensed to practice in this State which states that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or

             (2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship.

 


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ê2007 Statutes of Nevada, Page 2029 (Chapter 430, SB 129)ê

 

limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsections 7 and 8, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:

      (a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or

      (b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:

             (1) The proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

             (2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and

             (3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than [two 30-day] two successive 60-day periods [.] , except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 4.  NRS 159.0525 is hereby amended to read as follows:

      159.0525  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:

 


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ê2007 Statutes of Nevada, Page 2030 (Chapter 430, SB 129)ê

 

      (a) Facts which show that the proposed ward [:

             (1) Faces] :

            (1) Is unable to respond to a substantial and immediate risk of financial loss; and

             (2) Lacks capacity to respond to the risk of loss; and

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss;

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

      (c) For a proposed ward who is an adult, finds that the petition required pursuant to subsection 1 is accompanied by:

             (1) A certificate signed by a physician who is licensed to practice in this State which states that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or

             (2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsections 7 and 8, if the proposed ward is a minor and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days.

 


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ê2007 Statutes of Nevada, Page 2031 (Chapter 430, SB 129)ê

 

court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. Except as otherwise provided in subsection 7, if the proposed ward is an adult, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:

      (a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or

      (b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:

             (1) The proposed ward is unable to respond to a substantial and immediate risk of financial loss;

             (2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and

             (3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of financial loss.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than [two 30-day] two successive 60-day periods [.] , except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 5.  NRS 159.078 is hereby amended to read as follows:

      159.078  1.  Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:

      (a) Make or change the last will and testament of the ward.

      (b) [Make] Except as otherwise provided in this paragraph, make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the ward which includes the designation of a beneficiary. The guardian is not required to petition the court for an order authorizing the guardian to utilize an asset which has a designated beneficiary, including the closure or discontinuance of the asset, for the benefit of a ward if:

             (1) The asset is the only liquid asset available with which to pay for the proper care, maintenance, education and support of the ward;

             (2) The asset, or the aggregate amount of all the assets if there is more than one type of asset, has a value that does not exceed $5,000; or

             (3) The asset is a bank account, investment fund or insurance policy and is required to be closed or discontinued in order for the ward to qualify for a federal program of public assistance.

      (c) Create for the benefit of the ward or others a revocable or irrevocable trust of the property of the estate.

 


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ê2007 Statutes of Nevada, Page 2032 (Chapter 430, SB 129)ê

 

      (d) Except as otherwise provided in this paragraph, exercise the right of the ward to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:

             (1) Evidences an intent of the ward to reserve the right of revocation or modification exclusively to the ward;

             (2) Provides expressly that a guardian may not revoke or modify the trust; or

             (3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.

      2.  The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the guardian proves by clear and convincing evidence that:

      (a) A person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the ward or estate of the ward and that person:

             (1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the ward; or

             (2) Will benefit from the lack of such an instrument; and

      (b) A reasonably prudent person or the ward, if competent, would take the proposed action.

      3.  The petition must be signed by the guardian and contain:

      (a) The name, date of birth and current address of the ward;

      (b) A concise statement as to the condition of the ward’s estate; and

      (c) A concise statement as to the necessity for the proposed action.

      4.  As used in this section:

      (a) “Exploitation” means any act taken by a person who has the trust and confidence of a ward or any use of the power of attorney of a ward to:

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the ward’s money, assets or property.

             (2) Convert money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of his money, assets or property.

Ê As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another.

      (b) “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the ward of the ward’s rights or property or to otherwise injure the ward.

      Sec. 6.  NRS 159.0805 is hereby amended to read as follows:

      159.0805  1.  Except as otherwise provided in subsection 2, a guardian shall not consent to:

      (a) The experimental [,] medical, biomedical or behavioral treatment of a ward;

      (b) The sterilization of a ward; or

      (c) The participation of a ward in any biomedical or behavioral experiment . [; or

      (d) The commitment of a ward to a mental health facility.]

 


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ê2007 Statutes of Nevada, Page 2033 (Chapter 430, SB 129)ê

 

      2.  The guardian may consent to and commence any treatment [,] or experiment [or commitment] described in subsection 1 if the guardian applies to and obtains from the court authority to consent to and commence the treatment [,] or experiment . [or commitment.]

      3.  The court may authorize the guardian to consent to and commence any treatment [,] or experiment [or commitment] described in subsection 1 only if the treatment [,] or experiment : [or commitment:]

      (a) Is of direct benefit to, and intended to preserve the life of or prevent serious impairment to the mental or physical health of, the ward; or

      (b) Is intended to assist the ward to develop or regain the ward’s abilities.

      Sec. 7.  NRS 159.113 is hereby amended to read as follows:

      159.113  1.  Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:

      (a) Invest the property of the ward [.] pursuant to NRS 159.117.

      (b) Continue the business of the ward [.] pursuant to NRS 159.119.

      (c) Borrow money for the ward [.] pursuant to NRS 159.121.

      (d) Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the performance of contracts of the ward [.] pursuant to NRS 159.123.

      (e) Make gifts from the ward’s estate or make expenditures for the ward’s relatives [.] pursuant to NRS 159.125.

      (f) Sell, lease [,] or place [into any type of] in trust [or surrender] any property of the ward [.] pursuant to NRS 159.127.

      (g) Exchange or partition the ward’s property [.

      (h) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the ward’s property.

      (i)] pursuant to NRS 159.175.

      (h) Release the power of the ward as trustee, personal representative, custodian for a minor or guardian.

      [(j)] (i) Exercise or release the power of the ward as a donee of a power of appointment.

      [(k)] (j) Change the state of residence or domicile of the ward.

      [(l)] (k) Exercise the right of the ward to take under or against a will.

      [(m)] (l) Transfer to a trust created by the ward any property unintentionally omitted from the trust.

      [(n)] (m) Submit a revocable trust to the jurisdiction of the court if:

             (1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or

             (2) The trust was created by the court.

      [(o) Take any other action which the guardian deems would be in the best interests of the ward.]

      2.  Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to:

      (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the ward’s property.

      (b) Take any other action which the guardian deems would be in the best interests of the ward.

 


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ê2007 Statutes of Nevada, Page 2034 (Chapter 430, SB 129)ê

 

      3.  The petition must be signed by the guardian and contain:

      (a) The name, age, residence and address of the ward.

      (b) A concise statement as to the condition of the ward’s estate.

      (c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.

      (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

      [3.] 4.  Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

      [4.] 5.  A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed , the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward [,] or [to] complete contracts of the ward.

      Sec. 8.  NRS 159.193 is hereby amended to read as follows:

      159.193  1.  The guardian of the estate is entitled to possession of the ward’s property and is authorized to perform the duties of the guardian to wind up the affairs of the guardianship:

      (a) For a period that is reasonable and necessary after the termination of the guardianship;

      (b) Except as otherwise provided in paragraph (c), for not more than [90] 180 days after the date of the appointment of a personal representative of the estate of a deceased ward; or

      (c) Upon approval of the court, for more than [90] 180 days if the guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate.

      2.  To wind up the affairs of the guardianship, the guardian shall:

      (a) Pay all expenses of administration of the guardianship estate, including those incurred in winding up the affairs of the guardianship.

      (b) Complete the performance of any contractual obligations incurred by the guardianship estate.

      (c) With prior approval of the court, continue any activity that:

             (1) The guardian believes is appropriate and necessary; or

             (2) Was commenced before the termination of the guardianship.

      (d) If the guardianship is terminated for a reason other than the death of the ward, examine and allow and pay, or reject, all claims presented to the guardian prior to the termination of the guardianship for obligations incurred prior to the termination.

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

________

 


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ê2007 Statutes of Nevada, Page 2035ê

 

CHAPTER 431, SB 73

Senate Bill No. 73–Senator Rhoads

 

CHAPTER 431

 

AN ACT relating to the State Legislature; providing for allowances for certain travel expenses incurred by Legislators during the legislative interim; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that each Legislator is entitled to receive, during the legislative interim, a travel allowance not to exceed a total of $3,000 for travel within the State to participate in a meeting of a legislative committee or subcommittee of which he is not a member or with an officer, employee, agency, board, bureau, commission, department, division, district or other unit of federal, state or local government or any other public entity regarding an issue relating to the State. The travel allowance applies only to trips that are 50 miles or more one way or 100 miles or more round trip. The travel allowance does not apply to travel that occurs after the Legislator has filed a declaration or an acceptance of candidacy for an elective office and remains a candidate for that office.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section and NRS 218.2207, each Senator and Assemblyman is entitled to receive, during the legislative interim, an allowance for travel within the State to participate in a meeting of a legislative committee or subcommittee of which he is not a member or with an officer, employee, agency, board, bureau, commission, department, division, district or other unit of federal, state or local government or any other public entity regarding an issue relating to the State.

      2.  The allowance for travel payable pursuant to this section applies only to trips whose one-way distance is 50 miles or more or whose round-trip distance is 100 miles or more.

      3.  The maximum allowance for travel payable to each Senator and Assemblyman pursuant to this section during a legislative interim is $3,000, except that no allowance for travel pursuant to this section is payable to a Senator or Assemblyman for travel that occurs during the legislative interim at any time after the date on which the Senator or Assemblyman has filed a declaration or an acceptance of candidacy for an elective office and remains a candidate for that office.

      4.  Transportation must be by the most economical means, considering total cost and time spent in transit. The allowance is:

      (a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

      (b) If the travel is not by private conveyance, the actual amount expended.

 


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ê2007 Statutes of Nevada, Page 2036 (Chapter 431, SB 73)ê

 

      5.  Claims made pursuant to this section must be paid from the Legislative Fund unless otherwise provided by specific statute. A claim must not be paid unless the Senator or Assemblyman submits a signed statement affirming:

      (a) The date of travel;

      (b) The purpose of the travel and of the participant’s attendance; and

      (c) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

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

________

 

CHAPTER 432, SB 43

Senate Bill No. 43–Committee on Transportation and Homeland Security

 

CHAPTER 432

 

AN ACT relating to traffic laws; prohibiting a person from organizing an unauthorized speed contest on a public highway; increasing the penalty for driving a vehicle in willful or wanton disregard of the safety of persons or property; increasing the penalty for driving a vehicle in an unauthorized speed contest on a public highway; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a person who drives a vehicle in willful or wanton disregard of the safety of persons or property or who drives a vehicle in an unauthorized speed contest on a public highway is guilty of a misdemeanor and may be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. In lieu of all or a part of the punishment, the convicted person may be sentenced to perform a fixed period of community service. (NRS 193.150, 484.377) Section 3 of this bill increases the penalty for committing either offense by establishing, in addition to the possibility of imprisonment in the county jail, a minimum fine of $250 for the first offense, $1,000 for the second offense and $1,500 for the third and each subsequent offense. A person convicted of driving a vehicle in an unauthorized speed contest on a public highway is also required to perform a minimum number of hours of community service. In addition to any fine, community service and imprisonment imposed upon a person convicted of driving a vehicle in an unauthorized speed contest on a public highway, the court must issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and, for the first offense, may issue an order impounding for 15 days any vehicle registered to the person convicted of such an offense if the vehicle is used in the commission of the offense. For the second and each subsequent offense, the court must issue an order impounding for 30 days any vehicle registered to the person convicted of such an offense if the vehicle is used in the commission of the offense. Section 3 also prohibits a person from organizing an unauthorized speed contest on a public highway and imposes the same penalties for such a violation as for a person who drives a vehicle in an unauthorized speed contest on a public highway.

 


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

ê2007 Statutes of Nevada, Page 2037 (Chapter 432, SB 43)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection [2] 5 of NRS 484.377.

             (2) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792.

             (3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

 


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ê2007 Statutes of Nevada, Page 2038 (Chapter 432, SB 43)ê

 

permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his first such offense during the period of required use of the device.

      (b) For 5 years, if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      Sec. 2.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484.3943:

      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which he is not eligible for a license, if he was convicted of:

                   (I) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

                   (II) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792;

 


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ê2007 Statutes of Nevada, Page 2039 (Chapter 432, SB 43)ê

 

             (2) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection [2] 5 of NRS 484.377; or

             (3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484.3943, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  After a driver’s license has been revoked or suspended pursuant to title 5 of NRS, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; or

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both;

      (b) To receive regularly scheduled medical care for himself or a member of his immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484.379, 484.3795 or 484.384;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 3.  NRS 484.377 is hereby amended to read as follows:

      484.377  1.  It is unlawful for a person to:

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.

      (b) Drive a vehicle in an unauthorized speed contest on a public highway.

      (c) Organize an unauthorized speed contest on a public highway.

 


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ê2007 Statutes of Nevada, Page 2040 (Chapter 432, SB 43)ê

 

Ê A violation of paragraph (a) or (b) of this subsection or subsection 1 of NRS 484.348 constitutes reckless driving.

      2.  A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense, shall be punished:

             (1) By a fine of not less than $250 but not more than $1,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, shall be punished:

             (1) By a fine of not less than $1,000 but not more than $1,500; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense, shall be punished:

             (1) By a fine of not less than $1,500 but not more than $2,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      3.  A person who violates paragraph (b) or (c) of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense:

             (1) Shall be punished by a fine of not less than $250 but not more than $1,000;

             (2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense:

             (1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;

             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense:

             (1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;

             (2) Shall perform 200 hours of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      4.  In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 3, the court:

      (a) Shall issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;

      (b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;

      (c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and

 


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ê2007 Statutes of Nevada, Page 2041 (Chapter 432, SB 43)ê

 

      (d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.

      5.  Unless a greater penalty is provided pursuant to subsection 4 of NRS 484.348, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years [, or] and by a fine of not less than $2,000 but not more than $5,000 . [, or by both fine and imprisonment.]

      [3.] 6.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484.348.

      7.  As used in this section, “organize” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.

________

 

CHAPTER 433, AB 497

Assembly Bill No. 497–Committee on Transportation

 

CHAPTER 433

 

AN ACT relating to transportation; revising provisions relating to services provided for the control of vehicular traffic related to a special event; requiring proof of insurance to be contained in an application for the registration of a motor vehicle; transferring certain duties for training peace officers from the Department of Motor Vehicles to the Department of Public Safety; revising provisions governing the revocation of driver’s licenses; prohibiting a person who has a temporary driver’s license from obtaining another temporary license in certain circumstances; revising provisions governing the issuance of motor vehicle insurance; revising provisions relating to the security that must be deposited when a report of certain motor vehicle accidents involving injury, death or damage to property is received by the Department of Motor Vehicles; requiring certain employees of the Nevada Transportation Authority to receive certain training; changing the name of the “Transportation Services Authority” to the “Nevada Transportation Authority”; requiring the Authority to appoint a Deputy Commissioner; providing the qualifications and duties of the Deputy Commissioner; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 


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ê2007 Statutes of Nevada, Page 2042 (Chapter 433, AB 497)ê

 

Legislative Counsel’s Digest:

      Existing law provides that the Nevada Highway Patrol may enter into a contract with any person to provide services for the control of vehicular traffic related to a special event. (NRS 480.340) Section 1 of this bill provides that any qualified personnel of the Department of Public Safety, as well as the Nevada Highway Patrol, may provide services for the control of vehicular traffic pursuant to the contract.

      Section 1.3 of this bill requires an application for the registration of a motor vehicle to contain proof satisfactory to the Department of Motor Vehicles that the applicant carries insurance on the vehicle, in lieu of signing a declaration indicating that he has provided the insurance. (NRS 482.215, 485.185)

      Section 1.7 of this bill transfers the duty of training peace officers in identifying and handling drivers who suffer from a diabetic condition or epileptic seizures from the Department of Motor Vehicles to the Department of Public Safety. (NRS 483.348)

      Existing law requires the Department of Motor Vehicles to revoke the driver’s license of a person who is convicted of certain felonies involving the use of a vehicle. Existing law further requires the Department to set aside the revocation during any period of imprisonment until the period of imprisonment is completed or until the person has been placed on residential confinement. (NRS 483.460) Sections 2, 11 and 12 of this bill provide instead that the revocation will resume when the Department is notified by the Department of Corrections or the Department of Public Safety that the person has completed his period of imprisonment or has been placed on residential confinement or parole.

      Existing law requires a law enforcement officer to revoke the driver’s license, permit or privilege to drive of a person who has a concentration of alcohol of 0.08 or more in his blood or breath or who is found to have a detectable amount of a prohibited substance in his blood or urine. The officer is required to advise the person of his right to administrative and judicial review of the revocation and to have a temporary license, valid for 7 days, which the officer must issue upon request. (NRS 484.385) In addition, if the person requests administrative review of the revocation, the Department of Motor Vehicles is required to issue an additional temporary license which is valid for a period sufficient to complete the administrative review. (NRS 484.387) Sections 3-6 of this bill provide that a person driving with a temporary permit is not entitled to receive an additional temporary permit if he is found again to have driven with a prohibited amount of alcohol in his blood or breath or a prohibited substance in his blood or urine.

      Existing law requires each owner of a motor vehicle to maintain a certain amount of insurance against bodily injury or death. (NRS 485.185) Section 7 of this bill requires that such insurance must be obtained from a company that is licensed and has been approved to do business in this State.

      Existing law requires the Department of Motor Vehicles to suspend the driver’s license or privilege to drive and the motor vehicle registrations of each owner of a motor vehicle involved in a motor vehicle accident involving injury or death when it is determined that the required security has not been deposited and the person has not been released from liability and has not executed an agreement to pay in installments. Existing law requires notice of the suspension to be sent to the person at least 10 days before the effective date of the suspension. (NRS 485.190) Section 8 of this bill requires the suspension to be effective immediately after the determination is made unless the person immediately deposits the security at the hearing.

      Under existing law, the Transportation Services Authority regulates fully regulated carriers, operators of tow cars and brokers of regulated services as provided for in chapter 706 of NRS. (NRS 706.151) Sections 13 and 23-25 of this bill change the name of the Transportation Services Authority to the Nevada Transportation Authority.

      Section 19 of this bill requires the Authority to adopt regulations specifying the training which its compliance enforcement officers must receive.

 


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ê2007 Statutes of Nevada, Page 2043 (Chapter 433, AB 497)ê

 

      Existing law allows the Authority to appoint a Deputy and employ other persons as needed. (NRS 706.176) Section 27 of this bill requires the Authority to appoint a Deputy Commissioner and sets forth the qualifications and duties for the position. Section 27 also requires the Authority to employ compliance enforcement officers and sets forth the duties for those positions.

      Existing law provides that an employee designated as an inspector or as Manager of Transportation by the Authority is a peace officer and has police powers. (NRS 289.320) Section 14 of this bill amends this provision to apply only to inspectors.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 480.340 is hereby amended to read as follows:

      480.340  1.  Except as otherwise provided in this section, the Chief of the Nevada Highway Patrol may enter into a contract with any person or governmental agency to provide services for the control of vehicular traffic related to or affected by any special event sponsored by the person or agency.

      2.  Any such contract:

      (a) Must require the sponsor of the special event to reimburse the Nevada Highway Patrol for the cost of the services provided.

      (b) May require the sponsor to furnish a bond to ensure that reimbursement is made.

      (c) Is subject to the following limitations:

             (1) The services provided pursuant to the contract must be provided by personnel of the Nevada Highway Patrol [.] or other qualified personnel of the Department.

             (2) The services required must not impair the ability of the Nevada Highway Patrol to perform its customary duties.

      3.  Any money received by the Nevada Highway Patrol pursuant to such a contract must be deposited with the State Treasurer for credit to the State Highway Fund.

      4.  As used in this section, “special event” has the meaning ascribed to it in NRS 484.900.

      Sec. 1.3.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Except as otherwise provided in NRS 482.294, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.

      3.  Each application must be made upon the appropriate form furnished by the Department and contain:

      (a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294, if applicable.

      (b) His residential address.

      (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

 


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ê2007 Statutes of Nevada, Page 2044 (Chapter 433, AB 497)ê

 

manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

      (e) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5 [,] :

            (1) Proof satisfactory to the Department or registered dealer that the applicant carries insurance on the vehicle, and if the insurance is not provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185, the applicant must meet the requirements of NRS 485.185 within 7 calendar days; and

             (2) A declaration signed by the applicant that he [has provided the insurance required by NRS 485.185 and] will maintain the insurance required by NRS 485.185 during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this paragraph.

      (f) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance:

             (1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

             (2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185; or

             (3) In another form satisfactory to the Department.

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.

      5.  For purposes of the evidence required by paragraph (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this State, may be declared as a fleet by the registered owner thereof on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this State or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      Sec. 1.7.  NRS 483.348 is hereby amended to read as follows:

      483.348  1.  Except as otherwise provided in subsection 2, the Department shall issue a driver’s license with a specially colored background to any person who qualifies for a driver’s license pursuant to the provisions of this chapter and delivers to the Department a signed statement from a physician that the person is an insulin dependent diabetic or an epileptic.

 


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ê2007 Statutes of Nevada, Page 2045 (Chapter 433, AB 497)ê

 

to any person who qualifies for a driver’s license pursuant to the provisions of this chapter and delivers to the Department a signed statement from a physician that the person is an insulin dependent diabetic or an epileptic. The Department shall designate one color to be used only for a driver’s license held by a diabetic and another color to be used only for a driver’s license held by an epileptic.

      2.  In lieu of issuing a driver’s license pursuant to subsection 1, the Department may issue to a person specified in that subsection a driver’s license with a specially colored border around the photograph on the license.

      3.  The Department of Public Safety shall provide for the education of peace officers on the:

      (a) Effects and treatment of a person suffering from [insulin shock] a diabetic condition or an epileptic seizure and the similarity in appearance of a person suffering from [insulin shock] a diabetic condition or an epileptic seizure to a person under the influence of alcohol or a controlled substance; and

      (b) Procedures for identifying and handling situations involving a person suffering from [insulin shock] a diabetic condition or an epileptic seizure.

      Sec. 2.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 2 of NRS 484.377.

             (2) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792.

             (3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume [upon completion of] when the Department is notified pursuant to section 11 or 12 of this act that the person has completed the period of imprisonment or [when] that the person [is] has been placed on residential confinement [.] or parole.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

 


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ê2007 Statutes of Nevada, Page 2046 (Chapter 433, AB 497)ê

 

             (5) A violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his first such offense during the period of required use of the device.

      (b) For 5 years, if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      Sec. 3.  NRS 484.385 is hereby amended to read as follows:

      484.385  1.  As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.08 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation [and to have a] pursuant to NRS 484.387 and, except as otherwise provided in this subsection, that he has a right to request a temporary license . [, and] If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484.387, he is not entitled to request an additional temporary license pursuant to this section or NRS 484.387, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue him a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance.

 


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ê2007 Statutes of Nevada, Page 2047 (Chapter 433, AB 497)ê

 

a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the Department along with the written certificate required by subsection 2.

      2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.08 or more in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

      3.  The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

      4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      Sec. 4.  NRS 484.385 is hereby amended to read as follows:

      484.385  1.  As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation [and to have a] pursuant to NRS 484.387 and, except as otherwise provided in this subsection, that he has a right to request a temporary license . [, and] If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484.387, he is not entitled to request an additional temporary license pursuant to this section or NRS 484.387, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue him a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance.

 


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ê2007 Statutes of Nevada, Page 2048 (Chapter 433, AB 497)ê

 

a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the Department along with the written certificate required by subsection 2.

      2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.10 or more in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 or more in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

      3.  The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

      4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      Sec. 5.  NRS 484.387 is hereby amended to read as follows:

      484.387  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the Department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The Director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. [The] Unless the person is ineligible for a temporary license pursuant to NRS 484.385, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

      2.  The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.08 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine.

 


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blood or urine. Upon an affirmative finding on this issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

      3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review.

      4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

      Sec. 6.  NRS 484.387 is hereby amended to read as follows:

      484.387  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the Department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The Director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. [The] Unless the person is ineligible for a temporary license pursuant to NRS 484.385, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

      2.  The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.10 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine. Upon an affirmative finding on this issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

      3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review.

      4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

      Sec. 7.  NRS 485.185 is hereby amended to read as follows:

      485.185  Every owner of a motor vehicle which is registered or required to be registered in this State shall continuously provide, while the motor vehicle is present or registered in this State, insurance [:] provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State:

 


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ê2007 Statutes of Nevada, Page 2050 (Chapter 433, AB 497)ê

 

      1.  In the amount of $15,000 for bodily injury to or death of one person in any one accident;

      2.  Subject to the limit for one person, in the amount of $30,000 for bodily injury to or death of two or more persons in any one accident; and

      3.  In the amount of $10,000 for injury to or destruction of property of others in any one accident,

Ê for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

      Sec. 8.  NRS 485.190 is hereby amended to read as follows:

      485.190  1.  If 20 days after the receipt of a report of an accident involving a motor vehicle within this State which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the Department does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 [of this section] has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the Department shall upon request set the matter for a hearing as provided in NRS 485.191.

      2.  The Department shall [, at any time] , immediately after a determination adverse to an operator or owner is made in a hearing pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this State, and, if the owner is a nonresident, the privilege of the use within this State of any motor vehicle owned by him, unless the operator or owner, or both, immediately deposit security in the sum so determined by the Department [. Notice of such a suspension must be sent by the Department to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security.] at the hearing. If erroneous information is given to the Department with respect to the matters set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the Department shall take appropriate action as provided in this section after it receives correct information with respect to those matters.

      Sec. 9.  NRS 485.301 is hereby amended to read as follows:

      485.301  1.  Whenever any person fails within 60 days to satisfy any judgment [,] that was entered as a result of an accident involving a motor vehicle, the judgment creditor or his attorney may forward to the Department immediately after the expiration of the 60 days a certified copy of the judgment.

      2.  If the defendant named in any certified copy of a judgment that was entered as a result of an accident involving a motor vehicle and reported to the Department is a nonresident, the Department shall transmit a certified copy of the judgment to the officer in charge of the issuance of licenses and registration certificates of the state in which the defendant is a resident.

      Sec. 10.  NRS 485.3099 is hereby amended to read as follows:

      485.3099  1.  The Department shall, upon request, consent to the immediate cancellation of any certificate of financial responsibility or waive the requirement of filing proof of financial responsibility, in [any of] the following events:

 


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      (a) [At any time after 3 years after the date the proof of financial responsibility was required when, during the 3-year period preceding the request, the Department has not received a record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration or nonresident’s operating privilege of the person by or for whom the proof of financial responsibility was furnished;

      (b)] The death of the person on whose behalf the proof of financial responsibility was filed or the permanent incapacity of the person to operate a motor vehicle; or

      [(c)] (b) If the person who is required to file proof of financial responsibility surrenders his license and registration to the Department.

      2.  If a person who surrenders his license and registration pursuant to paragraph [(c)] (b) of subsection 1 applies for a license or registration within a period of 3 years after the date proof of financial responsibility was originally required, the application must be refused unless the applicant reestablishes proof of financial responsibility for the remainder of the 3-year period.

      Sec. 11.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Director shall notify the Department of Motor Vehicles when a driver who has had his license, permit or privilege to drive revoked pursuant to NRS 483.460 has completed a period of imprisonment or is placed on residential confinement. The notification process must conform to the guidelines provided in regulation by the Department of Motor Vehicles pursuant to NRS 483.460. The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment or when the person is placed on residential confinement.

      Sec. 12.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Chief shall notify the Department of Motor Vehicles when a driver who has had his license, permit or privilege to drive revoked pursuant to NRS 483.460 is placed on parole. The notification process must conform to the guidelines provided in regulation by the Department of Motor Vehicles pursuant to NRS 483.460. The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment or when the person is placed on residential confinement.

      Sec. 13.  NRS 232.510 is hereby amended to read as follows:

      232.510  1.  The Department of Business and Industry is hereby created.

      2.  The Department consists of a Director and the following:

      (a) Consumer Affairs Division.

      (b) Division of Financial Institutions.

      (c) Housing Division.

      (d) Manufactured Housing Division.

      (e) Real Estate Division.

      (f) Division of Insurance.

      (g) Division of Industrial Relations.

      (h) Office of Labor Commissioner.

      (i) Taxicab Authority.

      (j) Nevada Athletic Commission.

 


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ê2007 Statutes of Nevada, Page 2052 (Chapter 433, AB 497)ê

 

      (k) Office of the Nevada Attorney for Injured Workers.

      (l) Nevada Transportation [Services] Authority.

      (m) Division of Mortgage Lending.

      (n) Any other office, commission, board, agency or entity created or placed within the Department pursuant to a specific statute, the budget approved by the Legislature or an executive order, or an entity whose budget or activities have been placed within the control of the Department by a specific statute.

      Sec. 14.  NRS 289.320 is hereby amended to read as follows:

      289.320  An employee of the Nevada Transportation [Services] Authority whom it designates as an inspector [or as Manager of Transportation] is a peace officer and has police power for the enforcement of the provisions of:

      1.  Chapters 706 and 712 of NRS and all regulations of the Nevada Transportation [Services] Authority or the Department of Motor Vehicles pertaining thereto; and

      2.  Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.

      Sec. 15.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 19, inclusive, of this act.

      Sec. 16.  “Chairman” means the person designated as Chairman of the Authority by the Governor pursuant to NRS 706.1512.

      Sec. 17.  “Compliance enforcement officer” means a person employed pursuant to NRS 706.176 whose duties include enforcing certain state statutes and regulations pertaining to motor carriers.

      Sec. 18.  “Deputy Commissioner” means the person appointed as Deputy Commissioner of the Authority pursuant to NRS 706.176.

      Sec. 19.  The Authority shall adopt regulations setting forth the training which a compliance enforcement officer employed by the Authority pursuant to NRS 706.176 must complete, including, without limitation, training in commercial vehicle safety inspections provided by the Nevada Highway Patrol.

      Sec. 20.  NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 16 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and sections 16, 17 and 18 of this act have the meanings ascribed to them in those sections.

      Sec. 21.  NRS 706.018 is hereby amended to read as follows:

      706.018  “Authority” means the Nevada Transportation [Services] Authority created pursuant to NRS 706.1511.

      Sec. 22.  NRS 706.151 is hereby amended to read as follows:

      706.151  1.  It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter:

      (a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, and sections 16 to 19, inclusive, of this act, to confer upon the Authority the power and to make it the duty of the Authority to regulate fully regulated carriers, operators of tow cars and brokers of regulated services to the extent provided in this chapter and to confer upon the Department of Motor Vehicles the power to license all motor carriers and to make it the duty of the Department of Motor Vehicles and the Department of Public Safety to enforce the provisions of this chapter and the regulations adopted by the Authority pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.

 


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ê2007 Statutes of Nevada, Page 2053 (Chapter 433, AB 497)ê

 

Safety to enforce the provisions of this chapter and the regulations adopted by the Authority pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.

      (b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.

      (c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor transportation.

      (d) To encourage the establishment and maintenance of reasonable charges for:

             (1) Intrastate transportation by fully regulated carriers; and

             (2) Towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,

Ê without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.

      (e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this State.

      2.  All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.

      Sec. 23.  NRS 706.1511 is hereby amended to read as follows:

      706.1511  1.  The Nevada Transportation [Services] Authority is hereby created.

      2.  The Authority consists of three members appointed by the Governor. After the initial term each member shall serve a term of 4 years.

      3.  The Governor shall appoint to the Authority members who have at least 2 years of experience in one or more of the following fields:

      (a) Accounting.

      (b) Business administration.

      (c) Economics.

      (d) Administrative law.

      (e) Transportation.

      (f) Professional engineering.

Ê At least one but not more than two of the members appointed must be residents of Clark County.

      4.  Not more than two of the members may be:

      (a) Members of the same political party.

      (b) From the same field of experience.

      5.  All of the members must be persons who are independent of the industries regulated by the Authority. No elected officer of this State or any political subdivision is eligible for appointment.

      6.  The members of the Authority shall give their entire time to the business of the Authority and shall not pursue any other business or vocation or hold any other office of profit.

 


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ê2007 Statutes of Nevada, Page 2054 (Chapter 433, AB 497)ê

 

      7.  Each member of the Authority serves at the pleasure of the Governor.

      Sec. 24.  NRS 706.1513 is hereby amended to read as follows:

      706.1513  The Authority may sue and be sued in the name of the Nevada Transportation [Services] Authority.

      Sec. 25.  NRS 706.1516 is hereby amended to read as follows:

      706.1516  1.  The Nevada Transportation [Services] Authority Regulatory Fund is hereby created as a special revenue fund. All money collected by the Authority pursuant to law must be deposited in the State Treasury for credit to the Fund.

      2.  Money in the Fund may be used only to defray the costs of:

      (a) Maintaining staff and equipment needed to regulate adequately persons subject to the jurisdiction of the Authority.

      (b) Participating in all proceedings relevant to the jurisdiction of the Authority.

      (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that maintenance and participation.

      (d) The salaries, travel expenses and subsistence allowances of the members of the Authority.

      3.  All claims against the Fund must be paid as other claims against the State are paid.

      4.  The Authority must furnish upon request a statement showing the balance remaining in the Fund as of the close of the preceding fiscal year.

      Sec. 26.  NRS 706.1715 is hereby amended to read as follows:

      706.1715  1.  The Attorney General shall:

      (a) Act as counsel and attorney for the Authority in all actions, proceedings and hearings.

      (b) Prosecute in the name of the Nevada Transportation [Services] Authority all civil actions for the enforcement of this chapter and for the recovery of any penalty or forfeiture provided for therein.

      (c) Generally aid the Authority in the performance of its duties and the enforcement of this chapter.

      2.  The Attorney General or any district attorney may prosecute any violation of this chapter or chapter 712 of NRS for which a criminal penalty is provided.

      Sec. 27.  NRS 706.176 is hereby amended to read as follows:

      706.176  1.  The Authority [may:

      1.  Appoint a Deputy who serves in the unclassified service of the State.

      2.  Employ] shall appoint a Deputy Commissioner who:

      (a) Must be knowledgeable and experienced in public administration and fiscal management;

      (b) Must be knowledgeable in the areas of motor carrier regulation by the Authority; and

      (c) Must be independent of and have no pecuniary interest in any entity regulated by the Authority.

      2.  The Deputy Commissioner shall:

      (a) Serve as Chief Financial Officer for the Authority and is responsible for directing the daily operation of the Authority, including, without limitation:

             (1) Budget preparation;

             (2) Administration;

             (3) Human resources;

 


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ê2007 Statutes of Nevada, Page 2055 (Chapter 433, AB 497)ê

 

             (4) Purchases and acquisitions made by the Authority; and

             (5) Contracts and leases entered into by the Authority;

      (b) Develop and implement policies and procedures to ensure the efficient operation of the Authority;

      (c) Oversee:

             (1) The review of applications for certificates, permits and modifications of tariffs;

             (2) The maintenance of a hearing calendar of all matters pending before the Authority; and

             (3) Compliance with and enforcement of State statutes and regulations pertaining to motor carriers which are regulated by the Authority; and

      (d) Authenticate documents and serve as custodian of all agency records.

      3.  The Deputy Commissioner is in the unclassified service of the State.

      4.  The Authority shall employ compliance enforcement officers whose duties shall include, without limitation, enforcement activities to ensure motor carriers are operating in compliance with State statutes and regulations, conducting operational inspections of motor carriers and investigating complaints against motor carriers.

      5.  The Authority may employ such other personnel as may be necessary.

      Sec. 28.  On October 1, 2007, the State Controller shall transfer all assets and liabilities from the Transportation Services Authority Regulatory Fund to the Nevada Transportation Authority Regulatory Fund created pursuant to section 25 of this act.

      Sec. 29.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 30.  1.  This section and section 1 of this act become effective upon passage and approval.

      2.  Sections 13 to 29, inclusive, of this act, become effective upon passage and approval for the purpose of adopting regulations and conducting any preliminary activities necessary to ensure that the provisions of this act are carried out in an orderly fashion and on October 1, 2007, for all other purposes.

      3.  Sections 1.3, 1.7, 3, 5 and 7 to 10, inclusive, of this act become effective on October 1, 2007.

      4.  Sections 2, 11 and 12 of this act become effective on March 1, 2008.

      5.  Sections 3 and 5 of this act expire by limitation on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

 


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ê2007 Statutes of Nevada, Page 2056 (Chapter 433, AB 497)ê

 

or greater as a condition to receiving federal funding for the construction of highways in this State.

      6.  Sections 4 and 6 of this act become effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

________

 

CHAPTER 434, AB 586

Assembly Bill No. 586–Committee on Taxation

 

CHAPTER 434

 

AN ACT relating to tobacco; revising certain provisions for the enforcement of taxes and restrictions on the sale and use of cigarettes to provide for the enforcement of taxes and restrictions on the sale and use of other tobacco products; requiring tobacco retailers to display certain notices concerning the sale of tobacco to minors; prohibiting the retail sale of cigarettes through the use of certain self-service displays; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the imposition, administration and enforcement of taxes on cigarettes. (NRS 370.001-370.430) Existing law provides separately for the imposition and administration of a tax on products made from tobacco, other than cigarettes. (NRS 370.440-370.503)

      Section 3 of this bill provides a common definition for such “other tobacco product.” Sections 2, 4, 9 and 25-28 of this bill assist in the enforcement of the tax on any “other tobacco product” by providing for the treatment of and imposition of criminal penalties regarding contraband “other tobacco products” in the same manner as contraband cigarettes.

      Section 41 of this bill requires a tobacco retailer to post a notice that the sale of tobacco to minors is prohibited by law and that the retailer may ask for proof of age to comply with this prohibition, and provides for the imposition of a fine for noncompliance with this requirement. Section 41 also prohibits the retail sale of cigarettes through the use of certain self-service displays and provides for the imposition of a fine for noncompliance with this prohibition.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Other counterfeit tobacco product” means any other tobacco product or tobacco product package bearing a false manufacturing label.

      Sec. 3.  “Other tobacco product” means any tobacco of any description or any product made from tobacco, other than cigarettes.

      Sec. 4.  “Tobacco product package” means the individual pack, box or other container that contains any other tobacco product. The term does not include a container that itself contains other containers.

 


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ê2007 Statutes of Nevada, Page 2057 (Chapter 434, AB 586)ê

 

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  NRS 370.001 is hereby amended to read as follows:

      370.001  As used in NRS 370.001 to 370.430, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 370.005 to 370.055, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 370.025 is hereby amended to read as follows:

      370.025  “Contraband [cigarettes”] tobacco products” means any:

      1.  Counterfeit cigarettes; [or]

      2.  Other counterfeit tobacco product; or

      3.  Cigarettes [:] or other tobacco product:

      (a) Exported from or imported into this State, or mailed, shipped, delivered, sold, exchanged, transported, distributed or held for distribution within the borders of this State by any person in violation of any of the provisions of this chapter; or

      (b) In any way held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess the cigarettes [.] or other tobacco product.

      Secs. 10-24.  (Deleted by amendment.)

      Sec. 25.  NRS 370.405 is hereby amended to read as follows:

      370.405  1.  It is unlawful for any person knowingly to sell or to possess for the purpose of sale any [counterfeit cigarettes.] contraband tobacco products. The presence of [counterfeit cigarettes in a cigarette] any contraband tobacco products in a vending machine is prima facie evidence of the purpose to sell those [cigarettes.] products.

      2.  A person who violates any provision of subsection 1 is guilty of:

      (a) For the first offense involving [less than 400 cigarettes,] contraband tobacco products having a value of $25 or more but less than $250, a misdemeanor.

      (b) For each subsequent offense involving [less than 400 cigarettes,] contraband tobacco products having a value of $25 or more but less than $250, a category D felony and shall be punished as provided in NRS 193.130.

      (c) For the first offense involving [400 or more cigarettes,] contraband tobacco products having a value of $250 or more, a gross misdemeanor.

      (d) For each subsequent offense involving [400 or more cigarettes,] contraband tobacco products having a value of $250 or more, a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 26.  NRS 370.410 is hereby amended to read as follows:

      370.410  Except as otherwise provided in NRS 370.405, any person exporting, importing, possessing or constructively possessing contraband [cigarettes] tobacco products is guilty of a gross misdemeanor.

      Sec. 27.  NRS 370.413 is hereby amended to read as follows:

      370.413  In order to obtain evidence of any violation of this chapter, the Department, its agents, and all peace officers and revenue-collecting officers of this State may enter and inspect, without a warrant during normal business hours and with a warrant at any other time:

      1.  The facilities and records of any manufacturer, wholesale dealer or retail dealer; and

      2.  Any other place where they may have reason to believe contraband [cigarettes] tobacco products are stored, warehoused or kept for sale.

 


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ê2007 Statutes of Nevada, Page 2058 (Chapter 434, AB 586)ê

 

      Sec. 28.  NRS 370.415 is hereby amended to read as follows:

      370.415  1.  The Department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any counterfeit stamps and any contraband [cigarettes] tobacco products and machinery used to manufacture contraband [cigarettes,] tobacco products, found or located in the State of Nevada.

      2.  A sheriff or other peace officer who seizes stamps, [cigarettes] contraband tobacco products or machinery pursuant to this section shall provide written notification of the seizure to the Department not later than 5 working days after the seizure. The notification must include the reason for the seizure.

      3.  After consultation with the Department, the sheriff or other peace officer shall transmit the [cigarettes] contraband tobacco products to the Department if:

      (a) The contraband tobacco products consist of cigarettes [, except] and:

             (1) Except for revenue stamps or metered machine impressions being properly affixed as required by this chapter, the cigarettes comply with all state and federal statutes and regulations; and

      [(b)] (2) The Department approves the transmission of the cigarettes [.] ; or

      (b) The contraband tobacco products consist of any other tobacco products and the Department approves the transmission of the other tobacco products.

      4.  Upon the receipt of [the cigarettes,] any:

      (a) Cigarettes pursuant to subsection 3, the Department shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270 [.] ; or

      (b) Other tobacco products pursuant to subsection 3, the Department shall:

             (1) Sell the other tobacco products to the highest bidder among the licensed wholesale dealers in this State after due notice to all licensed Nevada wholesale dealers has been given by mail to the addresses contained in the Department’s records; or

             (2) If there is no bidder, or in the opinion of the Department the quantity of the other tobacco products is insufficient, or for any other reason such disposition would be impractical, destroy or dispose of the other tobacco products as the Department may see fit.

Ê The proceeds of all sales pursuant to this paragraph must be classed as revenues derived under the provisions of NRS 370.440 to 370.503, inclusive.

      5.  The sheriff or other peace officer who seizes any stamps, [cigarettes] contraband tobacco products or machinery pursuant to this section shall:

      (a) Destroy the stamps and machinery; and

      (b) If he does not transmit the [cigarettes] contraband tobacco products to the Department, destroy the [cigarettes.] contraband tobacco products.

      Secs. 29-40.  (Deleted by amendment.)

      Sec. 41.  NRS 202.2493 is hereby amended to read as follows:

      202.2493  1.  A person shall not sell, distribute or offer to sell cigarettes or smokeless products made from tobacco in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100.

 


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ê2007 Statutes of Nevada, Page 2059 (Chapter 434, AB 586)ê

 

      2.  Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description or products made from tobacco to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.

      3.  A person shall be deemed to be in compliance with the provisions of subsection 2 if, before he sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description or products made from tobacco, he:

      (a) Demands that the person present a valid driver’s license or other written or documentary evidence which shows that the person is 18 years of age or older;

      (b) Is presented a valid driver’s license or other written or documentary evidence which shows that the person is 18 years of age or older; and

      (c) Reasonably relies upon the driver’s license or written or documentary evidence presented by the person.

      4.  The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made from tobacco in the course of the child’s lawful employment, provide tobacco or products made from tobacco to the child.

      5.  With respect to any sale made by his employee, the owner of a retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if he:

      (a) Had no actual knowledge of the sale; and

      (b) Establishes and carries out a continuing program of training for his employees which is reasonably designed to prevent violations of subsection 2.

      6.  The owner of a retail establishment shall, whenever any product made from tobacco is being sold or offered for sale at the establishment, display prominently at the point of sale a notice indicating that:

      (a) The sale of cigarettes and other tobacco products to minors is prohibited by law; and

      (b) The retailer may ask for proof of age to comply with this prohibition.

Ê A person who violates this subsection shall be punished by a fine of not more than $100.

      7.  It is unlawful for any retailer to sell cigarettes through the use of any type of display:

      (a) Which contains cigarettes and is located in any area to which customers are allowed access; and

      (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,

Ê except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.

      8.  Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.

 


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ê2007 Statutes of Nevada, Page 2060 (Chapter 434, AB 586)ê

 

      Sec. 42.  NRS 202.24935 is hereby amended to read as follows:

      202.24935  1.  It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description or products made from tobacco to a child under the age of 18 years through the use of the Internet.

      2.  A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection [6] 8 of NRS 202.2493.

      3.  Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description or products made from tobacco through the use of the Internet shall adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or the words “tobacco products,” and that the person complies with the provisions of 15 U.S.C. § 376. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

________

 

CHAPTER 435, SB 123

Senate Bill No. 123–Senator Care

 

CHAPTER 435

 

AN ACT relating to public records; requiring a governmental entity to take certain action in response to a written request to inspect or copy a public book or record; making various changes regarding the confidentiality of records; authorizing a person to apply to a district court for an order to allow the person to inspect or copy certain confidential public books or records that have been in the custody of a governmental entity for a certain period; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, all public books and records of a governmental entity, the contents of which are not otherwise declared by law to be confidential or which the governmental entity determines pursuant to a balancing test must not be disclosed, must be open at all times during office hours for inspection and copying. (NRS 239.010; Donrey v. Bradshaw, 106 Nev. 630 (1990))

      Section 4 of this bill provides that if a governmental entity receives a written request to inspect or copy a public book or record, the governmental entity must, within 5 business days after the date on which the person who has legal custody or control of the book or record has received the request: (1) allow the requester to inspect or copy the public book or record; (2) if the governmental entity does not have legal custody or control of the public book or record, notify the requester of that fact and where, if known, the public book or record is located; (3) if the governmental entity cannot make the public book or record available within 5 business days, notify the requester of the date and time when the book or record will be available; or (4) if the public book or record is confidential, notify the requester of that fact in writing, including a citation to the legal authority that makes the book or record confidential.

 


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ê2007 Statutes of Nevada, Page 2061 (Chapter 435, SB 123)ê

 

fact and where, if known, the public book or record is located; (3) if the governmental entity cannot make the public book or record available within 5 business days, notify the requester of the date and time when the book or record will be available; or (4) if the public book or record is confidential, notify the requester of that fact in writing, including a citation to the legal authority that makes the book or record confidential.

      With certain exceptions, section 6 of this bill provides that, notwithstanding any provision of law that has declared a public book or record, or a part thereof, to be confidential, once a public book or record has been in the legal custody or control of one or more governmental entities for a period of at least 30 years, a person may apply to the appropriate district court for an order allowing him to inspect or copy the public book or record. If the public book or record pertains to a natural person, a person may not apply for such a court order until 30 years after the book or record has been in the legal custody or control of a governmental entity or the death of the person to whom the book or record pertains, whichever is later. Section 218 of this bill clarifies that a person may apply for such an order on or after October 1, 2007, the effective date of the bill, to inspect or copy public books or records that already meet the conditions set forth in section 6.

      Section 5 of this bill provides that in any judicial or administrative proceeding in which the confidentiality of a public book or record is at issue and the governmental entity that has legal custody or control of the public book or record asserts that the public book or record is confidential, the governmental entity has the burden of proving such confidentiality.

      Section 8 of this bill provides that a governmental entity shall not deny a request to inspect or copy a public book or record because the public book or record contains information that is confidential if the governmental entity can redact the confidential information.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  The Legislature hereby finds and declares that:

      1.  The purpose of this chapter is to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law;

      2.  The provisions of this chapter must be construed liberally to carry out this important purpose; and

      3.  Any exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  1.  Not later than the end of the fifth business day after the date on which the person who has legal custody or control of a public book or record of a governmental entity receives a written request from a person to inspect or copy the public book or record, a governmental entity shall do one of the following, as applicable:

      (a) Allow the person to inspect or copy the public book or record.

      (b) If the governmental entity does not have legal custody or control of the public book or record, provide to the person, in writing:

             (1) Notice of that fact; and

             (2) The name and address of the governmental entity that has legal custody or control of the public book or record, if known.

      (c) Except as otherwise provided in paragraph (d), if the governmental entity is unable to make the public book or record available by the end of the fifth business day after the date on which the person who has legal custody or control of the public book or record received the request, provide to the person, in writing:

 


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ê2007 Statutes of Nevada, Page 2062 (Chapter 435, SB 123)ê

 

the fifth business day after the date on which the person who has legal custody or control of the public book or record received the request, provide to the person, in writing:

             (1) Notice of that fact; and

             (2) A date and time after which the public book or record will be available for the person to inspect or copy. If the public book or record is not available to the person to inspect or copy by that date and time, the person may inquire regarding the status of the request.

      (d) If the governmental entity must deny the person’s request to inspect or copy the public book or record because the public book or record, or a part thereof, is confidential, provide to the person, in writing:

             (1) Notice of that fact; and

             (2) A citation to the specific statute or other legal authority that makes the public book or record, or a part thereof, confidential.

      2.  The provisions of this section must not be construed to prohibit an oral request to inspect or copy a public book or record.

      Sec. 5.  Except as otherwise provided in section 6 of this act, if:

      1.  The confidentiality of a public book or record, or a part thereof, is at issue in a judicial or administrative proceeding; and

      2.  The governmental entity that has legal custody or control of the public book or record asserts that the public book or record, or a part thereof, is confidential,

Ê the governmental entity has the burden of proving by a preponderance of the evidence that the public book or record, or a part thereof, is confidential.

      Sec. 6.  1.  Except as otherwise provided in this subsection and subsection 3, notwithstanding any provision of law that has declared a public book or record, or a part thereof, to be confidential, if a public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years, a person may apply to the district court of the county in which the governmental entity that currently has legal custody or control of the public book or record is located for an order directing that governmental entity to allow the person to inspect or copy the public book or record, or a part thereof. If the public book or record pertains to a natural person, a person may not apply for an order pursuant to this subsection until the public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years or until the death of the person to whom the public book or record pertains, whichever is later.

      2.  There is a rebuttable presumption that a person who applies for an order as described in subsection 1 is entitled to inspect or copy the public book or record, or a part thereof, that he seeks to inspect or copy.

      3.  The provisions of subsection 1 do not apply to any book or record:

      (a) Declared confidential pursuant to subsection 4 of NRS 463.120.

      (b) Containing personal information pertaining to a victim of crime that has been declared by law to be confidential.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  NRS 239.010 is hereby amended to read as follows:

      239.010  1.  [All] Except as otherwise provided in subsection 2, all public books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

 


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ê2007 Statutes of Nevada, Page 2063 (Chapter 435, SB 123)ê

 

copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      3.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      [3.] 4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record shall not refuse to provide a copy of that public record in a readily available medium because he has already prepared or would prefer to provide the copy in a different medium.

      Sec. 9.  NRS 239.0105 is hereby amended to read as follows:

      239.0105  1.  Records of a local governmental entity are confidential and not public books or records within the meaning of NRS 239.010 if:

      (a) The records contain the name, address, telephone number or other identifying information of a natural person; and

      (b) The natural person whose name, address, telephone number or other identifying information is contained in the records provided such information to the local governmental entity for the purpose of:

             (1) Registering with or applying to the local governmental entity for the use of any recreational facility or portion thereof that the local governmental entity offers for use through the acceptance of reservations; or

             (2) On his own behalf or on behalf of a minor child, registering or enrolling with or applying to the local governmental entity for participation in an instructional or recreational activity or event conducted, operated or sponsored by the local governmental entity.

      2.  The records described in subsection 1 must be disclosed by a local governmental entity only pursuant to:

      (a) A subpoena or court order, lawfully issued, requiring the disclosure of such records;

      (b) An affidavit of an attorney setting forth that the disclosure of such records is relevant to an investigation in anticipation of litigation; [or]

      (c) A request by a reporter or editorial employee for the disclosure of such records, if the reporter or editorial employee is employed by or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station [.] ; or

      (d) The provisions of section 6 of this act.

      3.  Except as otherwise provided by specific statute or federal law, a natural person shall not provide, and a local governmental entity shall not require, the social security number of any natural person for the purposes described in subparagraphs (1) and (2) of paragraph (b) of subsection 1.

 


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ê2007 Statutes of Nevada, Page 2064 (Chapter 435, SB 123)ê

 

require, the social security number of any natural person for the purposes described in subparagraphs (1) and (2) of paragraph (b) of subsection 1.

      4.  As used in this section, unless the context otherwise requires, “local governmental entity” has the meaning ascribed to it in NRS 239.121.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 239C.140 is hereby amended to read as follows:

      239C.140  1.  Except as otherwise provided in subsections 2 and 3, the Commission shall comply with the provisions of chapter 241 of NRS and all meetings of the Commission must be conducted in accordance with that chapter.

      2.  The Commission may hold a closed meeting to:

      (a) Receive security briefings;

      (b) Discuss procedures for responding to acts of terrorism and related emergencies; or

      (c) Discuss deficiencies in security with respect to public services, public facilities and infrastructure,

Ê if the Commission determines, upon a majority vote of its members, that the public disclosure of such matters would be likely to compromise, jeopardize or otherwise threaten the safety of the public.

      3.  [All] Except as otherwise provided in section 6 of this act, all information and materials received or prepared by the Commission during a meeting closed pursuant to subsection 2 and all minutes and audiovisual or electronic reproductions of such a meeting are confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      Sec. 12.  NRS 239C.250 is hereby amended to read as follows:

      239C.250  1.  Each political subdivision shall adopt and maintain a response plan. Each new or revised plan must be filed within 10 days after adoption or revision with:

      (a) The Division; and

      (b) Each response agency that provides services to the political subdivision.

      2.  The response plan required by subsection 1 must include:

      (a) A drawing or map of the layout and boundaries of the political subdivision;

      (b) A drawing or description of the streets and highways within, and leading into and out of, the political subdivision, including any approved routes for evacuation;

      (c) The location and inventory of emergency response equipment and resources within the political subdivision;

      (d) The location of any unusually hazardous substances within the political subdivision;

      (e) A telephone number that may be used by residents of the political subdivision to receive information and to make reports with respect to an act of terrorism or related emergency;

      (f) The location of one or more emergency response command posts that are located within the political subdivision;

      (g) A depiction of the location of each police station, sheriff’s office and fire station that is located within the political subdivision;

      (h) Plans for the continuity of the operations and services of the political subdivision, which plans must be consistent with the provisions of NRS 239C.260; and

 


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ê2007 Statutes of Nevada, Page 2065 (Chapter 435, SB 123)ê

 

      (i) Any other information that the Commission may determine to be relevant.

      3.  [A] Except as otherwise provided in section 6 of this act, a plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the entities with whom it is filed pursuant to subsection 1. An officer, employee or other person to whom the plan is entrusted by the entity with whom it is filed shall not disclose the contents of such a plan except:

      (a) Upon the lawful order of a court of competent jurisdiction; [or]

      (b) As is reasonably necessary in the case of an act of terrorism or related emergency [.] ; or

      (c) Pursuant to the provisions of section 6 of this act.

      Sec. 13.  NRS 239C.270 is hereby amended to read as follows:

      239C.270  1.  Each utility shall:

      (a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility; and

      (b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility.

      2.  Each utility shall:

      (a) As soon as practicable but not later than December 31, 2003, submit its vulnerability assessment and emergency response plan to the Division; and

      (b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.

      3.  [Each] Except as otherwise provided in section 6 of this act, each vulnerability assessment and emergency response plan of a utility and any other information concerning a utility that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or control of the information.

      4.  A person shall not disclose such information, except:

      (a) Upon the lawful order of a court of competent jurisdiction;

      (b) As is reasonably necessary to carry out the provisions of this section or the operations of the utility, as determined by the Division; [or]

      (c) As is reasonably necessary in the case of an emergency involving public health or safety, as determined by the Division [.] ; or

      (d) Pursuant to the provisions of section 6 of this act.

      5.  If a person knowingly and unlawfully discloses such information or assists, solicits or conspires with another person to disclose such information, the person is guilty of:

      (a) A gross misdemeanor; or

      (b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:

             (1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or

             (2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.

 


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ê2007 Statutes of Nevada, Page 2066 (Chapter 435, SB 123)ê

 

      Sec. 14.  NRS 240.007 is hereby amended to read as follows:

      240.007  1.  Except as otherwise provided in subsection 2, information and documents filed with or obtained by the Secretary of State pursuant to NRS 240.001 to 240.169, inclusive, are public information and are available for public examination.

      2.  Except as otherwise provided in subsections 3 and 4 [,] and in section 6 of this act, information and documents obtained by or filed with the Secretary of State in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, are not public information and are confidential.

      3.  The Secretary of State may submit any information or evidence obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, to the appropriate district attorney for the purpose of prosecuting a criminal action.

      4.  The Secretary of State may disclose any information or documents obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, to an agency of this State or a political subdivision of this State.

      Sec. 15.  NRS 1.4683 is hereby amended to read as follows:

      1.4683  1.  Except as otherwise provided in this section and NRS 1.4693 [,] and section 6 of this act, all proceedings of the Commission must remain confidential until the Commission makes a determination pursuant to NRS 1.467 and the prosecuting attorney files a formal statement of charges.

      2.  The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the Commission or its staff in the course of its work and relating to the alleged misconduct or incapacity of a judge.

      3.  The Commission shall disclose:

      (a) The report of a proceeding before the Commission; and

      (b) All testimony given and all materials filed in connection with such a proceeding,

Ê if a witness is prosecuted for perjury committed during the course of that proceeding.

      4.  If the Commission determines at any stage in a disciplinary proceeding that there is an insufficient factual or legal basis to proceed, the Commission shall dismiss the complaint and may, at the request of the justice or judge named in the complaint, publicly issue an explanatory statement.

      5.  The Commission may issue press releases and other public statements to:

      (a) Explain the nature of its jurisdiction;

      (b) Explain the procedure for filing a complaint;

      (c) Explain limitations upon its powers and authority; and

      (d) Report on the conduct of its affairs.

Ê Such releases and statements must not, without the consent of the justice or judge concerned, disclose by name, position, address or other information the identity of a justice or judge or other person involved in a proceeding then pending before the Commission or that has been resolved without an order of censure, removal or retirement, unless formal charges have been filed after a determination pursuant to NRS 1.467.

      6.  The Commission may, without disclosing the name of or any details that may identify the justice or judge involved, disclose the existence of a proceeding before it to the State Board of Examiners and the Interim Finance Committee to obtain additional money for its operation from the Contingency Fund established pursuant to NRS 353.266.

 


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proceeding before it to the State Board of Examiners and the Interim Finance Committee to obtain additional money for its operation from the Contingency Fund established pursuant to NRS 353.266.

      7.  No record of any medical examination, psychiatric evaluation or other comparable professional record made for use in an informal resolution pursuant to subsection 1 of NRS 1.4665 may be made public at any time without the consent of the justice or judge concerned.

      Sec. 16.  (Deleted by amendment.)

      Sec. 17.  NRS 62E.620 is hereby amended to read as follows:

      62E.620  1.  The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:

      (a) An unlawful act in violation of NRS 484.379, 484.3795 or 484.37955;

      (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

      (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.

      2.  Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to chapter 641C of NRS to make that classification; or

      (b) A physician who is certified to make that classification by the Board of Medical Examiners.

      3.  If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:

      (a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;

      (b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and

      (c) Is in good standing with the regulatory agency in the other state.

      4.  The evaluation of the child may be conducted at an evaluation center.

      5.  The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.

      6.  The juvenile court shall:

      (a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.

      (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

      (c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:

 


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ê2007 Statutes of Nevada, Page 2068 (Chapter 435, SB 123)ê

 

             (1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

             (2) The juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.

      7.  After a treatment facility has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  The provisions of this section do not prohibit the juvenile court from:

      (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      9.  [All] Except as otherwise provided in section 6 of this act, all information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:

      (a) The juvenile court;

      (b) The child;

      (c) The attorney for the child, if any;

      (d) The parents or guardian of the child;

      (e) The district attorney; and

      (f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.

      10.  A record of any finding that a child has violated the provisions of NRS 484.379, 484.3795 or 484.37955 must be included in the driver’s record of that child for 7 years after the date of the offense.

      Sec. 18.  NRS 62H.220 is hereby amended to read as follows:

      62H.220  1.  For each child adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the Division of Child and Family Services shall collect from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services:

      (a) The information listed in NRS 62H.210;

      (b) The name of the child; and

      (c) All information concerning programs of treatment in which the child participated that:

             (1) Were directly related to the delinquent act committed by the child; or

 


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             (2) Were designed or utilized to prevent the commission of another such act by the child in the future.

      2.  The Division of Child and Family Services shall provide the information collected pursuant to subsection 1 to the Central Repository for use in the program established pursuant to NRS 179A.270, 179A.280 and 179A.290.

      3.  [All] Except as otherwise provided in section 6 of this act, all information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 179A.290.

      4.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      (g) Open or gross lewdness pursuant to NRS 201.210;

      (h) Indecent or obscene exposure pursuant to NRS 201.220;

      (i) Lewdness with a child pursuant to NRS 201.230;

      (j) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (k) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;

      (l) Annoyance or molestation of a minor pursuant to NRS 207.260;

      (m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive;

      (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      (o) An offense committed in another jurisdiction that, if committed in this State, would have been an offense listed in this subsection.

      Sec. 19.  NRS 90.730 is hereby amended to read as follows:

      90.730  1.  Except as otherwise provided in subsection 2, information and records filed with or obtained by the Administrator are public information and are available for public examination.

      2.  Except as otherwise provided in subsections 3 and 4 [,] and section 6 of this act, the following information and records do not constitute public information under subsection 1 and are confidential:

      (a) Information or records obtained by the Administrator in connection with an investigation concerning possible violations of this chapter; and

      (b) Information or records filed with the Administrator in connection with a registration statement filed under this chapter or a report under NRS 90.390 which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by law.

      3.  The Administrator may submit any information or evidence obtained in connection with an investigation to the:

      (a) Attorney General or appropriate district attorney for the purpose of prosecuting a criminal action under this chapter; and

 


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      (b) Department of Taxation for its use in carrying out the provisions of chapter 363A of NRS.

      4.  The Administrator may disclose any information obtained in connection with an investigation pursuant to NRS 90.620 to the agencies and administrators specified in subsection 1 of NRS 90.740 but only if disclosure is provided for the purpose of a civil, administrative or criminal investigation or proceeding, and the receiving agency or administrator represents in writing that under applicable law protections exist to preserve the integrity, confidentiality and security of the information.

      5.  This chapter does not create any privilege or diminish any privilege existing at common law, by statute, regulation or otherwise.

      Sec. 20.  NRS 91.160 is hereby amended to read as follows:

      91.160  1.  This chapter must be administered by the Administrator of the Securities Division of the Office of the Secretary of State.

      2.  It is unlawful for the Administrator or any employee of the Administrator to use for personal benefit any information which is filed with or obtained by the Administrator and which is not made public. It is unlawful for the Administrator or any employee of the Administrator to conduct any dealings regarding a security or commodity based upon any such information, even though made public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.

      3.  Except as otherwise provided in subsection 4, all information and materials collected, assembled or maintained by the Administrator are public records.

      4.  [The] Except as otherwise provided in section 6 of this act, the following information is confidential:

      (a) Information obtained in private investigations pursuant to NRS 91.300; and

      (b) Information obtained from federal agencies which may not be disclosed under federal law.

      5.  The Administrator in his discretion may disclose any information made confidential under subsection 4 to persons identified in subsection 1 of NRS 91.170.

      6.  No provision of this chapter either creates or derogates any privilege which exists at common law, by statute or otherwise when any record or other evidence is sought under subpoena directed to the Administrator or any employee of the Administrator.

      Sec. 21.  NRS 116.757 is hereby amended to read as follows:

      116.757  1.  Except as otherwise provided in this section [,] and section 6 of this act, a written affidavit filed with the Division pursuant to NRS 116.760, all documents and other information filed with the written affidavit and all documents and other information compiled as a result of an investigation conducted to determine whether to file a formal complaint with the Commission are confidential.

      2.  A formal complaint filed with the Commission and all documents and other information considered by the Commission or a hearing panel when determining whether to impose discipline or take other administrative action pursuant to NRS 116.745 to 116.795, inclusive, are public records.

      Sec. 22.  NRS 116A.270 is hereby amended to read as follows:

      116A.270  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Division alleging a violation of this chapter or chapter 116 of NRS, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

 


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of this chapter or chapter 116 of NRS, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other charging documents filed with the Commission to initiate disciplinary action and all documents and other information considered by the Commission or a hearing panel when determining whether to impose discipline are public records.

      Sec. 23.  NRS 118B.026 is hereby amended to read as follows:

      118B.026  1.  The Administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto, investigate the alleged violation. The Administrator or his representative shall, upon request, furnish identification during an investigation. [Any] Except as otherwise provided in section 6 of this act, any information obtained by the Administrator or his representative in the investigation of a complaint, including the name of the complainant, is confidential and must not be disclosed unless so ordered by the Administrator or a court of competent jurisdiction.

      2.  If the Administrator finds a violation of the provisions of this chapter or of any regulation adopted pursuant thereto, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the Administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken.

      3.  If the person to whom a notice of violation is directed fails to take the corrective action required, the Administrator may:

      (a) Extend the time for corrective action;

      (b) Request the district attorney of the county in which the violation is alleged to have occurred to prepare a complaint and procure the issuance of a summons to the person for the violation; or

      (c) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance. In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees to the prevailing party.

Ê The Administrator may, in addition to or in lieu of any action authorized by paragraph (a), (b) or (c), impose a fine pursuant to NRS 118B.251.

      4.  Any person who violates a provision of this chapter, or a regulation adopted pursuant thereto, shall pay for the cost incurred by the division in enforcing the provision.

      Sec. 24.  NRS 119.260 is hereby amended to read as follows:

      119.260  1.  The Administrator may issue orders directing persons to desist and refrain from engaging in activities for which they are not licensed under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter.

      2.  A person who has violated any of the provisions of this chapter shall not engage in any activity for which a license issued pursuant to this chapter is required after receiving an order in writing from the Administrator directing him to desist and refrain from so doing.

      3.  Within 30 days after the receipt of such an order, the person may file a verified petition with the Administrator for a hearing.

 


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      4.  The Administrator shall hold a hearing within 30 days after the petition has been filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.

      5.  If the decision of the Administrator after a hearing is against the person ordered to cease and desist, he may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which he conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the Administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the Administrator in making the decision.

      6.  In lieu of issuing an order to cease and desist, if the developer is conducting activities in a manner not in compliance with the provisions of this chapter, the Administrator may enter into an agreement with the developer in which the developer agrees to:

      (a) Discontinue the activities that are not in compliance with this chapter;

      (b) Pay all costs incurred by the Division in investigating the developer’s activities and conducting any necessary hearing; and

      (c) Return to the purchasers any money or property which he acquired through such activities.

Ê [The] Except as otherwise provided in section 6 of this act, the terms of such an agreement are confidential unless violated by the developer.

      Sec. 25.  NRS 119A.280 is hereby amended to read as follows:

      119A.280  1.  The Administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received a permit under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter or the regulations adopted pursuant thereto.

      2.  The order to cease must be in writing and must state that, in the opinion of the Administrator, the developer has not been issued a permit for the activity or the terms of the permit do not allow the developer to conduct the activity in that manner. The developer shall not engage in any activity regulated by this chapter after he receives such an order.

      3.  Within 30 days after receiving such an order, a developer may file a verified petition with the Administrator for a hearing. The Administrator shall hold a hearing within 30 days after the petition has been filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.

      4.  If the decision of the Administrator after a hearing is against the person ordered to cease and desist, he may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which he conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the Administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the Administrator in making the decision.

 


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      5.  In lieu of the issuance of an order to cease such activities, the Administrator may enter into an agreement with the developer in which the developer agrees to:

      (a) Discontinue the activities that are not in compliance with this chapter;

      (b) Pay all costs incurred by the Division in investigating the developer’s activities and conducting any necessary hearings; and

      (c) Return to the purchasers any money or property which he acquired through such violations.

Ê [The] Except as otherwise provided in section 6 of this act, the terms of such an agreement are confidential unless violated by the developer.

      Sec. 26.  NRS 119B.370 is hereby amended to read as follows:

      119B.370  1.  The Administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received a permit under this chapter or conducting activities in a manner not in compliance with the terms of his permit.

      2.  The order to cease must be in writing and must state that, in the opinion of the Administrator, the developer has not been issued a permit for the activity or the terms of the permit do not allow the developer to conduct the activity in that manner. The developer shall not engage in any activity regulated by this chapter after he receives such an order.

      3.  Within 30 days after receiving such an order, a developer may file a verified petition with the Administrator for a hearing. The Administrator shall hold a hearing within 30 days after the petition is filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the order to cease is rescinded.

      4.  If the decision of the Administrator after a hearing is against the person ordered to cease, he may obtain judicial review from that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which he conducted the activity. The burden of proof is on the petitioner. The court shall consider the decision of the Administrator which is being reviewed and shall consider and determine solely whether there has been an abuse of discretion on the part of the Administrator in making the decision.

      5.  In lieu of the issuance of an order to cease such activities, the Administrator may enter into an agreement with the developer in which the developer agrees to:

      (a) Discontinue the activities that are not in compliance with this chapter;

      (b) Pay all costs incurred by the administrator in investigating the developer’s activities and conducting any necessary hearings; and

      (c) Return to the purchasers any money or property which he acquired through such violations.

Ê [The] Except as otherwise provided in section 6 of this act, the terms of such an agreement are confidential unless violated by the developer.

      Sec. 27.  NRS 126.061 is hereby amended to read as follows:

      126.061  1.  If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The husband’s consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and file the husband’s consent with the Health Division of the Department of Health and Human Services, where , except as otherwise provided in section 6 of this act, it must be kept confidential and in a sealed file.

 


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their signatures and the date of the insemination, and file the husband’s consent with the Health Division of the Department of Health and Human Services, where , except as otherwise provided in section 6 of this act, it must be kept confidential and in a sealed file. The physician’s failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.

      2.  The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived.

      Sec. 28.  NRS 127.057 is hereby amended to read as follows:

      127.057  1.  Any person to whom a consent to adoption executed in this State or executed outside this State for use in this State is delivered shall, within 48 hours after receipt of the executed consent to adoption, furnish a true copy of the consent, together with a report of the permanent address of the person in whose favor the consent was executed to the agency which provides child welfare services.

      2.  Any person recommending in his professional or occupational capacity, the placement of a child for adoption in this State shall immediately notify the agency which provides child welfare services of the impending adoption.

      3.  [All] Except as otherwise provided in section 6 of this act, all information received by the agency which provides child welfare services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035.

      4.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 29.  NRS 127.140 is hereby amended to read as follows:

      127.140  1.  [All] Except as otherwise provided in section 6 of this act, all hearings held in proceedings under this chapter are confidential and must be held in closed court, without admittance of any person other than the petitioners, their witnesses, the director of an agency, or their authorized representatives, attorneys and persons entitled to notice by this chapter, except by order of the court.

      2.  The files and records of the court in adoption proceedings are not open to inspection by any person except:

      (a) Upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor;

      (b) If a natural parent and the child are eligible to receive information from the State Register for Adoptions; or

      (c) As provided pursuant to subsections 3, 4 and 5.

      3.  An adoptive parent who intends to file a petition pursuant to NRS 127.1885 or 127.1895 to enforce, modify or terminate an agreement that provides for postadoptive contact may inspect only the portions of the files and records of the court concerning the agreement for postadoptive contact.

      4.  A natural parent who intends to file a petition pursuant to NRS 127.1885 to prove the existence of or to enforce an agreement that provides for postadoptive contact or to file an action pursuant to NRS 41.509 may inspect only the portions of the files or records of the court concerning the agreement for postadoptive contact.

 


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for postadoptive contact or to file an action pursuant to NRS 41.509 may inspect only the portions of the files or records of the court concerning the agreement for postadoptive contact.

      5.  The portions of the files and records which are made available for inspection by an adoptive parent or natural parent pursuant to subsection 3 or 4 must not include any confidential information, including, without limitation, any information that identifies or would lead to the identification of a natural parent if the identity of the natural parent is not included in the agreement for postadoptive contact.

      Sec. 30.  NRS 127.2817 is hereby amended to read as follows:

      127.2817  1.  The Division, in consultation with each agency which provides child welfare services, shall adopt regulations setting forth the criteria to be used by an agency which provides child welfare services or a child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption.

      2.  Upon the completion of an investigation conducted by an agency which provides child welfare services or a child-placing agency pursuant to NRS 127.120 or 127.2805, the agency which provides child welfare services or child-placing agency shall inform the prospective adoptive parent or parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the agency which provides child welfare services or child-placing agency shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the agency which provides child welfare services or child-placing agency before the issuance of the results of the investigation. [The] Except as otherwise provided in section 6 of this act, the identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.

      Sec. 31.  NRS 159.044 is hereby amended to read as follows:

      159.044  1.  Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

      2.  To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation:

      (a) The name and address of the petitioner.

      (b) The name, date of birth and current address of the proposed ward.

      (c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in section 6 of this act or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

Ê If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 60 days after the appointment of a guardian or as otherwise ordered by the court.

 


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      (d) If the proposed ward is a minor, the date on which he will attain the age of majority and:

             (1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and

             (2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.

      (e) Whether the proposed ward is a resident or nonresident of this State.

      (f) The names and addresses of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree of consanguinity.

      (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

      (h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in section 6 of this act or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

      (i) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which he was convicted and whether the proposed guardian was placed on probation or parole.

      (j) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation may include, without limitation:

             (1) A certificate signed by a physician who is licensed to practice medicine in this State stating the need for a guardian;

             (2) A letter signed by any governmental agency in this State which conducts investigations stating the need for a guardian; or

             (3) A certificate signed by any other person whom the court finds qualified to execute a certificate stating the need for a guardian.

      (k) Whether the appointment of a general or a special guardian is sought.

      (l) A general description and the probable value of the property of the proposed ward and any income to which the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

      (m) The name and address of any person or care provider having the care, custody or control of the proposed ward.

      (n) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.

 


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      (o) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      (p) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides child welfare services. As used in this paragraph, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (q) Whether the proposed ward is a party to any pending criminal or civil litigation.

      (r) Whether the guardianship is sought for the purpose of initiating litigation.

      (s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

      Secs. 32-34.  (Deleted by amendment.)

      Sec. 35.  NRS 179.495 is hereby amended to read as follows:

      179.495  1.  Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the chief of the Investigation Division of the Department of Public Safety, persons named in the order and any other parties to intercepted communications, an inventory which must include notice of:

      (a) The fact of the entry and a copy of the order.

      (b) The fact that during the period wire or oral communications were or were not intercepted.

Ê [The] Except as otherwise provided in section 6 of this act, the inventory filed pursuant to this section is confidential and must not be released for inspection unless subpoenaed by a court of competent jurisdiction.

      2.  The judge, upon receipt of a written request from any person who was a party to an intercepted communication or from the person’s attorney, shall make available to the person or his counsel those portions of the intercepted communications which contain his conversation. On an ex parte showing of good cause to a district judge, the serving of the inventory required by this section may be postponed for such time as the judge may provide.

      Secs. 36-39.  (Deleted by amendment.)

      Sec. 40.  NRS 202.3662 is hereby amended to read as follows:

      202.3662  1.  Except as otherwise provided in this section and NRS 202.3665 [:] and section 6 of this act:

      (a) An application for a permit, and all information contained within that application; and

      (b) All information provided to a sheriff or obtained by a sheriff in the course of his investigation of an applicant,

Ê are confidential.

      2.  Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.

 


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      3.  Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.

      Secs. 41 and 42.  (Deleted by amendment.)

      Sec. 43.  NRS 209.419 is hereby amended to read as follows:

      209.419  1.  Communications made by an offender on any telephone in an institution or facility to any person outside the institution or facility may be intercepted if:

      (a) The interception is made by an authorized employee of the Department; and

      (b) Signs are posted near all telephones in the institution or facility indicating that communications may be intercepted.

      2.  The Director shall provide notice or cause notice to be provided to both parties to a communication which is being intercepted pursuant to subsection 1, indicating that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties during the communication shall be deemed notice to both parties that the communication is being intercepted.

      3.  The Director shall adopt regulations providing for an alternate method of communication for those communications by offenders which are confidential.

      4.  [A] Except as otherwise provided in section 6 of this act, a communication made by an offender is confidential if it is made to:

      (a) A federal or state officer.

      (b) A local governmental officer who is at some time responsible for the custody of the offender.

      (c) An officer of any court.

      (d) An attorney who has been admitted to practice law in any state or is employed by a recognized agency providing legal assistance.

      (e) A reporter or editorial employee of any organization that reports general news including, but not limited to, any wire service or news service, newspaper, periodical, press association or radio or television station.

      (f) The Director.

      (g) Any other employee of the Department whom the Director may, by regulation, designate.

      5.  Reliance in good faith on a request or order from the Director or his authorized representative constitutes a complete defense to any action brought against any public utility intercepting or assisting in the interception of communications made by offenders pursuant to subsection 1.

      Sec. 44.  (Deleted by amendment.)

      Sec. 45.  NRS 211A.140 is hereby amended to read as follows:

      211A.140  1.  [Any] Except as otherwise provided in section 6 of this act, any information regarding a probationer obtained by the chief, an assistant or other employee of the department in the discharge of his duties shall be deemed confidential. Except as otherwise provided in subsection 2, the chief, an assistant or other employee of the department shall not disclose such information.

      2.  The chief, an assistant or other employee of the department shall disclose information obtained in the discharge of his duties to the court or the district attorney upon request, or to any other person as ordered by the court or as provided by law.

 


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      Secs. 46-51.  (Deleted by amendment.)

      Sec. 52.  NRS 218.5356 is hereby amended to read as follows:

      218.5356  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby created within the Fiscal Analysis Division of the Legislative Counsel Bureau. The fiscal analysts shall appoint to the Legislative Bureau of Educational Accountability and Program Evaluation a Chief and such other personnel as the fiscal analysts determine are necessary for the Bureau to carry out its duties pursuant to this section.

      2.  The Bureau shall, as the fiscal analysts determine is necessary or at the request of the Committee:

      (a) Collect and analyze data and issue written reports concerning:

             (1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, in improving the accountability of the schools of this State;

             (2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

             (3) The statewide program to educate persons with disabilities that is set forth in chapter 395 of NRS;

             (4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to NRS 389.012; and

             (5) Any program or legislative measure, the purpose of which is to reform the system of education within this State.

      (b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this State. Such studies and analyses may be conducted:

             (1) As the fiscal analysts determine are necessary; or

             (2) At the request of the Legislature.

Ê This paragraph does not prohibit the Bureau from contracting with a person or entity to conduct studies and analyses on behalf of the Bureau.

      (c) On or before December 31 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The Bureau shall, on or before December 31 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director of the Legislative Counsel Bureau for transmission to the Legislative Commission.

      3.  The Bureau may, pursuant to NRS 218.687, require a school, a school district, the Nevada System of Higher Education or the Department of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section. An entity whom the Bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the Bureau.

      4.  Except as otherwise provided in this subsection [,] or section 6 of this act, any information obtained by the Bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218.625. The Bureau may, at the discretion of the Chief and after submission to the Legislature or Legislative Commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.

      5.  This section does not prohibit the Department of Education or the State Board of Education from conducting analyses, submitting reports or otherwise reviewing educational programs in this State.

 


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      Sec. 53.  NRS 218.870 is hereby amended to read as follows:

      218.870  1.  The Legislative Auditor shall keep or cause to be kept a complete file of copies of all reports of audits, examinations, investigations and all other reports or releases issued by him.

      2.  All working papers from an audit are confidential and may be destroyed by the Legislative Auditor 5 years after the report is issued, except that the

Legislative Auditor:

      (a) Shall release such working papers when subpoenaed by a court [;] or when required to do so pursuant to section 6 of this act; or

      (b) May make such working papers available for inspection by an authorized representative of any other governmental entity for a matter officially before him or by any other person authorized by the Legislative Commission.

      Sec. 54.  (Deleted by amendment.)

      Sec. 55.  NRS 231.069 is hereby amended to read as follows:

      231.069  1.  [If] Except as otherwise provided in section 6 of this act, if so requested by a client, the Commission on Economic Development shall keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the Executive Director shall attach to the file containing the record or document a certificate signed by him stating that a request for confidentiality was made by the client and the date of the request.

      2.  Records and documents that are confidential pursuant to subsection 1 remain confidential until the client:

      (a) Initiates any process regarding the location of his business in Nevada which is within the jurisdiction of a state agency other than the Commission; or

      (b) Decides to locate his business in Nevada.

      Sec. 56.  NRS 233.190 is hereby amended to read as follows:

      233.190  1.  Except as otherwise provided in this section [,] or section 6 of this act, any information gathered by the Commission in the course of its investigation of an alleged unlawful discriminatory practice in housing, employment or public accommodations is confidential.

      2.  The Commission may disclose information gathered pursuant to subsection 1 to:

      (a) Any governmental entity as appropriate or necessary to carry out its duties pursuant to this chapter; or

      (b) To any other person if the information is provided in a manner which does not include any information that may be used to identify the complainant, the party against whom the unlawful discriminatory practice is alleged or any person who provided information to the Commission during the investigation.

      3.  Except as otherwise provided in subsection 4, the Commission shall disclose information gathered pursuant to subsection 1 to the complainant and the party against whom the unlawful discriminatory practice is alleged if:

      (a) Each has consented to such disclosure; or

      (b) The Commission has determined to conduct a hearing on the matter or apply for a temporary restraining order or an injunction or an action has been filed in court concerning the complaint.

      4.  The Commission may not disclose to the complainant or the party against whom the unlawful discriminatory practice is alleged:

 


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      (a) Any information obtained during negotiations for a settlement or attempts at mediating or conciliating the complaint.

      (b) Any investigative notes or reports made by the Commission.

      (c) Any information that may be used to identify a person who provided information to the Commission during the investigation and who has requested anonymity.

      5.  Except as otherwise provided in this section [,] or section 6 of this act, if the Commission’s attempts at mediating or conciliating the cause of the grievance succeed, the information gathered pursuant to subsection 1 must remain confidential.

      6.  If the Commission proceeds with a hearing or applies for injunctive relief, confidentiality concerning any information, except negotiations for a settlement or attempts at mediating or conciliating the cause of the grievance, is no longer required.

      Sec. 57.  NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsections 2, 3 and 4, a board of county commissioners may:

      (a) Except as otherwise provided in NRS 244.331 to 244.3345, inclusive, 598D.150 and 640C.100, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      4.  The board of county commissioners or county license board shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of NRS 360.780. The county license board shall provide upon request an application for a business license pursuant to NRS 360.780. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his profession for any type of compensation as an employee.

 


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      5.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      6.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

      (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      7.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357 [,] and section 6 of this act, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

      Sec. 58.  NRS 244.428 is hereby amended to read as follows:

      244.428  1.  The board of county commissioners of any county may provide by ordinance for the designation of a youth shelter operated within the county as an approved youth shelter.

      2.  If a board of county commissioners has adopted an ordinance pursuant to subsection 1, a youth shelter that is located in that county and seeking to be designated as an approved youth shelter may apply to the board of county commissioners for such a designation.

 


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      3.  An ordinance adopted by a board of county commissioners pursuant to subsection 1 must:

      (a) Prescribe the requirements for designation of a youth shelter as an approved youth shelter, including, without limitation:

             (1) A requirement that the youth shelter provide necessary services;

             (2) The form and manner of the application for designation or renewal of a designation as an approved youth shelter;

             (3) An application fee in an amount not to exceed the actual cost to the county for reviewing the application; and

             (4) A requirement that an applicant must comply with the provisions of an ordinance adopted pursuant to this section and with all applicable federal, state and local laws and ordinances pertaining to shelters for the homeless.

      (b) Provide for reasonable inspections of an approved youth shelter to confirm that the youth shelter is complying with the provisions of an ordinance adopted to carry out the provisions of this section.

      (c) Provide for the revocation of a designation as an approved youth shelter for failure to comply with the provisions of an ordinance adopted to carry out the provisions of this section.

      (d) Require an approved youth shelter to conduct an interview to determine whether a youth is a runaway or homeless youth and is qualified to receive the necessary services of the approved youth shelter.

      (e) Upon admission of a runaway or homeless youth to a shelter, require:

             (1) The notification of the parent, guardian or custodian of the runaway or homeless youth concerning the whereabouts of the runaway or homeless youth as soon as practicable, except in circumstances of suspected abuse or neglect;

             (2) The notification of state and local law enforcement agencies concerning the whereabouts of the runaway or homeless youth; and

             (3) A licensed professional to perform an evaluation of the youth to determine:

                   (I) The reasons why the youth is a runaway or homeless youth;

                   (II) Whether the youth is a victim of abuse or neglect; and

                   (III) Whether the youth needs immediate medical care or counseling.

      (f) Require an approved youth shelter to return or facilitate the return of a runaway or homeless youth to the parent, guardian or custodian who was notified of the whereabouts of the runaway or homeless youth pursuant to subparagraph (1) of paragraph (e) if the parent, guardian or custodian so requests.

      (g) Provide for the liability of a parent, guardian or custodian of a runaway or homeless youth for any expenses or costs incurred by the approved youth shelter for providing services to the runaway or homeless youth only if the services of the shelter were obtained through fraud or misrepresentation.

      (h) [Require] Except as otherwise provided in section 6 of this act, require the information or records obtained by an approved youth shelter to remain confidential, unless the use or disclosure of the information or records is necessary to:

             (1) Locate a parent, guardian or custodian of a runaway or homeless youth;

 


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             (2) Comply with the duty to report abuse or neglect of a child pursuant to NRS 432B.220;

             (3) Notify state and local law enforcement agencies or the clearinghouse; or

             (4) Seek appropriate assistance for a runaway or homeless youth from public and private agencies.

      4.  In a county where the board of county commissioners has adopted an ordinance pursuant to subsection 1, the board of county commissioners may establish, by ordinance, other regulations as are necessary to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Abuse or neglect” means abuse or neglect of a child as defined in NRS 432B.020.

      (b) “Clearinghouse” has the meaning ascribed to it in NRS 432.150.

      (c) “Licensed professional” includes, without limitation:

             (1) A social worker;

             (2) A registered nurse;

             (3) A physician;

             (4) A psychologist;

             (5) A teacher; or

             (6) Any other class of persons who are identified in an ordinance adopted by a county who hold a professional license in this State and who are trained to recognize indications of abuse or neglect.

      Sec. 59.  NRS 250.150 is hereby amended to read as follows:

      250.150  If a person listed in NRS 250.140 requests confidentiality, the confidential information of that person may only be disclosed as provided in NRS 250.160 or 250.180 [.] or section 6 of this act.

      Sec. 60.  NRS 268.095 is hereby amended to read as follows:

      268.095  1.  Except as otherwise provided in subsection 4, the city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in subsection 2 and NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

 


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      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this State.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The city council or other governing body of an incorporated city shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      3.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      4.  The city council or other governing body of an incorporated city shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of NRS 360.780. The city licensing agency shall provide upon request an application for a business license pursuant to NRS 360.780. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his profession for any type of compensation as an employee.

      5.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      6.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

      (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

 


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             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      7.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 268.0966 [,] and section 6 of this act, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

      8.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 61.  NRS 268.490 is hereby amended to read as follows:

      268.490  The municipality shall cause to be kept proper records of all license taxes which become due or which are collected, or both, including, without limiting the generality of the foregoing, records of delinquent taxes, interest thereon and penalties therefrom, which records , except as otherwise provided in section 6 of this act, shall be deemed confidential and shall not be revealed in whole or in part to anyone except in the necessary administration of NRS 268.460 to 268.510, inclusive, or as otherwise provided by law.

      Sec. 62.  NRS 268.910 is hereby amended to read as follows:

      268.910  1.  An organization for economic development formed by one or more cities shall, at the request of a client, keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the executive head of the organization shall attach to the file containing the record or document a certificate signed by him stating that a request for confidentiality was made by the client and showing the date of the request.

 


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      2.  [Records] Except as otherwise provided in section 6 of this act, records and documents that are confidential pursuant to subsection 1 remain confidential until the client:

      (a) Initiates any process regarding the location of his business in a city that formed the organization for economic development which is within the jurisdiction of a governmental entity other than the organization for economic development; or

      (b) Decides to locate his business in a city that formed the organization for economic development.

      Sec. 63.  NRS 284.4068 is hereby amended to read as follows:

      284.4068  [The] Except as otherwise provided in section 6 of this act, the results of a screening test taken pursuant to NRS 284.4061 to 284.407, inclusive, are confidential and:

      1.  Are not admissible in a criminal proceeding against the person tested;

      2.  Must be securely maintained by the appointing authority or his designated representative separately from other files concerning personnel; and

      3.  Must not be disclosed to any person, except:

      (a) Upon the written consent of the person tested;

      (b) As required by medical personnel for the diagnosis or treatment of the person tested, if he is physically unable to give his consent to the disclosure;

      (c) As required pursuant to a properly issued subpoena;

      (d) When relevant in a formal dispute between the appointing authority and the person tested; or

      (e) As required for the administration of a plan of benefits for employees.

      Sec. 64.  NRS 289.025 is hereby amended to read as follows:

      289.025  1.  Except as otherwise provided in subsection 2 [,] and section 6 of this act, the home address and any photograph of a peace officer in the possession of a law enforcement agency are not public information and are confidential.

      2.  The home address and photograph of a peace officer may be released:

      (a) If the peace officer authorizes the release; or

      (b) If the peace officer has been arrested.

      Sec. 65.  NRS 293.503 is hereby amended to read as follows:

      293.503  1.  The county clerk of each county where a registrar of voters has not been appointed pursuant to NRS 244.164:

      (a) Is ex officio county registrar and registrar for all precincts within the county.

      (b) Shall have the custody of all books, documents and papers pertaining to registration provided for in this chapter.

      2.  All books, documents and papers pertaining to registration are official records of the office of the county clerk.

      3.  The county clerk shall maintain records of any program or activity that is conducted within the county to ensure the accuracy and currency of the registrar of voters’ register for not less than 2 years after creation. The records must include the names and addresses of any person to whom a notice is mailed pursuant to NRS 293.5235, 293.530, or 293.535 and whether the person responded to the notice.

 


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      4.  Any program or activity that is conducted within the county for the purpose of removing the name of each person who is ineligible to vote in the county from the registrar of voters’ register must be complete not later than 90 days before the next primary or general election.

      5.  Except as otherwise provided by subsection 6, all records maintained by the county clerk pursuant to subsection 3 must be available for public inspection.

      6.  [Any] Except as otherwise provided in section 6 of this act, any information relating to where a person registers to vote must remain confidential and is not available for public inspection. Such information may only be used by an election officer for purposes related to voter registration.

      Sec. 66.  NRS 332.061 is hereby amended to read as follows:

      332.061  1.  Except as otherwise provided in this subsection [,] and section 6 of this act, proprietary information does not constitute public information and is confidential. A person shall not disclose proprietary information unless:

      (a) The disclosure is made for the purpose of a civil, administrative or criminal investigation or proceeding; and

      (b) The person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.

      2.  A bid which contains a provision that requires negotiation or evaluation by the governing body or an evaluator may not be disclosed until the bid is recommended for the award of a contract.

      Sec. 67.  NRS 333.333 is hereby amended to read as follows:

      333.333  1.  Except as otherwise provided in subsection 2 [,] and section 6 of this act, proprietary information regarding a trade secret does not constitute public information and is confidential.

      2.  A person shall not disclose proprietary information regarding a trade secret unless the disclosure is made for the purpose of a civil, administrative or criminal investigation or proceeding, and the person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.

      Sec. 68.  NRS 333.335 is hereby amended to read as follows:

      333.335  1.  Each proposal must be evaluated by:

      (a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or

      (b) The Chief of the Purchasing Division, or a committee appointed by the Chief in accordance with the regulations adopted pursuant to NRS 333.135, if he is responsible for administering the proposal.

      2.  A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Chief of the Purchasing Division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.

 


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      3.  In making an award, the chief of the using agency, the Chief of the Purchasing Division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:

      (a) The experience and financial stability of the person submitting the proposal;

      (b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;

      (c) The price of the proposal, including the imposition of an inverse preference described in NRS 333.336, if applicable; and

      (d) Any other factor disclosed in the request for proposals.

      4.  The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted.

      5.  The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the best interests of the State, as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the lowest-priced proposal.

      6.  [Each] Except as otherwise provided in section 6 of this act, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.

      Sec. 69.  NRS 338.1379 is hereby amended to read as follows:

      338.1379  1.  Except as otherwise provided in NRS 338.1382, a contractor who wishes to qualify as a bidder on a contract for a public work must submit an application to the State Public Works Board or the local government.

      2.  Upon receipt of an application pursuant to subsection 1, the State Public Works Board or the local government shall:

      (a) Investigate the applicant to determine whether he is qualified to bid on a contract; and

      (b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 45 days after receipt of the application.

      3.  The State Public Works Board or the local government shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of his right to a hearing pursuant to NRS 338.1381.

      4.  The State Public Works Board or the local government may determine an applicant is qualified to bid:

      (a) On a specific project; or

      (b) On more than one project over a period of time to be determined by the State Public Works Board or the local government.

      5.  The State Public Works Board shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.

      6.  The local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.

 


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ê2007 Statutes of Nevada, Page 2090 (Chapter 435, SB 123)ê

 

      7.  [Financial] Except as otherwise provided in section 6 of this act, financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the State Public Works Board or a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.

      Sec. 70.  NRS 349.775 is hereby amended to read as follows:

      349.775  [Any] Except as otherwise provided in section 6 of this act, or unless the exporter consents to its disclosure, any information submitted to or compiled by the Director regarding the identity, background, finances, marketing plans, trade secrets or any other commercially sensitive affairs of the exporter is confidential . [, unless the exporter consents to its disclosure.]

      Sec. 71.  NRS 353A.100 is hereby amended to read as follows:

      353A.100  1.  The Chief shall keep or cause to be kept a complete file of copies of all reports of audits, examinations, investigations and all other reports or releases issued by him.

      2.  All working papers from an audit are confidential and may be destroyed by the Chief 5 years after the report is issued, except that the Chief:

      (a) Shall release such working papers when subpoenaed by a court of competent jurisdiction [;] or when required to do so pursuant to section 6 of this act;

      (b) Shall make such working papers available to the Legislative Auditor upon his request; and

      (c) May make such working papers available for inspection by an authorized representative of any other governmental entity for a matter officially before him.

      Sec. 72.  NRS 360.795 is hereby amended to read as follows:

      360.795  1.  Except as otherwise provided in this section and NRS 360.250 [,] and section 6 of this act, the records and files of the Department concerning the administration of NRS 360.760 to 360.798, inclusive, are confidential and privileged. The Department, and any employee of the Department engaged in the administration of NRS 360.760 to 360.798, inclusive, or charged with the custody of any such records or files, shall not disclose any information obtained from those records or files. Neither the Department nor any employee of the Department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the Department concerning the administration of NRS 360.760 to 360.798, inclusive, are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a person in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a person or his authorized representative of a copy of any document filed by the person pursuant to NRS 360.760 to 360.798, inclusive.

      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

 


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ê2007 Statutes of Nevada, Page 2091 (Chapter 435, SB 123)ê

 

      (e) Disclosure in confidence to the Governor or his agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      (f) Exchanges of information pursuant to subsection 3.

      (g) Disclosure of information concerning whether or not a person conducting a business in this State has a state business license.

      3.  The Nevada Tax Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      4.  The Executive Director shall periodically, as he deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which he has a record. The list must include the mailing address of the business as reported to the Department.

      Sec. 73.  NRS 361.044 is hereby amended to read as follows:

      361.044  Except as otherwise provided in NRS 360.250 and section 6 of this act, and except for information required to be transmitted to the Department, each county assessor shall, at the request of a taxpayer, keep any proprietary information concerning the taxpayer received pursuant to this chapter confidential.

      Sec. 74.  NRS 363A.110 is hereby amended to read as follows:

      363A.110  1.  Except as otherwise provided in this section and NRS 360.250 [,] and section 6 of this act, the records and files of the Department concerning the administration of this chapter are confidential and privileged. The Department, and any employee engaged in the administration of this chapter or charged with the custody of any such records or files, shall not disclose any information obtained from the Department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the Department nor any employee of the Department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the Department concerning the administration of this chapter are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

      (c) Publication of statistics so classified as to prevent the identification of a particular person or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

      (e) Disclosure in confidence to the Governor or his agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to taxation.

 


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ê2007 Statutes of Nevada, Page 2092 (Chapter 435, SB 123)ê

 

audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to taxation.

      (f) Exchanges of information pursuant to subsection 3.

      3.  The Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      Sec. 75.  NRS 363B.100 is hereby amended to read as follows:

      363B.100  1.  Except as otherwise provided in this section and NRS 360.250 [,] and section 6 of this act, the records and files of the Department concerning the administration of this chapter are confidential and privileged. The Department, and any employee engaged in the administration of this chapter or charged with the custody of any such records or files, shall not disclose any information obtained from the Department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the Department nor any employee of the Department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the Department concerning the administration of this chapter are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

      (c) Publication of statistics so classified as to prevent the identification of a particular person or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

      (e) Disclosure in confidence to the Governor or his agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to taxation.

      (f) Exchanges of information pursuant to subsection 3.

      3.  The Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      Sec. 76.  NRS 366.160 is hereby amended to read as follows:

      366.160  1.  All records of mileage operated, origin and destination points within this State, equipment operated in this State, gallons or cubic feet consumed, and tax paid must at all reasonable times be open to the public.

      2.  All supporting schedules, invoices and other pertinent papers relative to the business affairs and operations of any special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter or special fuel user, and any information obtained by an investigation of the records and equipment of any special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter or special fuel user, shall be deemed confidential and must not be revealed to any person except as necessary to administer this chapter or as otherwise provided by section 6 of this act or by any other law.

 


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ê2007 Statutes of Nevada, Page 2093 (Chapter 435, SB 123)ê

 

dealer, special fuel exporter, special fuel transporter or special fuel user, and any information obtained by an investigation of the records and equipment of any special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter or special fuel user, shall be deemed confidential and must not be revealed to any person except as necessary to administer this chapter or as otherwise provided by section 6 of this act or by any other law.

      Sec. 77.  NRS 368A.180 is hereby amended to read as follows:

      368A.180  1.  Except as otherwise provided in this section and NRS 360.250 [,] and section 6 of this act, the records and files of the Board and the Department concerning the administration of this chapter are confidential and privileged. The Board, the Department and any employee of the Board or the Department engaged in the administration of this chapter or charged with the custody of any such records or files shall not disclose any information obtained from the records or files of the Board or the Department or from any examination, investigation or hearing authorized by the provisions of this chapter. The Board, the Department and any employee of the Board or the Department may not be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the Board and the Department concerning the administration of this chapter are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Board or the Department and production of records, files and information on behalf of the Board or the Department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter, if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a taxpayer or his authorized representative of a copy of any report or other document filed by the taxpayer pursuant to this chapter.

      (c) Publication of statistics so classified as to prevent the identification of a particular person or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

      (e) Disclosure in confidence to the Governor or his agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Board or the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to taxation.

      Sec. 78.  NRS 372.750 is hereby amended to read as follows:

      372.750  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the Tax Commission or officer, agent or employee of the Department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the Department.

 


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ê2007 Statutes of Nevada, Page 2094 (Chapter 435, SB 123)ê

 

      2.  The Tax Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The Governor may, by general or special order, authorize the examination of the records maintained by the Department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Upon written request made by a public officer of a local government, the Executive Director shall furnish from the records of the Department, the name and address of the owner of any seller or retailer who must file a return with the Department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. [The] Except as otherwise provided in section 6 of this act, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.

      5.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      6.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      7.  At any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the Commission, any member of the Commission or officer, agent or employee of the Department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

      Sec. 79.  NRS 372A.080 is hereby amended to read as follows:

      372A.080  1.  [All] Except as otherwise provided in section 6 of this act, all information which is submitted to the Department by or on behalf of a dealer in controlled substances pursuant to this chapter and all records of the Department which contain the name, address or any other identifying information concerning a dealer are confidential.

      2.  No criminal prosecution may be initiated on the basis of:

      (a) Information which was submitted to the Department; or

      (b) Evidence derived from information submitted to the Department, pursuant to this chapter or any regulation adopted pursuant thereto.

      3.  No information described in paragraph (a) or (b) of subsection 2 is admissible in a criminal prosecution, unless the prosecution shows that the information:

      (a) Was independently discovered; or

      (b) Inevitably would have been discovered based on independent information.

 


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ê2007 Statutes of Nevada, Page 2095 (Chapter 435, SB 123)ê

 

      4.  This section does not prohibit the Department from publishing statistics that do not disclose the identity of a dealer or the contents of a particular return or report submitted to the Department by a dealer.

      5.  Any person who releases or reveals confidential information in violation of this section is guilty of a gross misdemeanor.

      Sec. 80.  NRS 374.755 is hereby amended to read as follows:

      374.755  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada Tax Commission or officer, agent or employee of the Department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the Department.

      2.  The Nevada Tax Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The Governor may, however, by general or special order, authorize the examination of the records maintained by the Department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the Governor may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Upon written request made by a public officer of a local government, the Executive Director shall furnish from the records of the Department, the name and address of the owner of any seller or retailer who must file a return with the Department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. [The] Except as otherwise provided in section 6 of this act, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.

      5.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      6.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      7.  At any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the Commission, any member of the Commission or officer, agent or employee of the Department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

 


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ê2007 Statutes of Nevada, Page 2096 (Chapter 435, SB 123)ê

 

officer, agent or employee of the Department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

      Sec. 81.  NRS 375A.835 is hereby amended to read as follows:

      375A.835  All information and records acquired by the Department or any of its employees pursuant to this chapter are confidential in nature, and except insofar as may be necessary for the enforcement of this chapter or as may be permitted by this chapter [,] or required by section 6 of this act, must not be disclosed.

      Sec. 82.  NRS 375B.450 is hereby amended to read as follows:

      375B.450  All information and records acquired from the Internal Revenue Service of the United States Department of the Treasury by the Nevada Tax Commission, the Department or any of their employees pursuant to this chapter are confidential in nature and, except insofar as may be necessary for the enforcement of this chapter, as an employee of the Department has a need to know the information , [or] as may be permitted by this chapter [,] or as may be required by section 6 of this act, must not be disclosed.

      Sec. 83.  NRS 378.300 is hereby amended to read as follows:

      378.300  [Public] Except as otherwise provided in section 6 of this act, public records acquired by the Division which have been declared by law to be confidential must remain confidential for 30 years, or if the record relates to a natural person, until his death, whichever is later, unless another period has been fixed by specific statute.

      Sec. 84.  NRS 379.008 is hereby amended to read as follows:

      379.008  1.  [An] Except as otherwise provided in section 6 of this act, an application to the State Library and Archives Administrator for certification and all documents in the file of the State Library and Archives Administrator relating to an application, including:

      (a) The applicant’s health records;

      (b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation;

      (c) Transcripts of the applicant’s record at colleges or other educational institutions;

      (d) Correspondence concerning the application; and

      (e) Other personal information concerning the applicant,

Ê are confidential.

      2.  It is unlawful to disclose or release the information in an application or a related document except pursuant to the written authorization of the applicant.

      3.  The State Library and Archives Administrator shall, upon request, make available the file of the applicant for inspection by the applicant during regular business hours.

      Sec. 85.  NRS 387.626 is hereby amended to read as follows:

      387.626  1.  A consultant selected to perform a review of a school district shall:

      (a) Consider the results and recommendations of other audits, if any, conducted by or on behalf of the school district in the immediately preceding 6 years;

      (b) Hold at least one public meeting in the county in which the school district is located to explain the process of the review and to obtain information from school administrators, teachers, parents and guardians, pupils, members of the business community and other residents of the school district concerning the operation and management of the school district; and

 


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ê2007 Statutes of Nevada, Page 2097 (Chapter 435, SB 123)ê

 

pupils, members of the business community and other residents of the school district concerning the operation and management of the school district; and

      (c) Supervise and oversee his employees and other persons enlisted by the consultant to assist with the review.

      2.  The Department shall provide technical support and expertise to the consultant during the review to ensure that the objectives of the review and the requirements of NRS 387.602 to 387.644, inclusive, are met.

      3.  Upon the request of the consultant, the Department, the board of trustees of the school district, the superintendent of schools of the school district and the employees of the school district shall make available to the consultant all books, accounts, claims, reports, vouchers, records and other information, confidential or otherwise, necessary for the consultant to carry out his review.

      4.  The consultant shall:

      (a) Maintain the confidentiality of all information, records and data obtained for the purpose of carrying out the provisions of NRS 387.602 to 387.644, inclusive;

      (b) Use such information, records and data only for the purpose of carrying out the provisions of NRS 387.602 to 387.644, inclusive, and for no other purposes;

      (c) Require his employees and other persons enlisted by the consultant to assist with the review to comply with the confidentiality requirements of this subsection; and

      (d) Keep or cause to be kept a complete file of copies of all reports of reviews conducted pursuant to NRS 387.602 to 387.644, inclusive.

      5.  All working papers from a review conducted pursuant to NRS 387.602 to 387.644, inclusive, are confidential and may be destroyed by the consultant 8 years after the final written report of the review is issued, except that the consultant:

      (a) Shall release such working papers when subpoenaed by a court [;] or when required to do so pursuant to section 6 of this act;

      (b) Shall make such working papers available to the Legislative Auditor upon his request; and

      (c) May make such working papers available for inspection by an authorized representative of any other governmental entity for a matter officially before him.

      Sec. 86.  NRS 389.015 is hereby amended to read as follows:

      389.015  1.  The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

      (a) Reading;

      (b) Mathematics; and

      (c) Science.

      2.  The examinations required by subsection 1 must be:

      (a) Administered before the completion of grades 4, 7, 10 and 11.

      (b) Administered in each school district and each charter school at the same time during the spring semester. The time for the administration of the examinations must be prescribed by the State Board.

 


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ê2007 Statutes of Nevada, Page 2098 (Chapter 435, SB 123)ê

 

      (c) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of school districts and individual schools with the uniform procedures.

      (d) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

      (e) Scored by a single private entity that has contracted with the State Board to score the examinations. The private entity that scores the examinations shall report the results of the examinations in the form and by the date required by the Department.

      3.  Not more than 14 working days after the results of the examinations are reported to the Department by a private entity that scored the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

      (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

      (b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

Ê If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

      4.  If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 7 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has failed to make adequate yearly progress or in which less than 60 percent of the pupils enrolled in grade 4, 7 or 10 in the school who took the examinations administered pursuant to this section received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared, the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

      5.  If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

 


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ê2007 Statutes of Nevada, Page 2099 (Chapter 435, SB 123)ê

 

through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

      6.  The State Board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The high school proficiency examination must include the subjects of reading, mathematics and science and, except for the writing portion prescribed pursuant to NRS 389.550, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The examinations on reading, mathematics and science prescribed for grades 4, 7 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 7 and 10 in this State to that of a national reference group of pupils in grades 4, 7 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

      (a) To the extent necessary for administering and evaluating the examinations.

      (b) That a disclosure may be made to a:

             (1) State officer who is a member of the Executive or Legislative Branch to the extent that it is necessary for the performance of his duties;

             (2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;

             (3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and

             (4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.

      (c) That specific questions and answers may be disclosed if the Superintendent of Public Instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

      (d) As required pursuant to section 6 of this act.

      Sec. 87.  NRS 391.035 is hereby amended to read as follows:

      391.035  1.  [An] Except as otherwise provided in section 6 of this act, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Department’s file relating to the application, including:

      (a) The applicant’s health records;

      (b) His fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History;

      (c) Transcripts of his record at colleges or other educational institutions;

      (d) His scores on the examinations administered pursuant to the regulations adopted by the Commission;

      (e) Any correspondence concerning the application; and

      (f) Any other personal information,

Ê are confidential.

      2.  It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection 6 of NRS 179A.075 or the applicant’s written authorization.

 


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ê2007 Statutes of Nevada, Page 2100 (Chapter 435, SB 123)ê

 

      3.  The Department shall, upon request, make available the applicant’s file for his inspection during regular business hours.

      Sec. 88.  NRS 392.652 is hereby amended to read as follows:

      392.652  A plan developed pursuant to NRS 392.620 or updated pursuant to NRS 392.624, a deviation and any information submitted to a development committee pursuant to NRS 392.632, a deviation approved pursuant to NRS 392.636 and the plan developed pursuant to NRS 392.640 are confidential and, except as otherwise provided in NRS 392.600 to 392.656, inclusive, and section 6 of this act must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      Sec. 89.  NRS 392.850 is hereby amended to read as follows:

      392.850  1.  The board of trustees of a county school district, or its designee, shall inform each employee of the district, including teachers, other licensed employees, drivers of school buses, instructional aides and office managers, who may have consistent contact with a pupil if that pupil has, within the preceding 3 years, unlawfully caused or attempted to cause serious bodily injury to any person. The district shall provide this information based upon any written records that the district maintains or which it receives from a law enforcement agency or a court. The district need not initiate a request for such information from any source.

      2.  A school district and the members of its board of trustees are not liable for failure strictly to comply with this section if a good faith effort to comply is made.

      3.  [Any] Except as otherwise provided in section 6 of this act, any information received by an employee pursuant to this section is confidential and must not be further disseminated by the employee.

      Sec. 90.  NRS 394.1698 is hereby amended to read as follows:

      394.1698  A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688, a deviation and any information submitted to a development committee pursuant to NRS 394.1691 and a deviation approved pursuant to NRS 394.1692 are confidential and, except as otherwise provided in NRS 392.640 and 394.168 to 394.1699, inclusive, and section 6 of this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      Sec. 91.  NRS 394.447 is hereby amended to read as follows:

      394.447  Accreditation may be accepted as evidence of compliance with the minimum standards established by the Commission, or the Administrator may require further evidence and make further investigation as in his judgment or the judgment of the Commission are necessary. Accreditation may be accepted as evidence of compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited. Upon request by the Administrator, the institution shall submit copies of all written materials in its possession relating to its accreditation. [The] Except as otherwise provided in section 6 of this act, the Administrator shall keep the materials confidential.

      Sec. 92.  NRS 394.460 is hereby amended to read as follows:

      394.460  1.  Each person required to be licensed as a postsecondary educational institution by the Commission or each postsecondary educational institution requesting to add a new program or degree or to renew a license must apply to the Administrator, upon forms provided by him. The application must be accompanied by the required fees. The institution’s curriculum and financial statement are confidential except as otherwise provided in section 6 of this act or unless, in the opinion of the Commission, they militate against the issuance of a license.

 


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ê2007 Statutes of Nevada, Page 2101 (Chapter 435, SB 123)ê

 

curriculum and financial statement are confidential except as otherwise provided in section 6 of this act or unless, in the opinion of the Commission, they militate against the issuance of a license.

      2.  After review of the application, any other information required by the Administrator and the report of the panel of evaluators, and an investigation of the applicant if necessary, the Commission shall grant or deny a license or grant a provisional license for a term specified by the Commission. Before the expiration of a provisional license, the Administrator shall inspect the institution, or the Commission may require the appointment of a panel of evaluators to inspect the institution, and recommend whether to revoke or continue the provisional license or to grant an unqualified license. The Commission may accept or reject the recommendation.

      3.  The license must state at least the following information:

      (a) The date of issuance, effective date and term of the license.

      (b) The correct name, address and owner of the institution.

      (c) The approved degrees or occupational subjects.

      (d) Any limitation considered necessary by the Commission.

      4.  The term for which a license is given must not exceed 2 years. The license must be posted in a conspicuous place.

      5.  The license must be issued to the owner or governing body of the institution and is nontransferable. If a change in ownership of the institution occurs, the owner to whom the license was issued shall inform the Administrator, and the new owner or governing body must, within 10 days after the change in ownership, apply for an approval of the change of ownership. If it fails to do so, the license terminates.

      6.  Within 10 days after a change of location or an addition of buildings or other facilities, the institution must file a notice of the change with the Administrator.

      7.  At least 60 days before the expiration of a license, the institution must complete and file with the Administrator an application for renewal of its license.

      Sec. 93.  NRS 394.465 is hereby amended to read as follows:

      394.465  1.  Except as otherwise provided in subsection 4, before a postsecondary educational institution employs or contracts with a person:

      (a) To occupy an instructional position;

      (b) To occupy an administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position; or

      (c) To act as an agent for the institution,

Ê the applicant must submit to the Administrator completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of a complete set of his fingerprints to the Central Repository for Nevada Records of Criminal History for its report and for submission to the Federal Bureau of Investigation for its report. The fingerprint cards and authorization form submitted must be those which are provided to the applicant by the Administrator. The applicant’s fingerprints must be taken by an agency of law enforcement.

      2.  [The] Except as otherwise provided in section 6 of this act, the Administrator shall keep the results of the investigation confidential.

      3.  The applicant shall pay the cost of the investigation.

 


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      4.  An applicant is not required to satisfy the requirements of subsection 1 if he:

      (a) Is licensed by the Superintendent of Public Instruction;

      (b) Is an employee of the United States Department of Defense;

      (c) Is a member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution; or

      (d) Has satisfied the requirements of subsection 1 within the immediately preceding 5 years.

      Sec. 94.  NRS 396.525 is hereby amended to read as follows:

      396.525  1.  Except as otherwise provided in subsection 2 [,] and section 6 of this act, the records of the genetics program concerning the clients and families of clients are confidential.

      2.  The genetics program may share information in its possession with the University of Nevada School of Medicine and the Health Division of the Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.

      Sec. 95.  NRS 398.403 is hereby amended to read as follows:

      398.403  1.  Except as otherwise provided in subsections 2 and 3 [,] and section 6 of this act, the following information and documents do not constitute public information and are confidential:

      (a) Information or documents obtained by the Secretary of State in connection with an investigation conducted pursuant to NRS 398.600 concerning possible violations of NRS 398.400 to 398.620, inclusive; and

      (b) Information or documents filed with the Secretary of State in connection with an application for registration filed pursuant to NRS 398.400 to 398.620, inclusive, which constitute commercial or financial information, or business practices, of a person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by law.

      2.  The Secretary of State may submit any information or evidence obtained in connection with an investigation conducted pursuant to NRS 398.600 to the Attorney General or appropriate district attorney for the purpose of prosecuting a criminal action pursuant to NRS 398.400 to 398.620, inclusive.

      3.  The Secretary of State may disclose any information obtained in connection with an investigation conducted pursuant to NRS 398.600 to any other governmental agency if the disclosure is provided for the purpose of a civil, administrative or criminal investigation or proceeding and the receiving agency represents in writing that, under applicable law, protections exist to preserve the integrity, confidentiality and security of the information.

      4.  The provisions of NRS 398.400 to 398.620, inclusive, do not create any privilege and do not diminish any privilege existing pursuant to common law, a specific statute or regulation, or otherwise.

      Sec. 96.  NRS 416.070 is hereby amended to read as follows:

      416.070  1.  [Any] Except as otherwise provided in section 6 of this act, any information furnished under NRS 416.040 and designated as confidential by the person providing the information shall be maintained as confidential by the Governor and any other person who obtains information which he knows to be confidential under this section.

 


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      2.  The Governor shall not make known in any manner any particulars of the information to any person other than those he designates in writing as having a need to know such information.

      3.  No subpoena or other judicial order may be issued compelling the Governor or any other person to divulge or make known the confidential information, except when the information is relevant to proceedings under subsection 6.

      4.  Nothing in this section prohibits use of confidential information to prepare statistics or other general data for publication in such a manner that the identity of particular persons or business establishments is protected.

      5.  Any person or business establishment who is served with a subpoena to give oral testimony or to produce any book, paper, correspondence, memorandum, account, agreements or other document or record pursuant to this chapter may apply to any district court for a protective order as provided by Rule 26 of the Nevada Rules of Civil Procedure.

      6.  In addition to any other penalties provided by law, a person who willfully discloses confidential information in violation of this section is subject to removal from office or immediate dismissal from public employment.

      Sec. 97.  NRS 422.305 is hereby amended to read as follows:

      422.305  1.  Except as otherwise provided in subsection 2 and [in] NRS 228.410 and 422.2374 [,] and section 6 of this act, any information obtained by the Division in an investigation of a provider of services under the State Plan for Medicaid is confidential.

      2.  The information presented as evidence at a hearing:

      (a) To enforce the provisions of NRS 422.450 to 422.590, inclusive; or

      (b) To review an action by the Division against a provider of services under the State Plan for Medicaid,

Ê is not confidential, except for the identity of any recipient of the assistance.

      Sec. 98.  NRS 425.3828 is hereby amended to read as follows:

      425.3828  1.  If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

      2.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall:

      (a) Include in that recommendation:

             (1) If the paternity of the dependent child is established by the recommendation, a declaration of that fact.

             (2) The amount of monthly support to be paid, including directions concerning the manner of payment.

             (3) The amount of arrearages owed.

             (4) Whether coverage for health care must be provided for the dependent child.

             (5) Any requirements to be imposed pursuant to subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

 


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             (6) The names of the parents or legal guardians of the child.

             (7) The name of the person to whom, and the name and date of birth of the dependent child for whom support is to be paid.

             (8) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

             (9) A statement that objections to the recommendation may be filed with the district court and served upon the other party within 10 days after receipt of the recommendation.

      (b) Ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is to be paid are:

             (1) Provided to the enforcing authority.

             (2) Placed in the records relating to the matter and, except as otherwise required to carry out [a] the provisions of section 6 of this act or any other specific statute, maintained in a confidential manner.

      3.  The parent must be sent a copy of the recommendation for the support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.

      4.  The recommendation for the support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The Chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the master enters a recommendation for the support of a dependent child, the court may grant relief from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

      Sec. 99.  NRS 425.3844 is hereby amended to read as follows:

      425.3844  1.  A recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon thereafter as possible.

      2.  Within 10 days after receipt of the recommendation, any party may file with the district court and serve upon the other parties a notice of objection to the recommendation. The notice must include:

      (a) A copy of the master’s recommendation;

      (b) The results of any blood tests or tests for genetic identification examined by the master;

      (c) A concise statement setting forth the reasons that the party disagrees with the master’s recommendation, including any affirmative defenses that must be pleaded pursuant to the Nevada Rules of Civil Procedure;

      (d) A statement of the relief requested;

      (e) The notice and finding of financial responsibility if the Chief issued such a notice and finding; and

      (f) Any other relevant documents.

      3.  The district court shall:

      (a) If a notice of objection is not filed, accept the recommendation entered by the master, including a recommendation establishing paternity, unless clearly erroneous, and judgment may be entered thereon; or

 


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ê2007 Statutes of Nevada, Page 2105 (Chapter 435, SB 123)ê

 

      (b) If a notice of objection is filed within the 10-day period, review the matter pursuant to NRS 425.3834.

      4.  A party who receives a notice of objection pursuant to subsection 2 is not required to file an answer to that notice. The district court shall review each objection contained in the notice.

      5.  If a notice of objection includes an objection to a recommendation establishing paternity, the enforcement of any obligation for the support of the child recommended by the master must, upon the filing and service of the notice, be stayed until the district court rules upon the determination of paternity. The obligation for the support of the child continues to accrue during the consideration of the determination of paternity and must be collected as arrears after the completion of the trial if the court approves the recommendation of the master.

      6.  If a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, modifies or adjusts a previous order for support issued by any district court in this state, that district court shall review the recommendation and approve or reject the recommendation issued by the master.

      7.  Upon approval by the district court of a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, a copy of the recommendation, with the approval of the court endorsed thereon, must be filed:

      (a) In the office of the clerk of the district court;

      (b) If the order of the district court approving the recommendation of the master modifies or adjusts a previous order issued by any district court in this state, with the original order in the office of the clerk of that district court; and

      (c) With any court that conducts a proceeding related thereto pursuant to the provisions of chapter 130 of NRS.

      8.  A district court that approves a recommendation pursuant to this section shall ensure that, before the recommendation is filed pursuant to subsection 7, the social security numbers of the parents or legal guardians of the child are:

      (a) Provided to the enforcing authority.

      (b) Placed in the records relating to the matter and, except as otherwise required to carry out [a] the provisions of section 6 of this act or any other specific statute, maintained in a confidential manner.

      9.  Upon the approval and filing of the recommendation as provided in subsection 7, the recommendation has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.

      Sec. 100.  NRS 425.3855 is hereby amended to read as follows:

      425.3855  A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, or an order approving a recommendation for the support of a dependent child made by a master shall ensure that the social security numbers of the parents or legal guardians of the child are:

      1.  Provided to the enforcing authority.

      2.  Placed in the records relating to the matter and, except as otherwise required to carry out [a] the provisions of section 6 of this act or any other specific statute, maintained in a confidential manner.

 


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ê2007 Statutes of Nevada, Page 2106 (Chapter 435, SB 123)ê

 

      Sec. 101.  NRS 427A.1236 is hereby amended to read as follows:

      427A.1236  All records in the possession of the Specialist for the Rights of Elderly Persons relating to his counseling or representation of an elderly person are confidential and must not be released to any other person except upon order of a court of competent jurisdiction [.] or pursuant to the provisions of section 6 of this act.

      Sec. 102.  NRS 432B.280 is hereby amended to read as follows:

      432B.280  1.  [Reports] Except as otherwise provided in section 6 of this act, reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.

      2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

      (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

      (b) As otherwise authorized or required pursuant to NRS 432B.290; or

      (c) As otherwise required pursuant to NRS 432B.513,

Ê is guilty of a misdemeanor.

      Sec. 103.  NRS 432B.407 is hereby amended to read as follows:

      432B.407  1.  A multidisciplinary team to review the death of a child is entitled to access to:

      (a) All investigative information of law enforcement agencies regarding the death;

      (b) Any autopsy and coroner’s investigative records relating to the death;

      (c) Any medical or mental health records of the child; and

      (d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the child’s family.

      2.  Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.

      3.  A multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. [Any] Except as otherwise provided in section 6 of this act, any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

      4.  Information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

      Sec. 104.  NRS 433.534 is hereby amended to read as follows:

      433.534  1.  The rights of a client enumerated in this chapter must not be denied except to protect the client’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the client’s record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility.

 


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ê2007 Statutes of Nevada, Page 2107 (Chapter 435, SB 123)ê

 

must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

      2.  If the administrative officer of a facility receives notice of a denial of rights as provided in subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. [Such] Except as otherwise provided in section 6 of this act, such a report is confidential and must not be disclosed. A copy of the report must be sent to the Commission.

      3.  The Commission:

      (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;

      (b) May act to resolve disputes relating to apparent violations;

      (c) May act on behalf of clients to obtain remedies for any apparent violations; and

      (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

      4.  Pursuant to NRS 241.030, the Commission may close any portion of a meeting in which it considers the character, alleged misconduct or professional competence of a person in relation to:

      (a) The denial of the rights of a client; or

      (b) The care and treatment of a client.

Ê The provisions of this subsection do not require a meeting of the Commission to be closed to the public.

      Sec. 105.  NRS 439.270 is hereby amended to read as follows:

      439.270  1.  The State Board of Health shall define epilepsy for the purposes of the reports hereinafter referred to in this section.

      2.  All physicians shall report immediately to the Health Division, in writing, the name, age and address of every person diagnosed as a case of epilepsy.

      3.  The Health Division shall report, in writing, to the Department of Motor Vehicles the name, age and address of every person reported to it as a case of epilepsy.

      4.  [The] Except as otherwise provided in section 6 of this act, the reports are for the information of the Department of Motor Vehicles and must be kept confidential and used solely to determine the eligibility of any person to operate a vehicle on the streets and highways of this State.

      5.  A violation of this section is a misdemeanor.

      Sec. 106.  NRS 439.840 is hereby amended to read as follows:

      439.840  1.  The Health Division shall, to the extent of legislative appropriation and authorization:

      (a) Collect and maintain reports received pursuant to NRS 439.835; and

      (b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access.

      2.  [Reports] Except as otherwise provided in section 6 of this act, reports received pursuant to NRS 439.835 are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      Sec. 107.  NRS 439B.420 is hereby amended to read as follows:

      439B.420  1.  A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.

 


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ê2007 Statutes of Nevada, Page 2108 (Chapter 435, SB 123)ê

 

      2.  The rent required of a physician or entity which employs physicians by a hospital or related entity must not be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.

      3.  A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.

      4.  A health facility shall not offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.

      5.  The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than 50,000.

      6.  A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, shall not add any charges to the practitioner’s bill for services other than a charge related to the cost of processing the billing.

      7.  A hospital or related entity shall not offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self-insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.

      8.  A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.

      9.  Except as otherwise provided in this subsection, a practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the referring party first discloses the interest to the patient. This subsection does not apply to practitioners subject to the provisions of NRS 439B.425.

      10.  The Director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except pursuant to the provisions of section 6 of this act and in cases in which an action is brought pursuant to subsection 11.

      11.  A person who willfully violates any provision of this section is liable to the State of Nevada for:

      (a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.

      (b) Any reasonable expenses incurred by the State in enforcing this section.

Ê Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the State General Fund and used for projects intended to benefit the residents of this State with regard to health care. Money in the account may only be withdrawn by act of the Legislature.

 


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ê2007 Statutes of Nevada, Page 2109 (Chapter 435, SB 123)ê

 

      12.  As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

      Sec. 108.  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 of NRS 441A.320 or NRS 629.069.

      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 section 6 of this act or another specific statute.

      Sec. 109.  NRS 442.395 is hereby amended to read as follows:

      442.395  [If] Except as otherwise provided in section 6 of this act, if a pregnant woman is referred to the Health Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.

      Sec. 110.  NRS 449.245 is hereby amended to read as follows:

      449.245  1.  No hospital licensed under the provisions of NRS 449.001 to 449.240, inclusive, may release from the hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to the hospital, to any person other than a parent, guardian or relative by blood or marriage of that child, without a written authorization signed by a living parent, who must be the mother if unwed, or guardian specifying the particular person or agency to whom the child may be released and the permanent address of that person or agency.

      2.  Upon the release or other surrender of physical custody of the child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section.

 


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ê2007 Statutes of Nevada, Page 2110 (Chapter 435, SB 123)ê

 

reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of the written authorization to the Division of Child and Family Services of the Department of Health and Human Services before the release or other surrender by it of physical custody of the child. The copy must be furnished to the Division immediately upon receipt by the hospital.

      3.  Any person to whom any such child is released who thereafter surrenders physical custody of that child to any other person or agency shall, upon demand by the Division of Child and Family Services, disclose to the Division the name and permanent address of the person or agency to whom physical custody of the child was delivered.

      4.  [All] Except as otherwise provided in section 6 of this act, all information received by the Division of Child and Family Services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035.

      5.  Compliance with the provisions of this section is not a substitute for compliance with NRS 127.220 to 127.310, inclusive, governing placements for adoption and permanent free care.

      6.  A violation of any provision of this section is a misdemeanor.

      Sec. 111.  NRS 449.720 is hereby amended to read as follows:

      449.720  Every patient of a medical facility, facility for the dependent or home for individual residential care has the right to:

      1.  Receive considerate and respectful care.

      2.  Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

      3.  Refuse to participate in any medical experiments conducted at the facility.

      4.  Retain his privacy concerning his program of medical care. Discussions of a patient’s care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient, except as otherwise provided in NRS 108.640, 442.300 to 442.330, inclusive, and 449.705, and chapter 629 of NRS [,] and section 6 of this act are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

      5.  Have any reasonable request for services reasonably satisfied by the facility or home considering its ability to do so.

      6.  Receive continuous care from the facility or home. The patient must be informed:

      (a) Of his appointments for treatment and the names of the persons available at the facility or home for those treatments; and

      (b) By his physician or an authorized representative of the physician, of his need for continuing care.

      Sec. 112.  NRS 453.1545 is hereby amended to read as follows:

      453.1545  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

 


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      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Division, the Health Division of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      2.  The Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

      3.  The Board or the Division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      4.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section [,] and section 6 of this act, must not be disclosed to any person. That information must be disclosed:

      (a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      5.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      Sec. 113.  NRS 453.720 is hereby amended to read as follows:

      453.720  Unless otherwise requested by a narcotic addict being treated, or a person who in the past was treated, under NRS 453.660, and except as otherwise provided in section 6 of this act, all information in possession of the Health Division of the Department, any rehabilitation clinic or any certified hospital concerning such person is confidential and privileged.

      Sec. 114.  NRS 453A.610 is hereby amended to read as follows:

      453A.610  1.  Except as otherwise provided in this section [,] and section 6 of this act, the University of Nevada School of Medicine shall maintain the confidentiality of and shall not disclose:

      (a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in NRS 453A.600; or

      (b) The name or any other identifying information of a person who has applied to or who participates in the research program described in NRS 453A.600.

Ê [The] Except as otherwise provided in section 6 of this act, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

 


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      2.  Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in NRS 453A.600 to:

      (a) Authorized employees of the State of Nevada as necessary to perform official duties related to the research program; and

      (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful participant in the research program.

      Sec. 115.  NRS 453A.700 is hereby amended to read as follows:

      453A.700  1.  Except as otherwise provided in this section , [and] subsection 4 of NRS 453A.210 [,] and section 6 of this act, the Department and any designee of the Department shall maintain the confidentiality of and shall not disclose:

      (a) The contents of any applications, records or other written documentation that the Department or its designee creates or receives pursuant to the provisions of this chapter; or

      (b) The name or any other identifying information of:

             (1) An attending physician; or

             (2) A person who has applied for or to whom the Department or its designee has issued a registry identification card.

Ê [The] Except as otherwise provided in section 6 of this act, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the Department or its designee may release the name and other identifying information of a person to whom the Department or its designee has issued a registry identification card to:

      (a) Authorized employees of the Department or its designee as necessary to perform official duties of the Department; and

      (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250.

      Sec. 116.  NRS 459.050 is hereby amended to read as follows:

      459.050  1.  Any authorized representative of the Health Division may enter at any reasonable time upon any private or public property for the purpose of determining whether there is compliance with or violation of the provisions of NRS 459.010 to 459.290, inclusive, or of the rules and regulations promulgated under NRS 459.010 to 459.290, inclusive, and the owner, occupant or person in charge of such property shall permit such entry and inspection.

      2.  Entry into areas under the jurisdiction of the Federal Government shall be effected only with the concurrence of the Federal Government or its duly designated representative.

      3.  Any report of investigation or inspection, or any information concerning trade secrets or secret industrial processes obtained under NRS 459.010 to 459.290, inclusive, shall not be disclosed or opened to public inspection except as otherwise provided in section 6 of this act or as may be necessary for the performance of the functions of the State Board of Health.

 


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      Sec. 117.  NRS 459.555 is hereby amended to read as follows:

      459.555  1.  Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to hazardous waste is public information.

      2.  [Any] Except as otherwise provided in section 6 of this act, any information which specifically relates to the trade secrets of any person, including any processes, operations, style of work or apparatus, is confidential whenever it is established to the satisfaction of the Director that the information is entitled to protection as a trade secret. In determining whether the information is entitled to protection, the Director shall consider, among other things, whether the disclosure of that information would tend to affect adversely the competitive position of the information’s owner.

      3.  Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this State or the United States if:

      (a) He is engaged in carrying out the provisions of NRS 459.400 to 459.600, inclusive, or the provisions of federal law relating to hazardous waste; or

      (b) The information is relevant in any judicial proceeding or adversary administrative proceeding under NRS 459.400 to 459.600, inclusive, or under the provisions of federal law relating to hazardous waste, and is admissible under the rules of evidence.

      4.  The Commission shall adopt regulations concerning the availability of information which satisfy the criteria established by the Federal Government for delegation to the state of federal programs concerning the management of, and the enforcement of laws relating to, hazardous waste.

      Sec. 118.  NRS 459.7056 is hereby amended to read as follows:

      459.7056  1.  Except as otherwise provided in subsection 2 or section 6 of this act or required by federal law, the following information is confidential when provided to the Department on a uniform application:

      (a) Any information regarding the ownership of a motor carrier.

      (b) Any information regarding a parent company, affiliate or subsidiary of a motor carrier.

      (c) Any information regarding the financial balance sheet and statement of income of a motor carrier.

      (d) Any information regarding the liability of a motor carrier for any debts.

      (e) Any information regarding the customers of a motor carrier, including the services provided to specific customers.

      2.  The Department may, to the extent required for the administration of the uniform program, disclose any information described in subsection 1 to:

      (a) An appropriate agency of the Federal Government or a participating state; or

      (b) A national repository established to assist in the administration of the uniform program.

      Sec. 119.  NRS 459.846 is hereby amended to read as follows:

      459.846  1.  Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to storage tanks is public information.

      2.  [Any] Except as otherwise provided in section 6 of this act, any information which specifically relates to the trade secrets of any person is confidential. The following information shall be deemed a trade secret:

 


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ê2007 Statutes of Nevada, Page 2114 (Chapter 435, SB 123)ê

 

      (a) Information concerning fuel additives. For the purposes of this paragraph, “fuel additives” are ingredients which are present in fuel compositions in amounts of less than 1 percent by weight, including detergents, dispersants, demulsifiers and dyes.

      (b) Any other information considered to be a trade secret by the Director. A trade secret may include a formula, composition, process, method of operation, compilation of information or apparatus which is used in a person’s business and gives that person an opportunity to obtain an advantage over competitors. In determining whether information is a trade secret, the Director shall consider whether the information is publicly available in written form and, if not, whether its disclosure would tend to affect adversely the competitive position of the owner of the information.

      3.  Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this State or the United States if:

      (a) He is engaged in carrying out the provisions of NRS 459.800 to 459.856, inclusive, or the provisions of federal law relating to storage tanks; or

      (b) The information is relevant in any judicial proceeding or adversary administrative proceeding under NRS 459.800 to 459.856, inclusive, or under the provisions of federal law relating to storage tanks, and is admissible under the rules of evidence.

Ê The disclosure must be made in a manner which preserves the status of the information as a trade secret.

      Sec. 120.  NRS 482.170 is hereby amended to read as follows:

      482.170  Except as otherwise provided in NRS 481.063 and 485.316 [,] and section 6 of this act, all personal information in the records of registration and licensing in the offices of the Department is confidential and must not knowingly be disclosed by the Department.

      Sec. 121.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.

      2.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board.

 


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Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  [Information] Except as otherwise provided in section 6 of this act, information pertaining to the issuance of a driver’s license pursuant to subsection 2 is confidential.

      4.  It is unlawful for any person to use a driver’s license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  At the time of the issuance or renewal of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to have indicated on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or to refuse to make an anatomical gift of his body or part of his body.

      (b) Give the holder the opportunity to have indicated whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the organ donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with an organization which registers as donors persons who desire to make anatomical gifts.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant to NRS 483.3485, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his driver’s license.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      7.  The Department shall submit to the organ donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 5 information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 122.  NRS 483.363 is hereby amended to read as follows:

      483.363  1.  A person who is 18 years of age or older may file with the Department a report requesting that the Department examine a licensee who:

      (a) Is related to the person filing the report within the third degree of consanguinity or who is the spouse of the person filing the report; and

      (b) The person filing the report reasonably and in good faith believes cannot safely operate a motor vehicle.

      2.  The report described in subsection 1 must:

      (a) Include the name, relationship, address, telephone number and signature of the person filing the report.

      (b) State the person’s basis for believing that the licensee cannot safely operate a motor vehicle, which basis must be:

 


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             (1) Personal observation or physical evidence of a physical or medical condition that has the potential to impair the ability of the licensee to operate a motor vehicle, corroborated by an affidavit from a physician in which the physician concurs that the licensee should be examined to determine the licensee’s ability to safely operate a motor vehicle;

             (2) Personal knowledge that the driving record of the licensee indicates the unsafe operation of a motor vehicle, corroborated by an affidavit from a physician in which the physician concurs that the licensee should be examined to determine the licensee’s ability to safely operate a motor vehicle; or

             (3) An investigation by a law enforcement officer.

      (c) Be kept confidential, except as otherwise provided in section 6 of this act and except that the report must be released upon request of the licensee or an order of a court of competent jurisdiction.

Ê No person may file more than one report concerning the same licensee within a 12-month period.

      3.  The Director shall prescribe:

      (a) A standard form to be used for the filing of a report pursuant to this section; and

      (b) The procedure to be used for the filing of a report pursuant to this section.

      Sec. 123.  NRS 483.800 is hereby amended to read as follows:

      483.800  1.  The following sources shall submit, within 30 days after learning such information, to the Department the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the Department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether the person is blind, night-blind or has severely impaired vision:

      (a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and

      (b) Agencies of the State and political subdivisions which provide special tax consideration for blindness.

      2.  When any source described in subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision must be reported to the registry within 30 days after learning of that fact.

      3.  The Department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of the registry.

      4.  The Department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.

      5.  [All] Except as otherwise provided in section 6 of this act, all information learned by the Department pursuant to this section is confidential and any person who, without the consent of the person concerned, reveals that information for purposes other than those specified in this section, or other than for administration of the Program for Supplemental Security Income, including State Supplementary Assistance pursuant to chapter 422 or 422A of NRS, or services to blind persons pursuant to NRS 426.518 to 426.610, inclusive, is guilty of a misdemeanor.

 


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ê2007 Statutes of Nevada, Page 2117 (Chapter 435, SB 123)ê

 

      Sec. 124.  NRS 484.229 is hereby amended to read as follows:

      484.229  1.  Except as otherwise provided in subsections 2, 3 and 4, the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, shall, within 10 days after the accident, forward a written report of the accident to the Department. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this State, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS. The Department may require the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the Department.

      2.  A report is not required from any person if the accident was investigated by a law enforcement agency and the report of the investigating officer contains:

      (a) The name and address of the insurance company providing coverage to each person involved in the accident;

      (b) The number of each policy; and

      (c) The dates on which the coverage begins and ends.

      3.  The driver of a vehicle subject to the jurisdiction of the Surface Transportation Board or the Transportation Services Authority need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.

      4.  A written accident report is not required pursuant to this chapter from any person who is physically incapable of making a report, during the period of his incapacity. Whenever the driver is physically incapable of making a written report of an accident as required in this section and he is not the owner of the vehicle, the owner shall within 10 days after knowledge of the accident make the report not made by the driver.

      5.  All written reports required in this section to be forwarded to the Department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the Department or other state agencies having use of the records for accident prevention, except as otherwise provided in section 6 of this act and except that the Department may disclose to a person involved in an accident or to his insurer the identity of another person involved in the accident when his identity is not otherwise known or when he denies his presence at the accident. The Department may also disclose the name of his insurer and the number of his policy.

      6.  A written report forwarded pursuant to the provisions of this section may not be used as evidence in any trial, civil or criminal, arising out of an accident except that the Department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Department in compliance with law, and, if the report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers.

 


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ê2007 Statutes of Nevada, Page 2118 (Chapter 435, SB 123)ê

 

of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.

      Sec. 125.  NRS 485.316 is hereby amended to read as follows:

      485.316  1.  Except as otherwise provided in subsections 2 and 3 [,] and section 6 of this act, information which is maintained in the database created pursuant to NRS 485.313 is confidential.

      2.  The Department may only disclose information which is maintained in the database, upon request, to a state or local governmental agency for the purpose of enforcing NRS 485.185, including investigating or litigating a violation or alleged violation.

      3.  The Department may only disclose information retrieved from the database to:

      (a) A person who requests information regarding his own status;

      (b) The parent or legal guardian of the person about whom the information is requested if the person is an unemancipated minor or legally incapacitated;

      (c) A person who has a power of attorney from the person about whom the information is requested;

      (d) A person who submits a notarized release from the person about whom the information is requested which is dated no more than 90 days before the date of the request; or

      (e) A person who has suffered a loss or injury in an accident involving a motor vehicle, or his authorized insurer or a representative of his authorized insurer, who requests:

            (1) Information for use in the accident report; and

             (2) For each motor vehicle involved in the accident:

                   (I) The name and address of each registered owner;

                   (II) The name of the insurer; and

                   (III) The number of the policy of liability insurance.

      4.  A person who knowingly violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      5.  As used in this section, “authorized insurer” has the meaning ascribed to it in NRS 679A.030.

      Sec. 126.  NRS 561.285 is hereby amended to read as follows:

      561.285  1.  Except as otherwise provided in subsection 2, the Department may collect and disseminate, throughout the State, information calculated to educate and benefit the general public and the livestock and agricultural industries of the State of Nevada, and information pertaining to any program administered by the Department.

      2.  Except as otherwise provided in NRS 571.160 [,] and section 6 of this act, all proprietary information concerning:

      (a) Numbers of animals;

      (b) The quantity of production;

      (c) Fiscal or tax matters; or

      (d) The security of any facility,

Ê which specifically relates to a natural person, company, corporation or other nonpublic entity, and which is collected by the Department pursuant to the provisions of titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS, is confidential.

 


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ê2007 Statutes of Nevada, Page 2119 (Chapter 435, SB 123)ê

 

      Sec. 127.  NRS 571.160 is hereby amended to read as follows:

      571.160  If any animal becomes infected with any infectious, contagious or parasitic disease as defined by rules and regulations adopted by the State Quarantine Officer, the owner or agent in charge of the infected animal, or any inspector of the Department or any practicing veterinarian who has knowledge of the infected animal, shall immediately notify the State Quarantine Officer. [A] Except as otherwise provided in section 6 of this act, a notification of disease received pursuant to this section must be kept confidential unless:

      1.  The reported disease is specifically regulated pursuant to NRS 571.130 for mandatory control and eradication to protect the public health, other animals or wildlife; or

      2.  The State Quarantine Officer determines that a public health emergency exists.

      Sec. 128.  NRS 584.583 is hereby amended to read as follows:

      584.583  1.  No distributor or retailer may sell fluid milk, fluid cream, butter or any fresh dairy product below cost.

      2.  In determining the cost for a distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy product, the following factors, in addition to any other factor acceptable to the Commission, must be considered:

      (a) Cost of raw products based on actual cost or on current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for fluid milk and fluid cream.

      (b) Cost of production.

      (c) Reasonable return on capital investment.

      (d) Producer’s costs for transportation.

      (e) Cost of compliance with health regulations.

      (f) Overhead.

      3.  In determining the cost for a peddler-distributor or retailer, the following factors, in addition to any other factor acceptable to the Commission, must be considered:

      (a) Purchase price of the product.

      (b) Overhead for handling.

      (c) Reasonable return on capital investment.

      4.  For the purposes of subsections 2 and 3:

      (a) Reasonable return on capital investment must be calculated per unit of production by dividing the product of:

             (1) The net capital investment; and

             (2) The reasonable rate of return on capital investment,

Ê by the total sales per unit of production. “Net capital investment” includes land, buildings, equipment and any other capital asset used as a rate base. A reasonable rate of return on capital investment shall be deemed to be the rate fixed for 6-month United States treasury bills at the auction in the first week of the month of January or July immediately preceding the date that the reasonable return on capital investment is calculated.

      (b) Costs for overhead must be determined according to generally accepted principles of accounting and allocated proportionately to each unit of production. Costs for overhead include salaries for executives and officers of the company, all other costs of labor, including indirect costs, rent, depreciation, costs for maintenance, costs incurred in delivering the product, fees for licenses, taxes and insurance, cost of materials, costs for repairs, the cost of electricity and other public utilities, and all other costs that relate to the sale and distribution of the product.

 


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ê2007 Statutes of Nevada, Page 2120 (Chapter 435, SB 123)ê

 

cost of electricity and other public utilities, and all other costs that relate to the sale and distribution of the product. Any expense incurred in the marketing of a finished or manufactured dairy product which cannot be attributed directly to a particular product must be apportioned to the product on a basis consistent with generally accepted principles of accounting relating to costs.

      5.  Each distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy product and each peddler-distributor shall file with the Commission a statement of costs, listing separately, and as applicable, the items set forth in subsection 2 or 3 of this section and any other applicable factors relating to cost. The statements must be kept current as prescribed by regulations adopted by the Commission. All statements must be kept confidential by the Commission except as otherwise provided in section 6 of this act and except when used in judicial or administrative proceedings pursuant to NRS 584.325 to 584.670, inclusive.

      6.  Each distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy product and each peddler-distributor shall file with the Commission lists of wholesale prices and of minimum retail, distributor and dock prices. No distributor may sell at wholesale prices other than, or at retail, distributor or dock prices less than, those contained in the appropriate list, except in the case of bids to departments or agencies of federal, state and local governments. In no case may the distributor sell or offer to sell below cost.

      Sec. 129.  NRS 584.5835 is hereby amended to read as follows:

      584.5835  1.  A distributor shall not sell a substitute dairy product, as defined in NRS 584.176, below its cost to him.

      2.  A distributor who sells or distributes a substitute dairy product shall file with the Commission a statement of the cost of the substitute dairy product to him. The statement must be supplemented periodically as required by regulations adopted by the Commission. The Commission shall keep all statements confidential except as otherwise provided in section 6 of this act and except when used in a judicial proceeding or an administrative proceeding relating to the provisions of this chapter.

      Sec. 130.  NRS 584.655 is hereby amended to read as follows:

      584.655  Any record or report made to the Commission pursuant to the provisions of NRS 584.650 shall be confidential and shall not be divulged except as otherwise provided in section 6 of this act and except when necessary for the proper determination of any court proceedings or hearing before the Commission.

      Sec. 131.  NRS 598.0979 is hereby amended to read as follows:

      598.0979  1.  Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, when the Commissioner or Director has cause to believe that a person has engaged or is engaging in any deceptive trade practice, knowingly or otherwise, he may request in writing that the Attorney General represent him in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order prohibiting the person from continuing the practices. The court may make orders or judgments necessary to prevent the use by the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by the deceptive trade practice.

 


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ê2007 Statutes of Nevada, Page 2121 (Chapter 435, SB 123)ê

 

      2.  Where the Commissioner or Director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he may accept an assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the payment by the alleged violator of:

      (a) The costs of investigation and the costs of instituting the action or proceeding;

      (b) Any amount of money which he may be required to pay pursuant to the provisions of NRS 598.0971 in lieu of any administrative fine; and

      (c) The restitution of any money or property acquired by any deceptive trade practice.

Ê Except as otherwise provided in this subsection [,] and section 6 of this act, any assurance of discontinuance accepted by the Commissioner or Director and any stipulation filed with the court is confidential to the parties to the action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1 , [of this section,] has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation becomes a public record. Proof by a preponderance of the evidence of a violation of an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the Commissioner or Director, whether a new action or a subsequent motion or petition in any pending action or proceeding.

      Sec. 132.  NRS 598A.110 is hereby amended to read as follows:

      598A.110  Any procedure, testimony taken, document or other tangible evidence produced, or answer made under NRS 598A.100 shall be kept confidential by the Attorney General prior to the institution of an action brought under this chapter for the alleged violation of the provisions of this chapter under investigation, unless:

      1.  Confidentiality is waived by the person upon whom the written investigative demand is made [;] or pursuant to section 6 of this act;

      2.  Disclosure is authorized by the district court; or

      3.  Disclosure is made pursuant to NRS 598A.080.

      Sec. 133.  NRS 599B.090 is hereby amended to read as follows:

      599B.090  1.  An applicant for registration as a seller must submit to the Division, in such form as it prescribes, a written application for registration. The application must:

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

      (b) Set forth the name of any parent or affiliated entity that:

             (1) Will engage in a business or other transaction with the consumer relating to any sale or donation solicited by the applicant; or

             (2) Accepts responsibility for any statement or act of the applicant relating to any sale or donation solicited by the applicant;

      (c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;

      (d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;

 


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      (e) Set forth the name and address of each:

             (1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;

             (2) Person responsible for a location from which the applicant will do business; and

             (3) Salesman to be employed by or otherwise associated with the applicant;

      (f) Be accompanied by a copy of any:

             (1) Script, outline or presentation the applicant will require a salesman to use when soliciting or, if no such document is used, a statement to that effect;

             (2) Sales or donation information or literature to be provided by the applicant to a salesman, or of which the applicant will inform the salesman; and

             (3) Sales or donation information or literature to be provided by the applicant to a consumer in connection with any solicitation;

      (g) If the applicant is a corporation, be signed by an officer of the corporation; and

      (h) If the applicant is a natural person, be completed personally by the applicant.

      2.  Any material submitted pursuant to paragraph (f) of subsection 1 is submitted for the records of the Division and not for the approval of the Division.

      3.  The information provided pursuant to paragraph (f) of subsection 1 by an applicant for registration as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction , [or] by order of a court of competent jurisdiction [.] or pursuant to section 6 of this act.

      4.  If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:

      (a) In the case of a partnership, provide a copy of any written partnership agreement; or

      (b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.

      5.  An application filed pursuant to this section must be verified and accompanied by:

      (a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;

      (b) A fee for registration in the amount of $6,000;

      (c) If subsection 6 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection; and

      (d) A copy of:

             (1) The work card issued to the seller pursuant to subsection 1 of NRS 599B.115, if the seller is required to obtain a work card; and

             (2) The work cards of any other persons associated with the seller who are required to obtain work cards pursuant to subsection 2 of NRS 599B.115.

      6.  If an applicant intends to do business under any assumed or fictitious name, he must, for each such name:

 


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      (a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and

      (b) Pay an additional fee for registration in the amount of $6,000.

      Sec. 134.  NRS 603.070 is hereby amended to read as follows:

      603.070  [A] Except as otherwise provided in section 6 of this act, a governmental agency which obtains a proprietary program or the data stored in a computer must keep the program or data confidential. The governmental agency may only use the program or data for the purpose for which it was obtained, and may not release the program or data without the prior written consent of the owner.

      Sec. 135.  NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section [,] and section 6 of this act, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the Division, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of the Employment Service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  Upon written request made by a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. [The] Except as otherwise provided in section 6 of this act, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

 


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      5.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      6.  Upon request therefor the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      7.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that he furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. He may charge a fee to cover the actual costs of any related administrative expenses.

      8.  In addition to the provisions of subsection 5, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  A private carrier that provides industrial insurance in this State shall submit to the Administrator a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the Division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the private carrier must be in a form determined by the Administrator and must contain the social security number of each such person. Upon receipt of the request, the Administrator shall make such a comparison and, if it appears from the information submitted that a person is simultaneously claiming benefits under chapter 612 of NRS and under chapters 616A to 616D, inclusive, or 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

 


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notify the Attorney General or any other appropriate law enforcement agency. The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      11.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

      12.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 136.  NRS 616B.012 is hereby amended to read as follows:

      616B.012  1.  Except as otherwise provided in this section and [in] NRS 616B.015, 616B.021 and 616C.205 [,] and section 6 of this act, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      3.  The Division and Administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The Administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

      (a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.

      4.  Upon written request made by a public officer of a local government, an insurer shall furnish from its records the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government.

 


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certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. [The] Except as otherwise provided in section 6 of this act, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to the local government. The insurer may charge a reasonable fee for the cost of providing the requested information.

      5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit to the Administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the Administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.

      6.  Upon request by the Department of Taxation, the Administrator shall provide:

      (a) Lists containing the names and addresses of employers; and

      (b) Other information concerning employers collected and maintained by the Administrator or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

Ê to the Department for its use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a reasonable fee to cover any related administrative expenses.

      7.  Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.

      8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      9.  The provisions of this section do not prohibit the Administrator or the Division from disclosing any nonproprietary information relating to an uninsured employer or proof of industrial insurance.

      Sec. 137.  NRS 616B.015 is hereby amended to read as follows:

      616B.015  1.  Except as otherwise provided in subsection 2 [,] and section 6 of this act, the records and files of the Division concerning self-insured employers and associations of self-insured public or private employers are confidential and may be revealed in whole or in part only in the course of the administration of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS relating to those employers or upon the lawful order of a court of competent jurisdiction.

      2.  The records and files specified in subsection 1 are not confidential in the following cases:

 


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      (a) Testimony by an officer or agent of the Division and the production of records and files on behalf of the Division in any action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if that testimony or the records and files, or the facts shown thereby, are involved in the action or proceeding.

      (b) Delivery to a self-insured employer or an association of self-insured public or private employers of a copy of any document filed by the employer with the Division pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      (c) Publication of statistics if classified so as to prevent:

             (1) Identification of a particular employer or document; or

             (2) Disclosure of the financial or business condition of a particular employer or insurer.

      (d) Disclosure in confidence, without further distribution or disclosure to any other person, to:

             (1) The Governor or his agent in the exercise of the Governor’s general supervisory powers;

             (2) Any person authorized to audit the accounts of the Division in pursuance of an audit;

             (3) The Attorney General or other legal representative of the State in connection with an action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;

             (4) Any agency of this or any other state charged with the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation; or

             (5) Any federal, state or local law enforcement agency.

      (e) Disclosure in confidence by a person who receives information pursuant to paragraph (d) to a person in furtherance of the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation.

      3.  As used in this section:

      (a) “Division” means the Division of Insurance of the Department of Business and Industry.

      (b) “Records and files” means:

             (1) All credit reports, references, investigative records, financial information and data pertaining to the net worth of a self-insured employer or association of self-insured public or private employers; and

             (2) All information and data required by the Division to be furnished to it pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or which may be otherwise obtained relative to the finances, earnings, revenue, trade secrets or the financial condition of any self-insured employer or association of self-insured public or private employers.

      Sec. 138.  NRS 616B.315 is hereby amended to read as follows:

      616B.315  A self-insured employer shall notify the Commissioner not less than 60 days before any change in ownership or control of the employer. The certification of the self-insured employer terminates automatically on the date of the change unless the Commissioner extends the certification. Except as otherwise provided in NRS 616B.015, the Commissioner, upon request, may declare as confidential any documents which are submitted in support of a request for such an extension. Documents declared confidential pursuant to this section are subject to the provisions of section 6 of this act.

 


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      Sec. 139.  NRS 616B.350 is hereby amended to read as follows:

      616B.350  1.  A group of five or more employers may not act as an association of self-insured public employers unless the group:

      (a) Is composed of employers engaged in the same or similar classifications of employment; and

      (b) Has been issued a certificate to act as such an association by the Commissioner.

      2.  A group of five or more employers may not act as an association of self-insured private employers unless each member of the group:

      (a) Is a member or associate member of a bona fide trade association, as determined by the Commissioner, which:

             (1) Is incorporated in this State; and

             (2) Has been in existence for at least 5 years; and

      (b) Has been issued a certificate to act as such an association by the Commissioner.

      3.  An association of public or private employers that wishes to be issued a certificate must file with the Commissioner an application for certification.

      4.  The application must include:

      (a) The name of the association.

      (b) The address of:

             (1) The principal office of the association.

             (2) The location where the books and records of the association will be maintained.

      (c) The date the association was organized.

      (d) The name and address of each member of the association.

      (e) The names of the initial members of the board of trustees and the name of the initial association’s administrator.

      (f) Such other information as the Commissioner may require.

      5.  The application must be accompanied by:

      (a) A nonrefundable filing fee of $1,000.

      (b) Proof of compliance with NRS 616B.353.

      (c) Proof that the association or its third-party administrator is licensed or otherwise authorized to conduct business in this State pursuant to title 57 of NRS.

      (d) A copy of the agreements entered into with the association’s administrator and a third-party administrator.

      (e) A copy of the bylaws of the association.

      (f) A copy of an agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due pursuant to chapters 616A to 617, inclusive, of NRS.

      (g) A pro forma financial statement prepared by an independent certified public accountant in accordance with generally accepted accounting principles that shows the financial ability of the association to pay all compensation due pursuant to chapters 616A to 617, inclusive, of NRS.

      (h) A reviewed financial statement prepared by an independent certified public accountant for each proposed member of the association or evidence of the ability of the association or its proposed members to provide a solvency bond pursuant to subsection 3 of NRS 616B.353.

      (i) Proof that each member of the association will make the initial payment to the association required pursuant to NRS 616B.416 on a date specified by the Commissioner. The payment shall be deemed to be a part of the assessment required to be paid by each member for the first year of self-insurance if certification is issued to the association.

 


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the assessment required to be paid by each member for the first year of self-insurance if certification is issued to the association.

      6.  [Any] Except as otherwise provided in section 6 of this act, any financial information relating to a member of an association received by the Commissioner pursuant to the provisions of this section is confidential and must not be disclosed.

      7.  For the purposes of this section, “associate member of a bona fide trade association” means a supplier whose business, as determined by the Commissioner:

      (a) Is limited to a specific industry; and

      (b) Primarily involves providing a product or service that is directly used or consumed by substantially all of the members of the trade association or bears a direct relationship to the business of the members of the association.

      Sec. 140.  NRS 618.341 is hereby amended to read as follows:

      618.341  1.  Except as otherwise provided in this section, the public may inspect all records of the Division which contain information regarding:

      (a) An oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm;

      (b) The manner in which the Division acted on any such complaint;

      (c) Any citation issued by the Division to an employer and the reason for its issuance; and

      (d) Any penalty imposed by the Division on an employer and the reason therefor.

      2.  The Division shall, upon oral or written request and payment of any applicable charges, provide to any person a copy of any record of the Division which is open to public inspection pursuant to subsection 1. The first six pages reproduced pursuant to each such request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction.

      3.  Except as otherwise provided in subsection 4 [,] and section 6 of this act, the Division shall keep confidential:

      (a) The name of any employee who filed any complaint against an employer or who made any statement to the Division concerning an employer; and

      (b) Any information which is part of a current investigation by the Division, but the fact that an investigation is being conducted is public information.

Ê As used in this subsection, “current investigation” means any investigation conducted before the issuance of a citation or notice of violation or, if no citation or notice of violation is issued, an investigation which is not closed.

      4.  The Division shall, upon the receipt of a written request from a law enforcement agency, disclose otherwise confidential information to that law enforcement agency for the limited purpose of pursuing a criminal investigation.

      Sec. 141.  NRS 618.425 is hereby amended to read as follows:

      618.425  1.  Any employee, representative of employees, provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, building official or other similar authority, believing that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an investigation by giving notice, orally or in writing, to the Administrator or his representative of the violation or danger.

 


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request an investigation by giving notice, orally or in writing, to the Administrator or his representative of the violation or danger.

      2.  The person giving the notice must state with reasonable particularity the grounds for the notice. [The] Except as otherwise provided in section 6 of this act, the name of any employee giving a complaint notice or names of employees mentioned in the complaint must be held confidential. If the complaint is given orally, the Division shall send to the complainant a form upon which he may supplement his oral complaint. His failure to return the form does not affect the Division’s duty to act pursuant to this section.

      3.  If upon receipt of the notification the Division determines that there are reasonable grounds to believe that a violation or imminent danger exists, it shall make a special investigation within 14 days unless there is a substantial probability that death or serious physical harm could result from the violation or danger, then the investigation must be made immediately after the Administrator receives the notice to determine whether a violation or imminent danger exists. The Division need not investigate a complaint within the times required by this subsection if, from the facts stated in the complaint, the Administrator determines that the complaint is intended solely to harass the employer. If the Division determines that there are no reasonable grounds to believe that a violation or imminent danger exists, it shall notify the employees or other person who gave the notice of such determination within 14 days after the Administrator receives the notice.

      Sec. 142.  NRS 623.131 is hereby amended to read as follows:

      623.131  1.  Except as otherwise provided in this section [,] and section 6 of this act, the records of the Board which relate to an employee of the Board or an examination given by the Board are confidential.

      2.  The records described in this section may be disclosed, pursuant to procedures established by regulation of the Board, to a court or an agency of the Federal Government, any state, any political subdivision of this State or any other related professional board or organization.

      3.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The Board may report to other related professional boards and organizations an applicant’s score on an examination given by the Board.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 143.  NRS 623A.353 is hereby amended to read as follows:

      623A.353  1.  Except as otherwise provided in this section [,] and section 6 of this act, a record of the Board that relates to an employee of the Board or an examination administered by the Board is confidential.

 


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      2.  The records described in this section may be disclosed, pursuant to procedures established by regulation of the Board, to:

      (a) A court;

      (b) An agency of the Federal Government;

      (c) Another state;

      (d) A political subdivision of this State; or

      (e) Any other related professional board or organization.

      3.  The Board may report to any other related professional board and organization the score of an applicant on an examination administered by the Board.

      4.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      5.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 144.  NRS 624.110 is hereby amended to read as follows:

      624.110  1.  The Board may maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there must be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.

      2.  Except as otherwise required in NRS 624.327 [,] and section 6 of this act, credit reports, references, financial information and data pertaining to a licensee’s net worth are confidential and not open to public inspection.

      Sec. 145.  NRS 624.265 is hereby amended to read as follows:

      624.265  1.  An applicant for a contractor’s license or a licensed contractor and each officer, director, partner and associate thereof must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof, has:

      (a) Committed any act which would be grounds for the denial, suspension or revocation of a contractor’s license;

      (b) A bad reputation for honesty and integrity;

      (c) Entered a plea of nolo contendere or guilty to, been found guilty of or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

      (d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.

 


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ê2007 Statutes of Nevada, Page 2132 (Chapter 435, SB 123)ê

 

      2.  Upon the request of the Board, an applicant for a contractor’s license, and any officer, director, partner or associate of the applicant, must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of his fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicant’s fingerprints may be taken by an agent of the Board or an agency of law enforcement.

      3.  [The] Except as otherwise provided in section 6 of this act, the Board shall keep the results of the investigation confidential and not subject to inspection by the general public.

      4.  The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      5.  The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

      (a) Arrests;

      (b) Guilty pleas;

      (c) Sentencing;

      (d) Probation;

      (e) Parole;

      (f) Bail;

      (g) Complaints; and

      (h) Final dispositions,

Ê for the investigation of a licensee or an applicant for a contractor’s license.

      Sec. 146.  NRS 624.327 is hereby amended to read as follows:

      624.327  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      Sec. 147.  NRS 625.425 is hereby amended to read as follows:

      625.425  1.  [Any] Except as otherwise provided in section 6 of this act, any information obtained during the course of an investigation by the Board and any record of an investigation is confidential. If no disciplinary action is taken against a licensee, an applicant for licensure, an intern or an applicant for certification as an intern, or no civil penalty is imposed pursuant to NRS 625.590, the information in his investigative file remains confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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ê2007 Statutes of Nevada, Page 2133 (Chapter 435, SB 123)ê

 

      3.  The provisions of this section do not prohibit the Board or its employees from communicating and cooperating with another licensing board or any other agency that is investigating a person.

      Sec. 148.  NRS 625A.185 is hereby amended to read as follows:

      625A.185  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 149.  NRS 628.418 is hereby amended to read as follows:

      628.418  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      Sec. 150.  NRS 630.30665 is hereby amended to read as follows:

      630.30665  1.  The Board shall require each holder of a license to practice medicine to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report:

      (a) Stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

             (1) At a medical facility as that term is defined in NRS 449.0151; or

             (2) Outside of this State; and

      (b) Reporting the occurrence of any sentinel event arising from any such surgery.

      2.  Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action.

      3.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsection 1; and

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.

      4.  [A] Except as otherwise provided in section 6 of this act, a report received pursuant to subsection 1 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

 


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ê2007 Statutes of Nevada, Page 2134 (Chapter 435, SB 123)ê

 

      5.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      6.  As used in this section:

      (a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

      (b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

      (c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

      (d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

      Sec. 151.  NRS 630.336 is hereby amended to read as follows:

      630.336  1.  Any deliberations conducted or vote taken by the Board or any investigative committee of the Board regarding its ordering of a physician, physician assistant or practitioner of respiratory care to undergo a physical or mental examination or any other examination designated to assist the Board or committee in determining the fitness of a physician, physician assistant or practitioner of respiratory care are not subject to the requirements of NRS 241.020.

      2.  Except as otherwise provided in subsection 3 or 4, all applications for a license to practice medicine or respiratory care, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of such hearings and any order or decision of the Board or panel must be open to the public.

      3.  [The] Except as otherwise provided in section 6 of this act, the following may be kept confidential:

      (a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;

      (b) Any report concerning the fitness of any person to receive or hold a license to practice medicine or respiratory care; and

      (c) Any communication between:

             (1) The Board and any of its committees or panels; and

             (2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

      4.  Except as otherwise provided in subsection 5 [,] and section 6 of this act, a complaint filed with the Board pursuant to NRS 630.307, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

 


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ê2007 Statutes of Nevada, Page 2135 (Chapter 435, SB 123)ê

 

and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      5.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  This section does not prevent or prohibit the Board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency. Such cooperation may include, without limitation, providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.

      Sec. 152.  NRS 630A.555 is hereby amended to read as follows:

      630A.555  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 153.  NRS 631.368 is hereby amended to read as follows:

      631.368  1.  Except as otherwise provided in this section [,] and section 6 of this act, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The Board may provide any record or information described in subsection 1 to any other licensing board or agency or any agency which is investigating a person licensed pursuant to this chapter, including a law enforcement agency.

      Sec. 154.  NRS 632.125 is hereby amended to read as follows:

      632.125  1.  Each hospital or agency in the State employing professional or practical nurses or nursing assistants shall submit a list of such nursing personnel to the Board at least three times annually as directed by the Board. [Each] Except as otherwise provided in section 6 of this act, each list submitted to the Board pursuant to this subsection is confidential.

      2.  A medical facility shall, before hiring a nursing assistant or nursing assistant trainee, obtain validation from the Board that the prospective employee has a current certificate, is enrolled in a training program required for certification or is awaiting the results of a certification examination.

 


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ê2007 Statutes of Nevada, Page 2136 (Chapter 435, SB 123)ê

 

      Sec. 155.  NRS 632.405 is hereby amended to read as follows:

      632.405  1.  Except as otherwise provided in this section [,] and section 6 of this act, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose disciplinary action are public records.

      3.  This section does not prevent or prohibit the Board from communicating or cooperating with another licensing Board or any agency that is investigating a licensee, including a law enforcement agency.

      Sec. 156.  NRS 633.301 is hereby amended to read as follows:

      633.301  1.  The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician licensed under this chapter.

      2.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      3.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 157.  NRS 633.524 is hereby amended to read as follows:

      633.524  1.  The Board shall require each holder of a license issued pursuant to this chapter to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report:

      (a) Stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

             (1) At a medical facility as that term is defined in NRS 449.0151; or

             (2) Outside of this State; and

      (b) Reporting the occurrence of any sentinel event arising from any such surgery.

      2.  Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action.

 


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ê2007 Statutes of Nevada, Page 2137 (Chapter 435, SB 123)ê

 

      3.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsection 1; and

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.

      4.  [A] Except as otherwise provided in section 6 of this act, a report received pursuant to subsection 1 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      5.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      6.  As used in this section:

      (a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

      (b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

      (c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

      (d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

      Sec. 158.  NRS 634.212 is hereby amended to read as follows:

      634.212  1.  The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in NRS 634.214, the records must be open to public inspection at all reasonable times and must contain the name, known place of business and residence, and the date and number of the license of every chiropractor licensed under this chapter. The Board may keep such other records as it deems desirable.

      2.  Except as otherwise provided in this subsection [,] and section 6 of this act, all information pertaining to the personal background, medical history or financial affairs of an applicant or licensee which the Board requires to be furnished to it under this chapter, or which it otherwise obtains, is confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or upon the order of a court of competent jurisdiction. The Board may, under procedures established by regulation, permit the disclosure of this information to any agent of the Federal Government, of another state or of any political subdivision of this State who is authorized to receive it.

 


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ê2007 Statutes of Nevada, Page 2138 (Chapter 435, SB 123)ê

 

      3.  Notice of the disclosure and the contents of the information disclosed pursuant to subsection 2 must be given to the applicant or licensee who is the subject of that information.

      Sec. 159.  NRS 634.214 is hereby amended to read as follows:

      634.214  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who is licensed pursuant to the provisions of this chapter.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      Sec. 160.  NRS 634A.185 is hereby amended to read as follows:

      634A.185  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

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

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 161.  NRS 635.158 is hereby amended to read as follows:

      635.158  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

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

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

 


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ê2007 Statutes of Nevada, Page 2139 (Chapter 435, SB 123)ê

 

information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 162.  NRS 636.107 is hereby amended to read as follows:

      636.107  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      Sec. 163.  NRS 637.085 is hereby amended to read as follows:

      637.085  1.  Except as otherwise provided in this section, all applications for licensure, financial records of the Board and records of hearings and any order or decision of the Board or a panel must be open to the public.

      2.  Except as otherwise provided in this section [,] and section 6 of this act, the following may be kept confidential:

      (a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application.

      (b) Any report concerning the fitness of any person to receive or hold a license to practice ophthalmic dispensing.

      (c) Any communication between:

             (1) The Board and any of its committees or panels; and

             (2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

      (d) Any other information or records in the possession of the Board.

      3.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 164.  NRS 637A.315 is hereby amended to read as follows:

      637A.315  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

 


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ê2007 Statutes of Nevada, Page 2140 (Chapter 435, SB 123)ê

 

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 165.  NRS 637B.288 is hereby amended to read as follows:

      637B.288  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 166.  NRS 638.087 is hereby amended to read as follows:

      638.087  1.  The Board shall keep a record of:

      (a) All charges filed against a licensee;

      (b) The proceedings of any formal hearing conducted by the Board or a hearing officer;

      (c) Any order filed by the Board; and

      (d) All licenses issued by the Board including the name of the holder of the license, his business address, the date the license was issued and the number of the license.

      2.  Except as otherwise provided in this section, the records of the Board listed in subsection 1 must be open to the public at reasonable times and places.

      3.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

 


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ê2007 Statutes of Nevada, Page 2141 (Chapter 435, SB 123)ê

 

information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 167.  NRS 638.089 is hereby amended to read as follows:

      638.089  1.  Except as provided in this section [,] and section 6 of this act, all information received by the Board concerning an applicant for a license or a licensee, including the results of an investigation, is confidential.

      2.  If the Board takes disciplinary action against an applicant or licensee, the complaint and the action taken are no longer required to be confidential.

      3.  If the Board conducts any proceeding other than a disciplinary action regarding an applicant or licensee, its statement of findings and any order issued relating thereto are no longer required to be confidential.

      4.  Information concerning an applicant or a licensee may be disclosed, pursuant to procedures established by regulation of the Board, to a court or an agency of the Federal Government, any state or any political subdivision of this State. Notice of the disclosure and the contents of the information must be given to the applicant or licensee within 3 business days before the disclosure.

      Sec. 168.  NRS 639.2485 is hereby amended to read as follows:

      639.2485  1.  Except as otherwise provided in this section [,] and section 6 of this act, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The Board may disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.

      4.  If the Board receives a request or subpoena for records or information obtained during an investigation by the Board and the records or information is not made public pursuant to subsection 2, the Board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the Board may release the records or information only upon the order of a court of competent jurisdiction.

      Sec. 169.  NRS 640.075 is hereby amended to read as follows:

      640.075  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

 


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ê2007 Statutes of Nevada, Page 2142 (Chapter 435, SB 123)ê

 

information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

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

      Sec. 170.  NRS 640A.220 is hereby amended to read as follows:

      640A.220  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 171.  NRS 640B.730 is hereby amended to read as follows:

      640B.730  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 172.  NRS 640C.400 is hereby amended to read as follows:

      640C.400  1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that he has successfully completed a program of massage therapy recognized by the Board;

 


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ê2007 Statutes of Nevada, Page 2143 (Chapter 435, SB 123)ê

 

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his license to practice massage therapy; and

                   (II) Disciplinary proceedings relating to his license to practice massage therapy are not pending;

             (5) Except as otherwise provided in NRS 640C.440, a complete set of fingerprints and written permission authorizing the Board 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;

             (6) The names and addresses of five natural persons not related to the applicant and not business associates of the applicant who are willing to serve as character references;

             (7) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

             (8) If required by the Board, a financial questionnaire; and

      (c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in subsection 3, pass a written examination administered by any board that is accredited by the National Commission for Certifying Agencies, or its successor organization, to examine massage therapists.

      3.  If the Board determines that the examinations being administered pursuant to paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

      4.  The Board shall recognize a program of massage therapy that is:

      (a) Approved by the Commission on Postsecondary Education; or

      (b) Offered by a public college in this State or any other state.

Ê The Board may recognize other programs of massage therapy.

      5.  The Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

             (3) The existence and nature of any pending litigation involving the applicant that would affect his suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant;

      (b) If the Board determines that it is unable to conduct a complete investigation, require the applicant to submit a financial questionnaire and investigate the financial background and each source of funding of the applicant;

 


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ê2007 Statutes of Nevada, Page 2144 (Chapter 435, SB 123)ê

 

      (c) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320; and

      (d) [Maintain] Except as otherwise provided in section 6 of this act, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 173.  NRS 640C.760 is hereby amended to read as follows:

      640C.760  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 174.  NRS 641.090 is hereby amended to read as follows:

      641.090  1.  The Secretary-Treasurer shall make and keep on behalf of the Board:

      (a) A record of all its meetings and proceedings.

      (b) A record of all violations and prosecutions under the provisions of this chapter.

      (c) A record of all examinations of applicants.

      (d) A register of all licenses.

      (e) A register of all holders of licenses.

      (f) An inventory of the property of the Board and of the State in the Board’s possession.

      2.  These records must be kept in the office of the Board and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.

      3.  [The] Except as otherwise provided in section 6 of this act, the Board may keep the personnel records of applicants confidential.

      4.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

 


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ê2007 Statutes of Nevada, Page 2145 (Chapter 435, SB 123)ê

 

      5.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 175.  NRS 641A.191 is hereby amended to read as follows:

      641A.191  1.  Except as otherwise provided in this section [,] and section 6 of this act, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  This section does not prohibit the Board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.

      Sec. 176.  NRS 641B.170 is hereby amended to read as follows:

      641B.170  1.  Except as otherwise provided in this section [,] and section 6 of this act, any records or information received by the Board relating to a licensee or an applicant for a license [is] are confidential.

      2.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      3.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 177.  NRS 641C.760 is hereby amended to read as follows:

      641C.760  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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ê2007 Statutes of Nevada, Page 2146 (Chapter 435, SB 123)ê

 

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 178.  NRS 642.524 is hereby amended to read as follows:

      642.524  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 179.  NRS 643.189 is hereby amended to read as follows:

      643.189  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging document filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 180.  NRS 644.446 is hereby amended to read as follows:

      644.446  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging document filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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ê2007 Statutes of Nevada, Page 2147 (Chapter 435, SB 123)ê

 

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 181.  NRS 645.625 is hereby amended to read as follows:

      645.625  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  A complaint or other document filed with the Commission to initiate disciplinary action and all documents and information considered by the Commission when determining whether to impose discipline are public records.

      Sec. 182.  NRS 645A.082 is hereby amended to read as follows:

      645A.082  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.

      Sec. 183.  NRS 645B.092 is hereby amended to read as follows:

      645B.092  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.

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

      Sec. 184.  NRS 645C.220 is hereby amended to read as follows:

      645C.220  1.  The Division shall maintain a record of:

      (a) Persons whose applications for a certificate, license or registration card have been denied;

      (b) Investigations conducted by it which result in the initiation of formal disciplinary proceedings;

      (c) Formal disciplinary proceedings; and

      (d) Rulings or decisions upon complaints filed with it.

      2.  Except as otherwise provided in this section and NRS 645C.225, records kept in the office of the Division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the Commission. [The] Except as otherwise provided in section 6 of this act, the Division may keep confidential, unless otherwise ordered by a court:

 


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ê2007 Statutes of Nevada, Page 2148 (Chapter 435, SB 123)ê

 

      (a) Examinations for a certificate or license; and

      (b) The criminal and financial records of an appraiser or intern, or an applicant for a certificate, license or registration card.

      Sec. 185.  NRS 645C.225 is hereby amended to read as follows:

      645C.225  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Commission, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Commission to initiate disciplinary action and all documents and information considered by the Commission when determining whether to impose discipline are public records.

      Sec. 186.  NRS 645D.130 is hereby amended to read as follows:

      645D.130  1.  The Division shall maintain a record of:

      (a) Persons from whom it receives applications for a certificate;

      (b) Investigations conducted by it that result in the initiation of formal disciplinary proceedings;

      (c) Formal disciplinary proceedings; and

      (d) Rulings or decisions upon complaints filed with it.

      2.  Except as otherwise provided in this section and NRS 645D.135, records kept in the office of the Division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the Division. The Division shall keep confidential, except as otherwise provided in section 6 of this act or unless otherwise ordered by a court, the criminal and financial records of an inspector or of an applicant for a certificate.

      Sec. 187.  NRS 645D.135 is hereby amended to read as follows:

      645D.135  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Division, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.

      Sec. 188.  NRS 645E.375 is hereby amended to read as follows:

      645E.375  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.

      Sec. 189.  NRS 648.033 is hereby amended to read as follows:

      648.033  1.  The Board shall maintain a public record of:

      (a) The business it transacts at its regular and special meetings; and

      (b) The applications received by it together with the record of the disposition of each application.

 


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ê2007 Statutes of Nevada, Page 2149 (Chapter 435, SB 123)ê

 

      2.  [Information] Except as otherwise provided in section 6 of this act, information obtained by the Board from other than public sources concerning the:

      (a) Financial condition; or

      (b) Criminal record,

Ê of an applicant or a licensee is confidential and may be revealed only to the extent necessary for the proper administration of the provisions of this chapter.

      3.  The Board may release information described in subsection 2 to an agency of the Federal Government, of a state or of a political subdivision of this State.

      4.  The Board shall adopt by regulation a procedure for notifying the applicant or licensee of the release of confidential information pursuant to subsections 2 and 3. The Board shall release information described in subsection 2 concerning an applicant or licensee to the applicant or licensee upon request.

      5.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      6.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      7.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 190.  NRS 649.067 is hereby amended to read as follows:

      649.067  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.

      Sec. 191.  NRS 652.228 is hereby amended to read as follows:

      652.228  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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ê2007 Statutes of Nevada, Page 2150 (Chapter 435, SB 123)ê

 

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

      Sec. 192.  NRS 654.110 is hereby amended to read as follows:

      654.110  1.  In a manner consistent with the provisions of chapter 622A of NRS, the Board shall:

      (a) Develop, impose and enforce standards which must be met by persons to receive licenses as nursing facility administrators or administrators of residential facilities for groups. The standards must be designed to ensure that nursing facility administrators or persons acting as administrators of residential facilities for groups will be persons who are of good character and otherwise suitable, and who, by training or experience in their respective fields of administering health care facilities, are qualified to serve as nursing facility administrators or administrators of residential facilities for groups.

      (b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether a person meets those standards.

      (c) Issue licenses to persons determined, after the application of appropriate techniques, to meet those standards.

      (d) Revoke or suspend licenses previously issued by the Board in any case if the person holding the license is determined substantially to have failed to conform to the requirements of the standards.

      (e) Establish and carry out procedures designed to ensure that persons licensed as nursing facility administrators or administrators of residential facilities for groups will, during any period they serve as such, comply with the requirements of the standards.

      (f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the Board to the effect that any person licensed as a nursing facility administrator or an administrator of a residential facility for groups has failed to comply with the requirements of the standards. The Board shall initiate an investigation of any charge or complaint filed with the Board within 30 days after receiving the charge or complaint.

      (g) Conduct a continuing study of:

             (1) Facilities for skilled nursing, facilities for intermediate care and their administrators; and

             (2) Residential facilities for groups and their administrators,

Ê with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards.

      (h) Conduct or approve, or both, a program of training and instruction designed to enable all persons to obtain the qualifications necessary to meet the standards set by the Board for qualification as a nursing facility administrator or an administrator of a residential facility for groups.

      2.  Except as otherwise provided in this section, all records kept by the Board, not otherwise privileged or confidential, are public records.

      3.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

 


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ê2007 Statutes of Nevada, Page 2151 (Chapter 435, SB 123)ê

 

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 193.  NRS 656.105 is hereby amended to read as follows:

      656.105  1.  Except as otherwise provided in this section [,] and section 6 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

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

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 194.  NRS 671.170 is hereby amended to read as follows:

      671.170  1.  The Commissioner may conduct any necessary investigations and hearings to determine whether any licensee or other person has violated any of the provisions of this chapter or whether any licensee has conducted himself in a manner which requires the suspension, revocation or denial of renewal of his license.

      2.  In conducting any investigation or hearing pursuant to this chapter, the Commissioner, or any person designated by him, may require the attendance and testimony of any person and compel the production of all relevant books, records, accounts and other documents. The cost of any examination or investigation, not to exceed $10 an hour, must be borne by the licensee.

      3.  The Commissioner may require any licensee to submit such reports concerning his business as the Commissioner deems necessary for the enforcement of this chapter.

      4.  [All] Except as otherwise provided in section 6 of this act, all reports of investigations and examinations and other reports rendered pursuant to this section, and all correspondence and memoranda relating to or arising therefrom, including any authenticated copies thereof in the possession of any licensee or the Commissioner, are confidential communications, are not subject to any subpoena, and must not be made public unless the Commissioner determines that justice and the public advantage will be served by their publication. This subsection does not preclude any party to an administrative or judicial proceeding from introducing into evidence any information or document otherwise available or admissible.

 


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ê2007 Statutes of Nevada, Page 2152 (Chapter 435, SB 123)ê

 

preclude any party to an administrative or judicial proceeding from introducing into evidence any information or document otherwise available or admissible.

      Sec. 195.  NRS 673.430 is hereby amended to read as follows:

      673.430  1.  Each association doing business in this State shall file annually with the Commissioner on or before March 1, a sworn statement in two sections.

      2.  One section of the annual report must contain, in such form and detail as the Commissioner may prescribe, the following:

      (a) The amount of authorized capital by classes and the par value of each class of stock.

      (b) A statement of its assets, liabilities and capital accounts as of the immediately preceding December 31.

      (c) Any other facts which the Commissioner requires.

Ê This section must be furnished in duplicate, one certified copy to be returned for publication at least two times in a newspaper having a general circulation in each county in which the association maintains an office. Publication must be completed on or before May 1, and proof of publication must be filed in the Office of the Commissioner.

      3.  One section of the annual report must contain such other information as the Commissioner may require to be furnished. This section need not be published and [must] , except as otherwise provided in section 6 of this act, must be treated as confidential by the Commissioner.

      4.  The Commissioner may impose and collect a fee of not more than $10 for each day the annual report is overdue. The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this subsection. Every association shall pay to the Commissioner for supervision and examination a fee based on the rate established pursuant to NRS 658.101.

      5.  All sums received by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 196.  NRS 679B.152 is hereby amended to read as follows:

      679B.152  1.  Every insurer or organization for dental care which pays claims on the basis of fees for medical or dental care which are “usual and customary” shall submit to the Commissioner a complete description of the method it uses to determine those fees. [This] Except as otherwise provided in section 6 of this act, this information must be kept confidential by the Commissioner. The fees determined by the insurer or organization to be the usual and customary fees for that care are subject to the approval of the Commissioner as being the usual and customary fees in that locality. The provisions of this subsection apply to medical or dental care provided to a claimant under any contract of insurance.

      2.  Any contract for group, blanket or individual health insurance and any contract issued by a nonprofit hospital, medical or dental service corporation or organization for dental care, which provides a plan for dental care to its insureds or members which limits their choice of a dentist, under the plan to those in a preselected group, must offer its insureds or members the option of selecting a plan of benefits which does not restrict the choice of a dentist. The selection of that option does not entitle the insured or member to any increase in contributions by his employer or other organization toward the premium or cost of the optional plan over that contributed under the restricted plan.

 


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ê2007 Statutes of Nevada, Page 2153 (Chapter 435, SB 123)ê

 

to any increase in contributions by his employer or other organization toward the premium or cost of the optional plan over that contributed under the restricted plan.

      Sec. 197.  NRS 679B.159 is hereby amended to read as follows:

      679B.159  1.  Every insurer, agent, solicitor, broker, administrator or other person who has knowledge of a violation of any provision of this Code shall promptly report the facts and circumstances pertaining to the violation to the Commissioner.

      2.  [If] Except as otherwise provided in section 6 of this act, if a person who submits information pursuant to subsection 1 so requests, the Commissioner shall keep the person’s name and the information confidential.

      Sec. 198.  NRS 679B.190 is hereby amended to read as follows:

      679B.190  1.  The Commissioner shall carefully preserve in the Division and in permanent form all papers and records relating to the business and transactions of the Division and shall hand them over to his successor in office.

      2.  Except as otherwise provided in subsections 3 and 5 to 9, inclusive, other provisions of this Code and NRS 616B.015, the papers and records must be open to public inspection.

      3.  [Any] Except as otherwise provided in section 6 of this act, any records or information in the possession of the Division related to an investigation conducted by the Commissioner [is] are confidential unless:

      (a) The Commissioner releases, in the manner that he deems appropriate, all or any part of the records or information for public inspection after determining that the release of the records or information:

             (1) Will not harm his investigation or the person who is being investigated; or

             (2) Serves the interests of a policyholder, the shareholders of the insurer or the public; or

      (b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the Commissioner.

      4.  The Commissioner may destroy unneeded or obsolete records and filings in the Division in accordance with provisions and procedures applicable in general to administrative agencies of this State.

      5.  The Commissioner may classify as confidential:

      (a) Specified records and information obtained from a governmental agency; and

      (b) Documents obtained or received from other sources upon the express condition that they remain confidential.

      6.  All information and documents in the possession of the Division or any of its employees which are related to cases or matters under investigation by the Commissioner or his staff are confidential for the period of the investigation and may not be made public unless the Commissioner finds the existence of an imminent threat of harm to the safety or welfare of the policyholder, shareholders or the public and determines that the interests of the policyholder, shareholders or the public will be served by publication thereof, in which event he may make a record public or publish all or any part of the record in any manner he deems appropriate.

 


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ê2007 Statutes of Nevada, Page 2154 (Chapter 435, SB 123)ê

 

      7.  The Commissioner may classify as confidential the records of a consumer or information relating to a consumer to protect the health, welfare or safety of the consumer.

      8.  In performing his duties, the Commissioner may:

      (a) Share documents, materials or other information, including any documents, materials or information classified as confidential, with other state, federal and international regulatory or law enforcement agencies or with the National Association of Insurance Commissioners and its affiliates and subsidiaries if the recipient agrees to maintain the confidentiality and privileged status of the documents, materials or other information.

      (b) May receive documents, materials or other information, including any documents, materials or information otherwise confidential and privileged, from other state, federal and international regulatory or law enforcement agencies or from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the law of the jurisdiction from which it was received.

      (c) Enter into agreements, consistent with this subsection, governing the sharing and use of information.

      9.  No waiver of confidentiality or privilege with respect to any document, material or information occurs as a result of disclosure to the Commissioner under this section or of sharing as authorized under this chapter.

      Sec. 199.  NRS 679B.285 is hereby amended to read as follows:

      679B.285  1.  The Commissioner may disclose the content of a report, preliminary report, or the results of an examination, or any matter relating thereto, to the Division or any agency of any other state or country that regulates insurance, or to law enforcement officers of this or any other state, or to an agency of the Federal Government at any time, if the agency or office receiving the report or matter relating thereto agrees in writing to hold it confidential in a manner consistent with this chapter. Access may also be granted to the National Association of Insurance Commissioners.

      2.  All working papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter are confidential, are not subject to subpoena, and may not be made public by the Commissioner or any other person, except as necessary for a hearing or as provided in this section and subsection 4 of NRS 679B.282 [.] and section 6 of this act. A person to whom information is given must agree in writing before receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the insurer to which it pertains has been obtained.

      Sec. 200.  NRS 679B.690 is hereby amended to read as follows:

      679B.690  1.  [All] Except as otherwise provided in section 6 of this act, all records and other information related to an investigation conducted by the Attorney General and the Fraud Control Unit for the prosecution of insurance fraud are confidential unless:

      (a) The Attorney General releases, in such manner as he deems appropriate, all or any part of the records or information for public inspection after determining that the release of the records or information:

 


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             (1) Will not harm the investigation or the person who is being investigated; or

             (2) Serves the interests of a policyholder, the shareholders of the insurer or the public; or

      (b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the Fraud Control Unit.

      2.  The Attorney General may classify as confidential specific records and other information if the records or other information was obtained from a governmental agency or other source upon the express condition that the contents would remain confidential.

      3.  All information and documents in the possession of the Attorney General and the Fraud Control Unit that are related to cases or matters under investigation are confidential for the duration of the investigation and may not be made public unless the Attorney General finds the existence of an imminent threat of harm to the safety or welfare of the policyholder, shareholders or the public and determines that the interests of the policyholder, shareholders or the public will be served by publication thereof, in which event he may make a record public or publish all or any part of the record in any manner he deems appropriate.

      Sec. 201.  NRS 680A.270 is hereby amended to read as follows:

      680A.270  1.  Each authorized insurer shall annually on or before March 1, or within any reasonable extension of time therefor which the Commissioner for good cause may have granted on or before that date, file with the Commissioner a full and true statement of its financial condition, transactions and affairs as of December 31 preceding. The statement must be:

      (a) In the general form and context of, and require information as called for by, an annual statement as is currently in general and customary use in the United States for the type of insurer and kinds of insurance to be reported upon, with any useful or necessary modification or adaptation thereof, supplemented by additional information required by the Commissioner;

      (b) Prepared in accordance with:

             (1) The Annual Statement Instructions for the type of insurer to be reported on as adopted by the National Association of Insurance Commissioners for the year in which the insurer files the statement; and

             (2) The Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners and effective on January 1, 2001, and as amended by the National Association of Insurance Commissioners after that date; and

      (c) Verified by the oath of the insurer’s president or vice president and secretary or actuary, as applicable, or, in the absence of the foregoing, by two other principal officers, or if a reciprocal insurer, by the oath of the attorney-in-fact, or its like officers if a corporation.

      2.  The statement of an alien insurer must be verified by its United States manager or other officer who is authorized to do so, and may relate only to the insurer’s transactions and affairs in the United States unless the Commissioner requires otherwise. If the Commissioner requires a statement as to the insurer’s affairs throughout the world, the insurer shall file the statement with the Commissioner as soon as reasonably possible.

 


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      3.  The Commissioner may refuse to continue, or may suspend or revoke, the certificate of authority of any insurer failing to file its annual statement when due.

      4.  At the time of filing, the insurer shall pay the fee for filing its annual statement as prescribed by NRS 680B.010.

      5.  The Commissioner may adopt regulations requiring each domestic, foreign and alien insurer which is authorized to transact insurance in this state to file the insurer’s annual statement with the National Association of Insurance Commissioners or its successor organization.

      6.  [All] Except as otherwise provided in section 6 of this act, all ratios of financial analyses and synopses of examinations concerning insurers that are submitted to the Division by the National Association of Insurance Commissioners’ Insurance Regulatory Information System are confidential and may not be disclosed by the Division.

      Sec. 202.  NRS 681A.440 is hereby amended to read as follows:

      681A.440  1.  The Commissioner may refuse to issue a license to act as an intermediary if, in his judgment:

      (a) The applicant, anyone named on the application, or any member, principal, officer or director of the applicant, is not trustworthy to act as an intermediary;

      (b) Any controlling person of the applicant is not trustworthy to act as an intermediary;

      (c) The applicant, a person named on the application, any member, principal, officer or director of the applicant or any controlling person of the applicant has given cause for the revocation or suspension of a license to act as an intermediary; or

      (d) The applicant, a person named on the application, any member, principal, officer or director of the applicant or any controlling person of the applicant has failed to comply with any prerequisite for the issuance of a license to act as an intermediary.

      2.  Upon receipt of a written request, the Commissioner shall furnish a summary of the basis for his refusal to issue a license to act as an intermediary. [The] Except as otherwise provided in section 6 of this act, the summary is confidential.

      Sec. 203.  NRS 681B.260 is hereby amended to read as follows:

      681B.260  1.  Except as otherwise provided in this section [,] and section 6 of this act, an opinion, and any other material provided by an insurer to the Commissioner in connection therewith, must be kept confidential by the Commissioner, is not open to the public, and is not subject to subpoena, except for the purpose of defending an action seeking damages from any person by reason of any action required by NRS 681B.200 to 681B.260, inclusive, or by regulation adopted under those sections.

      2.  A memorandum or other material may be released by the Commissioner with the written consent of the insurer or to the American Academy of Actuaries or its successor organization upon request stating that the memorandum or other material is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the Commissioner for preserving the confidentiality of the memorandum or other material.

      3.  If any portion of a confidential memorandum is cited by the insurer in its marketing or is cited before any governmental agency other than a state commissioner of insurance or is released by an insurer to the public, all portions of the memorandum are no longer confidential.

 


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commissioner of insurance or is released by an insurer to the public, all portions of the memorandum are no longer confidential.

      Sec. 204.  NRS 681B.280 is hereby amended to read as follows:

      681B.280  Each insurer shall report to the Commissioner every material acquisition or disposition of assets within 15 days after the end of the month in which the transaction occurs. The Commissioner shall define by regulation what transactions are material, prescribe what information must be reported and specify any person to whom a copy must be sent. [Such] Except as otherwise provided in section 6 of this act, such a report is confidential and is not subject to subpoena.

      Sec. 205.  NRS 683A.0873 is hereby amended to read as follows:

      683A.0873  1.  Each administrator shall maintain at his principal office adequate books and records of all transactions between himself, the insurer and the insured. The books and records must be maintained in accordance with prudent standards of recordkeeping for insurance and with regulations of the Commissioner for a period of 5 years after the transaction to which they respectively relate. After the 5-year period, the administrator may remove the books and records from the State, store their contents on microfilm or return them to the appropriate insurer.

      2.  The Commissioner may examine, audit and inspect books and records maintained by an administrator under the provisions of this section to carry out the provisions of NRS 679B.230 to 679B.300, inclusive.

      3.  The names and addresses of insured persons and any other material which is in the books and records of an administrator are confidential except as otherwise provided in section 6 of this act and except when used in proceedings against the administrator.

      4.  The insurer may inspect and examine all books and records to the extent necessary to fulfill all contractual obligations to insured persons, subject to restrictions in the written agreement between the insurer and administrator.

      Sec. 206.  NRS 686A.289 is hereby amended to read as follows:

      686A.289  1.  Any insurer giving information to the Attorney General, the Commissioner or any investigative or law enforcement agency concerning an act or omission alleged to be insurance fraud is entitled to receive, upon completion of the investigation or prosecution of the insurance fraud, whichever occurs later, any relevant information concerning the fraudulent activity.

      2.  The Attorney General, the Commissioner or any investigative or law enforcement agency receiving information from another person, agency or insurer shall:

      (a) Keep the information confidential and not release the information except pursuant to subsection 1 [;] and section 6 of this act;

      (b) Provide information concerning its investigation of the insurance fraud to the insurer reporting the fraudulent activity upon the completion of its investigation or a criminal prosecution, whichever occurs later; and

      (c) Provide any documents necessary or allow its employees or agents to testify in any action by or against the insurer if the insurer or its insured furnished the information for the investigation or a criminal prosecution.

      Sec. 207.  NRS 687A.115 is hereby amended to read as follows:

      687A.115  To aid in the detection and prevention of insurer insolvencies:

 


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      1.  The Commissioner may:

      (a) Notify the insurance commissioners of the other states and territories of the United States and of the District of Columbia when he revokes or suspends a license, or when he makes any formal order that a company restrict its writing of insurance, obtain additional contributions to surplus, withdraw from the state or reinsure any part of its business or any other account for the security of policyholders or creditors.

      (b) Report to the Board of Directors any action set forth in paragraph (a) and the receipt of a report from another insurance commissioner indicating that the action has been taken elsewhere. The report shall contain all significant details of the action taken or the report received.

      (c) Report to the Board of Directors when he has reasonable cause to believe from any examination of any member insurer, whether completed or in process, that the member insurer may be insolvent or in a financial condition hazardous to the interests of policyholders or the public.

      (d) Furnish to the Board of Directors the early warning tests developed by the National Association of Insurance Commissioners. The Board may use the information furnished to carry out its duties. [The] Except as otherwise provided in section 6 of this act, the report and the information contained therein is not a public record and shall be kept confidential by the Board of Directors until it is made public by the Commissioner or other lawful authority.

      2.  The Commissioner may seek the advice and recommendations of the Board of Directors concerning any matter affecting his duties and responsibilities relating to the financial condition of member insurers and of insurers seeking admission to transact business in this state.

      Sec. 208.  NRS 688C.480 is hereby amended to read as follows:

      688C.480  1.  [A] Except as otherwise provided in section 6 of this act, a document or information furnished pursuant to NRS 688C.470 or obtained by the Commissioner in an investigation of an actual or suspected violation of NRS 688C.450 is confidential and privileged, is not a public record and is not subject to discovery or subpoena in a civil action or criminal prosecution.

      2.  Subsection 1 does not prohibit the Commissioner from disclosing documents or evidence so furnished or obtained:

      (a) In an administrative or judicial proceeding to enforce a statute administered by him;

      (b) To another federal, state or local law enforcement or regulatory officer, another person involved in the prevention or detection of violations of NRS 688C.450, or similar offenses, or the National Association of Insurance Commissioners; or

      (c) To a person engaged in the business of viatical settlements who is aggrieved by the violation.

      3.  Disclosure of a document or evidence under subsection 2 does not abrogate or modify the privilege covering it under subsection 1.

      Sec. 209.  NRS 688C.490 is hereby amended to read as follows:

      688C.490  1.  Each licensee under this chapter shall establish and maintain protective measures against fraud which are reasonably calculated to prevent, detect and assist in the prosecution of violations of NRS 688C.450. The Commissioner may order, or a licensee may request and the Commissioner may approve, modifications of the measures otherwise required under this section, more or less restrictive than those measures, as necessary to protect against fraud.

 


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necessary to protect against fraud. Required measures are employment of or contracting with investigators and submission of a plan to the Commissioner which includes:

      (a) A description of the procedures for detecting and investigating possible violations of NRS 688C.450 and for resolving inconsistencies between medical records and applications for insurance;

      (b) A description of the procedures for reporting possible violations to the Commissioner;

      (c) A description of the plan for educating and training underwriters and other personnel against fraud; and

      (d) A description or chart of the organizational arrangement of the personnel responsible for detecting and investigating possible violations of NRS 688C.450 and for resolving inconsistencies between medical records and applications for insurance.

      2.  [A] Except as otherwise provided in section 6 of this act, a plan submitted to the Commissioner pursuant to subsection 1 is privileged and confidential, not a public record and not subject to discovery or subpoena in a civil action or criminal prosecution.

      Sec. 210.  NRS 692A.117 is hereby amended to read as follows:

      692A.117  1.  The Commissioner shall classify as confidential the financial statements of a title agent, escrow officer and title insurer and those records and information obtained by the Division which:

      (a) Are obtained from a governmental agency upon the express condition that they remain confidential.

      (b) Consist of information compiled by the Division in the investigation of possible violations of this chapter. This paragraph does not limit examination by the Legislative Auditor or any other person pursuant to a court order.

      2.  [The] Except as otherwise provided in section 6 of this act, the contents of the file for an escrow are confidential and, subject to the rights to discover the contents by subpoena or other lawful process, must not be disclosed without the express written consent of one party of the escrow other than the holder of the escrow.

      Sec. 211.  NRS 692C.420 is hereby amended to read as follows:

      692C.420  1.  [All] Except as otherwise provided in section 6 of this act, all information, documents and copies thereof obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to NRS 692C.410, and all information reported pursuant to NRS 692C.260 to 692C.350, inclusive, must be given confidential treatment and is not subject to subpoena and must not be made public by the Commissioner or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer and its affiliates who would be affected thereby notice and an opportunity to be heard, determines that the interests of policyholders, shareholders or the public will be served by the publication thereof, in which event he may publish all or any part thereof in any manner as he may deem appropriate.

      2.  The Commissioner or any person who receives any documents, materials or other information while acting under the authority of the Commissioner must not be permitted or required to testify in a private civil action concerning any information, document or copy thereof specified in subsection 1.

 


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      3.  The Commissioner may share or receive any information, document or copy thereof specified in subsection 1 in accordance with NRS 679B.122. The sharing or receipt of the information, document or copy pursuant to this subsection does not waive any applicable privilege or claim of confidentiality in the information, document or copy.

      Sec. 212.  NRS 693A.480 is hereby amended to read as follows:

      693A.480  1.  Except as otherwise provided in subsection 2 [,] and section 6 of this act, all information and documents obtained by or disclosed to the Commissioner or any other person in the course of preparing, filing and processing an application of a converting mutual, other than information and documents distributed to policyholders in connection with the meeting of policyholders pursuant to NRS 693A.460 or filed or submitted as evidence in connection with the public hearing pursuant to NRS 693A.450, are confidential and not subject to subpoena, and must not be made public by the Commissioner, the National Association of Insurance Commissioners or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which such information and documents pertain.

      2.  If the Commissioner, after giving the insurer and its affiliates who would be affected notice and opportunity to be heard, determines that the interests of policyholders, shareholders or the public will be best served by the publication of such information and documents, the Commissioner may publish all or any part thereof in such a manner as he determines appropriate.

      Sec. 213.  NRS 693A.615 is hereby amended to read as follows:

      693A.615  1.  Except as otherwise provided in subsection 2 [,] and section 6 of this act, all information and documents obtained by or disclosed to the Commissioner or any other person in the course of preparing, filing and processing an application to reorganize pursuant to NRS 693A.580, other than information and documents distributed to policyholders in connection with the meeting of policyholders pursuant to NRS 693A.595 or filed or submitted as evidence in connection with the public hearing pursuant to NRS 693A.585, are confidential and not subject to subpoena, and must not be made public by the Commissioner, the National Association of Insurance Commissioners or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which such information and documents pertain.

      2.  If the Commissioner, after giving the insurer and its affiliates who would be affected notice and opportunity to be heard, determines that the interests of policyholders, shareholders or the public will be best served by the publication of such information and documents, the Commissioner may publish all or any part thereof in such a manner as he determines appropriate.

      Sec. 214.  NRS 696B.550 is hereby amended to read as follows:

      696B.550  1.  The Commissioner shall hold all hearings in summary proceedings privately unless the insurer requests a public hearing, in which case the hearing must be public.

      2.  The court may hold all hearings in summary proceedings and judicial reviews thereof privately in chambers, and shall do so on request of the insurer proceeded against.

      3.  In all summary proceedings and judicial reviews thereof, all records of the insurer, other documents and all Division files and court records and papers, so far as they pertain to or are part of the record of the summary proceedings, are confidential except as otherwise provided in section 6 of this act and except as necessary to obtain compliance therewith, unless the court after hearing arguments by the parties in chambers, orders otherwise, or unless the insurer requests that the matter be made public.

 


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this act and except as necessary to obtain compliance therewith, unless the court after hearing arguments by the parties in chambers, orders otherwise, or unless the insurer requests that the matter be made public. Until the court otherwise orders, all papers filed with the clerk of the court must be held by him in a confidential file.

      4.  If at any time it appears to the court that any person whose interest is or will be substantially affected by an order did not appear at the hearing and has not been served, the court may order that notice be given and the proceedings be adjourned to give the person an opportunity to appear, on such terms as may be reasonable and just.

      Sec. 215.  NRS 704B.320 is hereby amended to read as follows:

      704B.320  1.  For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this State that is available to the electric utility and the existing demand for energy in this State that is consumed by the customers of the electric utility, as determined by the Commission.

      2.  An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:

      (a) Contract with the provider to purchase:

             (1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and

             (2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and

      (b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.

      3.  If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to NRS 704B.310 all information concerning the contract offered to the electric utility that is necessary for the Commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.

      4.  Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the Commission determines are commercially sensitive:

 


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ê2007 Statutes of Nevada, Page 2162 (Chapter 435, SB 123)ê

 

      (a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate and his staff and the electric utility for the purposes of carrying out the provisions of this section; and

      (b) [Shall] Except as otherwise provided in section 6 of this act, shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.

      5.  If the Commission determines that the contract:

      (a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.

      (b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the Commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.

      6.  The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to NRS 704.7801 to 704.7828, inclusive, to comply with its portfolio standard. The Commission shall not take any actions pursuant to this section that conflict with or diminish those requirements.

      Sec. 216.  NRS 704B.325 is hereby amended to read as follows:

      704B.325  1.  An eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources may purchase energy, capacity or ancillary services from an alternative provider without obtaining the approval of the Commission if the terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer.

      2.  If any terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, do not conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, the eligible customer must obtain approval from the Commission before those nonconforming terms and conditions are enforceable.

      3.  If the eligible customer files a request with the Commission for approval of any nonconforming terms and conditions, the Commission shall review and make a determination concerning the request on an expedited basis.

      4.  Notwithstanding any specific statute to the contrary, information concerning any terms and conditions of the transaction with the alternative provider that the Commission determines are commercially sensitive:

 

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