Link to Page 98

 

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ê2009 Statutes of Nevada, Page 99ê

 

CHAPTER 44, AB 187

Assembly Bill No. 187–Assemblymen Buckley, McClain, Parnell, Leslie, Bobzien; Aizley, Anderson, Arberry, Atkinson, Claborn, Conklin, Denis, Dondero Loop, Gansert, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, Mastroluca, Mortenson, Munford, Oceguera, Ohrenschall, Pierce, Segerblom, Settelmeyer, Smith, Spiegel and Stewart

 

Joint Sponsors: Senators Parks, Raggio, Wiener; Breeden, Copening, Horsford, Lee, Mathews and Woodhouse

 

CHAPTER 44

 

AN ACT relating to criminal procedure; requiring courts to ask a defendant whether he is a veteran or a member of the military; authorizing the establishment by district courts of a program for the treatment of certain offenders who are veterans or members of the military; authorizing justice courts and municipal courts to transfer original jurisdiction of certain cases to the district court for the purpose of assigning offenders to the program of treatment; enacting various provisions pertaining to the program of treatment; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes a district court to establish a program for the treatment of offenders with mental illness. (NRS 176A.250-176A.265) Sections 2-15 of this bill, using that existing law as a model, authorize a district court to establish a program for the treatment of certain eligible defendants who are veterans or members of the military. Section 8 of this bill authorizes a court to suspend further proceedings, without entering a judgment of conviction and with the consent of an eligible defendant, and to place the defendant on probation with terms conditions that include successful completion of the program of treatment. Section 8 also generally prohibits a court from assigning a defendant to a program of treatment if the defendant: (1) committed an offense for which the suspension of sentence or the granting of probation is prohibited by existing law; (2) committed an offense that involved the use of force or violence; or (3) was previously convicted of a felony that involved the use or threatened use of force or violence. Section 9 of this bill requires a court, under certain circumstances, to seal documents relating to a case involving a defendant who was assigned to the program of treatment after the defendant is discharged from probation. Sections 17 and 19 of this bill authorize justice courts and municipal courts to transfer original jurisdiction of certain cases involving misdemeanors to the district court for the purpose of assigning offenders to the program of treatment. (NRS 4.370, 5.050) Sections 1, 16 and 18 of this bill also require a district court, justice court and municipal court to ask a defendant if he is a veteran or a member of the military. (NRS 176.015)

 

      Whereas, Historically, the State of Nevada has honored the noble sacrifices that members of the military have made to protect our freedoms by providing veterans and members of the military certain benefits and rehabilitative services; and

      Whereas, In the State of Nevada, veterans and members of the military constitute 11.9 percent of the population, a percentage which far exceeds the national average of 7.9 percent; and

 


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      Whereas, Studies have shown that combat service may exact a tremendous psychological toll on members of the military who are faced with the constant threat of death or injury over an extended period of time; and

      Whereas, Researchers have shown that 30 to 40 percent of the 1.6 million members of the military who have served in Iraq and Afghanistan will suffer grave mental health injuries from their military service, such as post-traumatic stress disorder, traumatic brain injury, depression, anxiety and acute stress; and

      Whereas, Such combat-related injuries, including the use of drugs and alcohol to cope with such injuries, can lead to encounters with the criminal justice system which would not have otherwise occurred without the combat-related injury; and

      Whereas, While the vast majority of returning members of the military do not have contact with the criminal justice system, and most veterans and members of the military are well-adjusted, contributing members of society, psychiatrists and law enforcement officials agree that combat-related injuries have led to instances of criminality; and

      Whereas, As a grateful state, we must honor the military service of our men and women by providing them with an alternative to incarceration and permitting them to access proper treatment for mental health and substance abuse problems resulting from military service; and

      Whereas, The establishment of specialty treatment courts for veterans and members of the military who are nonviolent offenders will enable the criminal justice system to address the unique challenges veterans and members of the military face as a result of their honorable service and permit such veterans and members of the military to heal and reenter society; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.015 is hereby amended to read as follows:

      176.015  1.  Sentence must be imposed without unreasonable delay. Pending sentence, the court may commit the defendant or continue or alter the bail.

      2.  Before imposing sentence, the court shall:

      (a) Afford counsel an opportunity to speak on behalf of the defendant; and

      (b) Address the defendant personally and ask him if [he] :

            (1) He wishes to make a statement in his own behalf and to present any information in mitigation of punishment [.] ; and

            (2) He is a veteran or a member of the military. If the defendant is a veteran or a member of the military and meets the qualifications of paragraphs (b) and (c) of subsection 2 of section 7 of this act, the court may, if appropriate, assign the defendant to:

                  (I) A program of treatment established pursuant to section 6 of this act; or

                  (II) If a program of treatment established pursuant to section 6 of this act is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or 453.580.

 


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      3.  After hearing any statements presented pursuant to subsection 2 and before imposing sentence, the court shall afford the victim an opportunity to:

      (a) Appear personally, by counsel or by personal representative; and

      (b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.

      4.  The prosecutor shall give reasonable notice of the hearing to impose sentence to:

      (a) The person against whom the crime was committed;

      (b) A person who was injured as a direct result of the commission of the crime;

      (c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime; and

      (d) Any other relative or victim who requests in writing to be notified of the hearing.

Ê Any defect in notice or failure of such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus. All personal information, including, but not limited to, a current or former address, which pertains to a victim or relative and which is received by the prosecutor pursuant to this subsection is confidential.

      5.  For the purposes of this section:

      (a) “Member of the military” has the meaning ascribed to it in section 4 of this act.

      (b) “Relative” of a person includes:

            (1) A spouse, parent, grandparent or stepparent;

            (2) A natural born child, stepchild or adopted child;

            (3) A grandchild, brother, sister, half brother or half sister; or

            (4) A parent of a spouse.

      [(b)] (c) “Veteran” has the meaning ascribed to it in section 5 of this act.

      (d) “Victim” includes:

            (1) A person, including a governmental entity, against whom a crime has been committed;

            (2) A person who has been injured or killed as a direct result of the commission of a crime; and

            (3) A relative of a person described in subparagraph (1) or (2).

      6.  This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.

      Sec. 2.  NRS 176.0613 is hereby amended to read as follows:

      176.0613  1.  The justices or judges of the justice or municipal courts shall impose, in addition to an administrative assessment imposed pursuant to NRS 176.059 and 176.0611, an administrative assessment for the provision of specialty court programs.

      2.  Except as otherwise provided in subsection 3, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $7 as an administrative assessment for the provision of specialty court programs and render a judgment against the defendant for the assessment. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.

 


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      3.  The provisions of subsection 2 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      4.  The money collected for an administrative assessment for the provision of specialty court programs must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      5.  If the justice or judge permits the fine and administrative assessment for the provision of specialty court programs to be paid in installments, the payments must be applied in the following order:

      (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

      (b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;

      (c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs; and

      (d) To pay the fine.

      6.  The money collected for an administrative assessment for the provision of specialty court programs in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      7.  The money collected for an administrative assessment for the provision of specialty court programs in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      8.  The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court programs.

      9.  Money that is apportioned to a court from administrative assessments for the provision of specialty court programs must be used by the court to:

      (a) Pay for the treatment and testing of persons who participate in the program; and

 


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      (b) Improve the operations of the specialty court program by any combination of:

            (1) Acquiring necessary capital goods;

            (2) Providing for personnel to staff and oversee the specialty court program;

            (3) Providing training and education to personnel;

            (4) Studying the management and operation of the program;

            (5) Conducting audits of the program;

            (6) Supplementing the funds used to pay for judges to oversee a specialty court program; or

            (7) Acquiring or using appropriate technology.

      10.  As used in this section:

      (a) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320; and

      (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or abuses alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580 [.] or section 6 of this act.

      Sec. 3.  Chapter 176A of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 9, inclusive, of this act.

      Sec. 4.  “Member of the military” means a person who is presently serving in the Armed Forces of the United States, a reserve component thereof or the National Guard.

      Sec. 5.  “Veteran” means a person who has served in the Armed Forces of the United States, a reserve component thereof or the National Guard and has been discharged or released therefrom.

      Sec. 6.  A court may establish an appropriate program for the treatment of veterans and members of the military to which it may assign a defendant pursuant to section 8 of this act. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.

      Sec. 7.  1.  A justice court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.

      2.  As used in this section, “eligible defendant” means a veteran or a member of the military who:

      (a) Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;

      (b) Appears to suffer from mental illness, alcohol or drug abuse or posttraumatic stress disorder, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life which is necessary after combat service; and

      (c) Would benefit from assignment to a program established pursuant to section 6 of this act.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, if a defendant who is a veteran or a member of the military and who suffers from mental illness, alcohol or drug abuse or posttraumatic stress disorder as described in section 7 of this act tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to section 6 of this act.

 


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as described in section 7 of this act tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to section 6 of this act.

      2.  If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.

      3.  Upon violation of a term or condition:

      (a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.

      (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

      4.  Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings against him. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose.

      Sec. 9.  1.  After a defendant is discharged from probation pursuant to section 8 of this act, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the court orders sealed the record of a defendant discharged pursuant to section 8 of this act, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      Sec. 10.  NRS 176A.010 is hereby amended to read as follows:

      176A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 176A.020 to 176A.080, inclusive, and sections 4 and 5 of this act have the meanings ascribed to them in those sections.

 


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inclusive, and sections 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 11.  NRS 176A.500 is hereby amended to read as follows:

      176A.500  1.  The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:

      (a) Three years for a:

            (1) Gross misdemeanor; or

            (2) Suspension of sentence pursuant to NRS 176A.260 or 453.3363 [;] or section 8 of this act; or

      (b) Five years for a felony.

      2.  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.

      3.  Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer [,] or the peace officer, after making an arrest , shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.

      4.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.

      5.  An offender who is sentenced to serve a period of probation for a felony who has no serious infraction of the regulations of the Division, the terms and conditions of his probation or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period of his probation a deduction of 20 days from that period for each month he serves.

      Sec. 12.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, and section 9 of this act, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

 


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      (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484.379 or 484.379778 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

            (1) The Central Repository for Nevada Records of Criminal History; and

            (2) The local law enforcement agency of the city or county in which the conviction was entered;

      (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Identification and Information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

 


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      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

            (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

            (2) Sexual assault pursuant to NRS 200.366.

            (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

            (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

            (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

            (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

            (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

            (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

            (9) Incest pursuant to NRS 201.180.

            (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

            (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

            (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

            (13) Lewdness with a child pursuant to NRS 201.230.

            (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

            (15) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

            (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

      Sec. 13.  NRS 179.275 is hereby amended to read as follows:

      179.275  Where the court orders the sealing of a record pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365, or section 9 of this act, a copy of the order must be sent to:

      1.  The Central Repository for Nevada Records of Criminal History; and

      2.  Each public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance [,] and shall then seal the order.

 


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      Sec. 14.  NRS 179.285 is hereby amended to read as follows:

      179.285  Except as otherwise provided in NRS 179.301:

      1.  If the court orders a record sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365 [:] or section 9 of this act:

      (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.

      (b) The person is immediately restored to the following civil rights if his civil rights previously have not been restored:

            (1) The right to vote;

            (2) The right to hold office; and

            (3) The right to serve on a jury.

      2.  Upon the sealing of his records, a person who is restored to his civil rights must be given an official document which demonstrates that he has been restored to the civil rights set forth in paragraph (b) of subsection 1.

      3.  A person who has had his records sealed in this State or any other state and whose official documentation of the restoration of his civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has had his records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.

      4.  A person who has had his records sealed in this State or any other state may present official documentation that he has been restored to his civil rights or a court order restoring his civil rights as proof that he has been restored to the right to vote, to hold office and to serve as a juror.

      Sec. 15.  NRS 179.295 is hereby amended to read as follows:

      179.295  1.  The person who is the subject of the records that are sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365 or section 9 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

      2.  If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.

      3.  The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      4.  This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365 or section 9 of this act in determining whether to grant a petition pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365 or section 9 of this act for a conviction of another offense.

 


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179.255, 179.259 or 453.3365 or section 9 of this act in determining whether to grant a petition pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365 or section 9 of this act for a conviction of another offense.

      Sec. 16.  Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before accepting a plea from a defendant or proceeding to trial, the justice of the peace shall address the defendant personally and ask him if he is a veteran or a member of the military.

      2.  If the defendant is a veteran or a member of the military and meets the qualifications of section 7 of this act, the justice court may, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to:

      (a) A program of treatment established pursuant to section 6 of this act; or

      (b) If a program of treatment established pursuant to section 6 of this act is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or 453.580.

      3.  As used in this section:

      (a) “Member of the military” has the meaning ascribed to it in section 4 of this act.

      (b) “Veteran” has the meaning ascribed to it in section 5 of this act.

      Sec. 17.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $10,000.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $10,000.

      (c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $10,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

      (e) In actions to recover the possession of personal property, if the value of the property does not exceed $10,000.

      (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $10,000.

      (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.

      (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.

 


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ê2009 Statutes of Nevada, Page 110 (Chapter 44, AB 187)ê

 

      (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $10,000.

      (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

      (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

      (l) In actions for a fine imposed for a violation of NRS 484.757.

      (m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:

            (1) In a county whose population is more than 100,000 and less than 400,000;

            (2) In any township whose population is 100,000 or more located within a county whose population is more than 400,000; or

            (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.

      (n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

      (o) In small claims actions under the provisions of chapter 73 of NRS.

      (p) In actions to contest the validity of liens on mobile homes or manufactured homes.

      (q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

      (r) In actions transferred from the district court pursuant to NRS 3.221.

      (s) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.

      2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

      3.  Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 [.] or section 6 of this act.

      4.  Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

 


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ê2009 Statutes of Nevada, Page 111 (Chapter 44, AB 187)ê

 

      6.  Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 18.  Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before accepting a plea from a defendant or proceeding to trial, the municipal judge shall address the defendant personally and ask him if he is a veteran or a member of the military.

      2.  If the defendant is a veteran or a member of the military and meets the qualifications of section 7 of this act, the municipal court may, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to:

      (a) A program of treatment established pursuant to section 6 of this act; or

      (b) If a program of treatment established pursuant to section 6 of this act is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or 453.580.

      3.  As used in this section:

      (a) “Member of the military” has the meaning ascribed to it in section 4 of this act.

      (b) “Veteran” has the meaning ascribed to it in section 5 of this act.

      Sec. 19.  NRS 5.050 is hereby amended to read as follows:

      5.050  1.  Municipal courts have jurisdiction of civil actions or proceedings:

      (a) For the violation of any ordinance of their respective cities.

      (b) To prevent or abate a nuisance within the limits of their respective cities.

      2.  The municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities. Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 [.] or section 6 of this act.

      3.  The municipal courts have jurisdiction of:

      (a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.

      (b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.

      (c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.

      (d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.

      (e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorney’s fees, or both if allowed, does not exceed $2,500.

 


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ê2009 Statutes of Nevada, Page 112 (Chapter 44, AB 187)ê

 

      4.  Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.

      Sec. 20.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2009.

      Sec. 21.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 45, AB 247

Assembly Bill No. 247–Assemblymen Bobzien, Leslie, Hardy, Denis; Aizley, Kihuen, Mastroluca, Ohrenschall, Pierce, Segerblom and Smith

 

Joint Sponsors: Senators Copening, Parks, Hardy and Lee

 

CHAPTER 45

 

AN ACT relating to bicycles; revising provisions governing the operation of bicycles; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that every person riding a bicycle upon a roadway is generally subject to the provisions of chapter 484 of NRS which apply to drivers of vehicles. (NRS 484.503) Existing law requires the driver of a vehicle to signal an intention to turn from a direct course continuously during not less than the last 100 feet traveled in a business or residential district and not less than the last 300 feet traveled in any other area. (NRS 484.343) Section 2 of this bill exempts the operator of a bicycle from these requirements and instead requires the operator only to signal his intention to turn at least one time, unless the bicycle is in a designated turn lane or when safe operation of the bicycle requires the operator to keep both hands on the bicycle.

      Existing law provides for the methods of giving signals by hand and arm. (NRS 484.347) Section 3 of this bill authorizes an operator of a bicycle to signal for a right turn by extending his right hand and arm horizontally and to the right side of the bicycle.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, an operator of a bicycle upon a roadway shall not turn from a direct course unless the movement may be made with reasonable safety and the operator gives an appropriate signal. The operator shall give the appropriate signal at least one time but is not required to give the signal continuously.

 


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ê2009 Statutes of Nevada, Page 113 (Chapter 45, AB 247)ê

 

      2.  An operator of a bicycle is not required to give a signal if:

      (a) The bicycle is in a designated turn lane; or

      (b) Safe operation of the bicycle requires the operator to keep both hands on the bicycle.

      Sec. 3.  An operator of a bicycle upon a roadway shall give all signals by hand and arm in the manner required by NRS 484.347, except that the operator may give a signal for a right turn by extending his right hand and arm horizontally and to the right side of the bicycle.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 484.501 is hereby amended to read as follows:

      484.501  1.  It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in NRS 484.505 to 484.513, inclusive [.] , and sections 2 and 3 of this act.

      2.  The parent of any child and the guardian of any ward shall not authorize or knowingly permit [any such] the child or ward to violate any of the provisions of this chapter.

      3.  The provisions applicable to bicycles [shall] apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

      Sec. 6.  NRS 484.503 is hereby amended to read as follows:

      484.503  Every person riding a bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle except as otherwise provided in NRS 484.504 to 484.513, inclusive, and sections 2 and 3 of this act and except as to those provisions of this chapter which by their nature can have no application.

      Sec. 7.  (Deleted by amendment.)

________

 


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ê2009 Statutes of Nevada, Page 114ê

 

CHAPTER 46, AB 264

Assembly Bill No. 264–Assemblywoman Leslie

 

CHAPTER 46

 

AN ACT relating to criminal procedure; revising provisions relating to procedures for the commitment to and conditional release from the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services of certain criminal defendants whom the court finds to be incompetent; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that if a court dismisses the proceedings against a defendant who is charged with a category A or category B felony because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney is authorized to file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services. Section 4 of this bill amends existing law to provide that a prosecuting attorney may file such a motion if a court dismisses the proceedings against a defendant who is charged with any category A felony or certain listed category B felonies, rather than a defendant who is charged with any category A or any category B felony. Section 4 also: (1) requires a prosecuting attorney who files such a motion to request the Division to provide a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility; and (2) requires the Division to provide the comprehensive risk assessment to the court, the prosecuting attorney and the person’s counsel. (NRS 178.461)

      Existing law also provides that if the court finds by clear and convincing evidence that the person has a mental disorder and is a danger to himself or others, the court is required to order that the person be committed to the custody of the Administrator until he is eligible for conditional release or after 10 years have passed, whichever period is shorter. Section 4 of this bill amends existing law to: (1) add that the person’s dangerousness is required to be at a level that requires placement of the person at a forensic facility as a prerequisite to the court committing the person to the custody of the Administrator; and (2) authorize, rather than require, the court to commit a person to the custody of the Administrator in those circumstances. (NRS 178.461) Section 1 of this bill defines the term “forensic facility” for the purposes of those provisions.

      Existing law provides the manner for determining eligibility for conditional release of a person committed to the custody of the Administrator pursuant to section 4 of this bill. Section 5 of this bill authorizes the Division or a person who is committed to the custody of the Administrator to petition the court which committed the person for conditional release. (NRS 178.463)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Forensic facility” has the meaning ascribed to it in NRS 175.539.

 


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ê2009 Statutes of Nevada, Page 115 (Chapter 46, AB 264)ê

 

      Sec. 2.  NRS 178.3981 is hereby amended to read as follows:

      178.3981  As used in NRS 178.3981 to 178.471, inclusive, unless the context otherwise requires, the words and terms defined in NRS 178.3982 to 178.399, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 178.460 is hereby amended to read as follows:

      178.460  1.  If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator or his designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.

      2.  If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

      3.  Within 10 days after the hearing or 10 days after the report is sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:

      (a) Whether there is substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

      (b) Whether the defendant is at that time a danger to himself or to society.

      4.  If the judge finds the defendant:

      (a) Competent, the judge shall, within 10 days, forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.

      (b) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.

      (c) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

      (d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or, if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 judicial days, the prosecuting attorney has not filed a motion pursuant to NRS 178.461 or if, within 10 judicial days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 judicial days, the person may remain an outpatient or in custody under the provisions of this chapter only as long as the motion or petition is pending unless the person is committed to the custody of the Administrator pursuant to NRS 178.461 or involuntarily committed pursuant to chapter 433A of NRS.

 


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ê2009 Statutes of Nevada, Page 116 (Chapter 46, AB 264)ê

 

under the provisions of this chapter only as long as the motion or petition is pending unless the person is committed to the custody of the Administrator pursuant to NRS 178.461 or involuntarily committed pursuant to chapter 433A of NRS.

      5.  Except as otherwise provided in subsection [3] 4 of NRS 178.461, no person who is committed under the provisions of this chapter may be held in the custody of the Administrator or his designee longer than the longest period of incarceration provided for the crime or crimes with which he is charged or 10 years, whichever period is shorter. Upon expiration of the applicable period provided in this section, subsection [3] 4 of NRS 178.461 or subsection [3] 4 of NRS 178.463, the person must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.

      Sec. 4.  NRS 178.461 is hereby amended to read as follows:

      178.461  1.  If the proceedings against a defendant who is charged with [a] any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator pursuant to subsection [2.] 3. The court shall hold the hearing within 10 judicial days after the motion is filed with the court.

      2.  If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on which he files the motion, request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. The Division shall provide the requested comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person not later than three judicial days before the hearing.

      3.  At a hearing held pursuant to subsection 1, if the court finds by clear and convincing evidence that the person has a mental disorder , [and] that [he] the person is a danger to himself or others [,] and that the person’s dangerousness is such that he requires placement at a forensic facility, the court [must] may order:

      (a) The sheriff to take the person into protective custody and transport him to a [division facility that is secure;] forensic facility; and

      (b) That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection [3] 4 has expired.

      [3.] 4.  The length of commitment of a person pursuant to subsection [2] 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463.

      [4.] 5.  At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.

      6.  The provisions of subsection 1 apply to any of the following category B felonies:

      (a) Voluntary manslaughter pursuant to NRS 200.050;

      (b) Mayhem pursuant to NRS 200.280;

      (c) Kidnapping in the second degree pursuant to NRS 200.330;

      (d) Assault with a deadly weapon pursuant to NRS 200.471;

      (e) Battery with a deadly weapon pursuant to NRS 200.481;

      (f) Aggravated stalking pursuant to NRS 200.575;

 


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ê2009 Statutes of Nevada, Page 117 (Chapter 46, AB 264)ê

 

      (g) First degree arson pursuant to NRS 205.010;

      (h) Burglary with a deadly weapon pursuant to NRS 205.060;

      (i) Invasion of the home with a deadly weapon pursuant to NRS 205.067;

      (j) Any category B felony involving the use of a firearm; and

      (k) Any attempt to commit a category A felony.

      Sec. 5.  NRS 178.463 is hereby amended to read as follows:

      178.463  1.  The Division or a person who is committed to the custody of the Administrator pursuant to NRS 178.461 may petition the court which committed the person for conditional release.

      2.  A person who is committed to the custody of the Administrator pursuant to NRS 178.461 is eligible for conditional release only after:

      (a) The Division has completed a comprehensive risk assessment concerning the person;

      (b) A decision to release the person from commitment with conditions imposed by the court in consultation with the Division has been made based on input from the person’s treatment team, the prosecuting attorney, the counsel for the person and the team that will supervise the person in the community; and

      (c) The court which committed the person has approved the conditional release.

      [2.] 3.  If a person is serving a period of conditional release pursuant to this section, the court must, at least once every 12 months, review the eligibility of the defendant for discharge from conditional release. If, at the conclusion of the review required by this subsection, the court finds by clear and convincing evidence that the person no longer has a mental disorder and that he is not a danger to himself or others, the court must discharge the person from conditional release.

      [3.] 4.  The length of the period of conditional release must not exceed 10 years, including any time that the person has been committed to the custody of the Administrator pursuant to NRS 178.461 and 178.464.

      Sec. 6.  NRS 178.464 is hereby amended to read as follows:

      178.464  1.  The Division shall notify the court which ordered the commitment of the person pursuant to NRS 178.461 if the person violates a condition of his release from commitment.

      2.  If the court is notified pursuant to subsection 1 of a violation, the court shall consult with the Division, the counsel for the person and the prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.

      3.  After consulting with the persons required by subsection 2 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody [,] for evaluation, pending the hearing described in subsection 4. If the court issues such an order, the court must:

      (a) Order the sheriff to take the person:

            (1) Into protective custody and transport him to a forensic facility ; [operated by the Division;] or

            (2) To a jail where the person must remain in protective custody; and

      (b) Provide a copy of the order to the counsel for the person and the prosecuting attorney.

 


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ê2009 Statutes of Nevada, Page 118 (Chapter 46, AB 264)ê

 

      4.  Within 10 days after a person has been committed to the custody of the Administrator for evaluation pursuant to subsection 3, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the defendant.

      [5.  As used in this section, “forensic facility” has the meaning ascribed to it in NRS 175.539.]

________

 

CHAPTER 47, AB 280

Assembly Bill No. 280–Assemblyman Segerblom

 

CHAPTER 47

 

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

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Nevada enacted the Uniform Interstate Family Support Act in 1997. (NRS 130.0902-130.802; Chapter 489, Statutes of Nevada 1997, p. 2311) The Act establishes the procedures and jurisdictional requirements regarding the issuance, enforcement and modification of interstate child-support and spousal-support orders. Because the United States Congress has made the enactment of the Act a condition for states to receive federal funding for child support enforcement efforts, every jurisdiction in the United States has enacted the Act. This bill enacts the amendments to the Act that were proposed and finalized by the National Conference of Commissioners on Uniform State Laws in 2008.

      This bill amends existing law to provide that the provisions of the Act apply to a foreign support order, a foreign tribunal, or obligees, obligors or children residing in a foreign country. This bill also provides for various powers, duties and procedures for support orders under the International Recovery of Child Support and Other Forms of Family Maintenance treaty, which include: (1) specific filings an obligee or an obligor may make under the treaty; (2) the ability to file a direct request for determination or modification of certain orders; and (3) the registration, recognition and enforcement of certain foreign orders in this State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 126.041 is hereby amended to read as follows:

      126.041  The parent and child relationship between a child and:

      1.  The natural mother may be established by proof of her having given birth to the child, or under this chapter, or NRS 125B.150 or [130.701.] section 10 of this act.

      2.  The natural father may be established under this chapter, [or] NRS 125B.150 [, 130.701] or 425.382 to 425.3852, inclusive [.] , or section 10 of this act.

      3.  An adoptive parent may be established by proof of adoption.

 


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ê2009 Statutes of Nevada, Page 119 (Chapter 47, AB 280)ê

 

      Sec. 2.  Chapter 130 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 31, inclusive, of this act.

      Sec. 3.  “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

      Sec. 4.  “Foreign country” means a country, including a political subdivision thereof, other than the United States, which authorizes the issuance of support orders and:

      1.  Which has been declared under the law of the United States to be a foreign reciprocating country;

      2.  Which has established a reciprocal arrangement for child support with this State as provided in NRS 130.308;

      3.  Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or

      4.  In which the Convention is in force with respect to the United States.

      Sec. 5.  “Foreign support order” means a support order of a foreign tribunal.

      Sec. 6.  “Foreign tribunal” means a court, administrative agency or quasi-judicial entity of a foreign country which is authorized to establish, enforce or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.

      Sec. 7.  “Issuing foreign country” means the foreign country in which a tribunal issues a support order of a judgment determining parentage of a child.

      Sec. 8.  “Outside this State” means a location in another state or a country other than the United States, whether or not the country is a foreign country.

      Sec. 9.  1.  A tribunal of this State shall apply this chapter to a support proceeding involving:

      (a) A foreign support order;

      (b) A foreign tribunal; or

      (c) An obligee, obligor or child residing in a foreign country.

      2.  A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of this chapter.

      3.  Sections 12 to 31, inclusive, of this act apply only to a support proceeding under the Convention. In such a proceeding, if a provision of sections 12 to 31, inclusive, of this act is inconsistent with this chapter, sections 12 to 31, inclusive, of this act control.

      Sec. 10.  A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

      Sec. 11.  A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this State under NRS 130.601 to 130.608, inclusive, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at any other time. The petition must specify the grounds for modification.

 


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ê2009 Statutes of Nevada, Page 120 (Chapter 47, AB 280)ê

 

      Sec. 12.  As used in sections 12 to 31, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 13 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 13.  “Application” means a request under the Convention by an obligee or obligor, or an behalf of a child, made through a central authority for assistance from another central authority.

      Sec. 14.  “Central authority” means the entity designated by the United States or a foreign country as described in subsection 4 of section 4 of this act to perform the functions specified in the Convention.

      Sec. 15.  “Convention support order” means a support order of a tribunal of a foreign country described in subsection 4 of section 4 of this act.

      Sec. 16.  “Direct request” means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor or a child residing outside the United States.

      Sec. 17.  “Foreign central authority” means the entity designated by a foreign country described in subsection 4 of section 4 of this act to perform the functions specified in the Convention.

      Sec. 18.  “Foreign support agreement”:

      1.  Means an agreement for support in a record that:

      (a) Is enforceable as a support order in the country of origin;

      (b) Has been:

            (1) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

            (2) Authenticated by, or concluded, registered or filed with, a foreign tribunal; and

      (c) May be reviewed and modified by a foreign tribunal.

      2.  Includes a maintenance arrangement or authentic instrument under the Convention.

      Sec. 19.  “United States central authority” means the Secretary of the United States Department of Health and Human Services.

      Sec. 20.  Sections 12 to 31, inclusive, of this act apply only to a support proceeding under the Convention. In such a proceeding, if a provision of sections 12 to 31, inclusive, of this act is inconsistent with this chapter, sections 12 to 31, inclusive, of this act control.

      Sec. 21.  The governmental entity of this State recognized as the agency designated by the United States central authority may perform specific functions under the Convention.

      Sec. 22.  1.  In a support proceeding under sections 12 to 31, inclusive, of this act, the governmental entity of this State designated pursuant to section 21 of this act shall:

      (a) Transmit and receive applications; and

      (b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.

      2.  The following support proceedings are available to the obligee under the Convention:

      (a) Recognition or recognition and enforcement of a foreign support order;

      (b) Enforcement of a support order issued or recognized in this State;

      (c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

 


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      (d) Establishment of a support order if recognition of a foreign support order is refused under paragraphs (b), (d) or (i) of subsection 2 of section 26 of this act;

      (e) Modification of a support order of a tribunal of this State; and

      (f) Modification of a support order of a tribunal of another state or a foreign country.

      3.  The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

      (a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;

      (b) Modification of a support order of a tribunal of this State; and

      (c) Modification of a support order of a tribunal of another state or a foreign country.

      4.  A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

      Sec. 23.  1.  A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.

      2.  A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 24 to 31, inclusive, of this act apply.

      3.  In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

      (a) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and

      (b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.

      4.  A petitioner filing a direct request is not entitled to assistance from the governmental entity designated pursuant to section 21 of this act.

      5.  Sections 12 to 31, inclusive, of this act do not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

      Sec. 24.  1.  Except as otherwise provided in sections 12 to 31, inclusive, of this act, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in NRS 130.601 to 130.614, inclusive, and section 11 of this act.

      2.  Notwithstanding NRS 130.311 and subsection 1 of NRS 130.602, a request for registration of a Convention support order must be accompanied by:

      (a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

      (b) A record stating that the support order is enforceable in the issuing country;

      (c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

 


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either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

      (d) A record showing the amount of arrears, if any, and the date the amount was calculated;

      (e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

      (f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

      3.  A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

      4.  A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under section 25 of this act only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

      5.  The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.

      Sec. 25.  1.  Except as otherwise provided in sections 12 to 31, inclusive, of this act, NRS 130.605 to 130.608, inclusive, apply to a contest of a registered Convention support order.

      2.  A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

      3.  If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection 2, the order is enforceable.

      4.  A contest of a registered Convention support order may be based only on grounds set forth in section 26 of this act. The contesting party bears the burden of proof.

      5.  In a contest of a registered Convention support order, a tribunal of this State:

      (a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

      (b) May not review the merits of the order.

      6.  A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

      7.  A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

      Sec. 26.  1.  Except as otherwise provided in subsection 2, a tribunal of this State shall recognize and enforce a registered Convention support order.

      2.  The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:

      (a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

 


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      (b) The issuing tribunal lacked personal jurisdiction consistent with NRS 130.201;

      (c) The order is not enforceable in the issuing country;

      (d) The order was obtained by fraud in connection with a matter of procedure;

      (e) A record transmitted in accordance with section 24 of this act lacks authenticity or integrity;

      (f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;

      (g) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this State;

      (h) Payment, to the extent alleged arrears have been paid in whole or in part;

      (i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

            (1) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

            (2) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

      (j) The order was made in violation of section 29 of this act.

      3.  If a tribunal of this State does not recognize a Convention support order under paragraphs (b), (d), (f) or (i) of subsection 2:

      (a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

      (b) The governmental entity identified pursuant to section 21 of this act shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under section 22 of this act.

      Sec. 27.  If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.

      Sec. 28.  1.  Except as otherwise provided in subsections 3 and 4, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.

      2.  An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

      (a) A complete text of the foreign support agreement; and

      (b) A record stating that the foreign support agreement is enforceable as a decision in the issuing country.

      3.  A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

 


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      4.  In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:

      (a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

      (b) The agreement was obtained by fraud or falsification;

      (c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or

      (d) The record submitted under subsection 2 lacks authenticity or integrity.

      5.  A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

      Sec. 29.  1.  A tribunal of this State may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:

      (a) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

      (b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

      2.  If a tribunal of this State does not modify a Convention child-support order because the order is not recognized in this State, subsection 3 of section 26 of this act applies.

      Sec. 30.  Personal information gathered or transmitted under sections 12 to 31, inclusive, of this act, may be used only for the purposes for which it was gathered or transmitted.

      Sec. 31.  A record filed with a tribunal of this State under sections 12 to 31, inclusive, of this act must be in the original language and, if not in English, must be accompanied by an English translation.

      Sec. 32.  NRS 130.0902 is hereby amended to read as follows:

      130.0902  NRS 130.0902 to 130.802, inclusive, and sections 3 to 31, inclusive, of this act may be cited as the Uniform Interstate Family Support Act.

      Sec. 33.  NRS 130.101 is hereby amended to read as follows:

      130.101  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 130.10103 to 130.10191, inclusive, and sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 34.  NRS 130.10119 is hereby amended to read as follows:

      130.10119  “Home state” means the state or foreign country in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately preceding the time of filing a petition or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with a parent or a person acting as a parent. A period of temporary absence of any of those persons is counted as part of the 6-month or other period.

      Sec. 35.  NRS 130.10135 is hereby amended to read as follows:

      130.10135  “Initiating tribunal” means [an authorized] the tribunal [in an initiating] of a state [.] or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

 


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comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

      Sec. 36.  NRS 130.10139 is hereby amended to read as follows:

      130.10139  “Issuing state” means a state in which a tribunal issues a support order or [renders] a judgment determining parentage [.] of a child.

      Sec. 37.  NRS 130.10143 is hereby amended to read as follows:

      130.10143  “Issuing tribunal” means a tribunal of a state or foreign country that issues a support order or [renders] a judgment determining parentage [.] of a child.

      Sec. 38.  NRS 130.10151 is hereby amended to read as follows:

      130.10151  “Obligee” means:

      1.  A natural person to whom a duty of support is or is alleged to be owed or in whose favor a support order [has been issued] or a judgment determining parentage of a child has been [rendered;] issued;

      2.  A foreign country, state or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee [; or] in place of child support;

      3.  A natural person seeking a judgment determining parentage of his child [.] ; or

      4.  A person that is a creditor in a proceeding under sections 12 to 31, inclusive, of this act.

      Sec. 39.  NRS 130.10155 is hereby amended to read as follows:

      130.10155  “Obligor” means a natural person, or the estate of a decedent, [who:] that:

      1.  Owes or is alleged to owe a duty of support;

      2.  Is alleged but has not been adjudicated to be a parent of a child; [or]

      3.  Is liable under a support order [.] ; or

      4.  Is a debtor in a proceeding under sections 12 to 31, inclusive, of this act.

      Sec. 40.  NRS 130.10159 is hereby amended to read as follows:

      130.10159  “Register” means to file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or foreign country with the clerk of a district court of this State.

      Sec. 41.  NRS 130.10163 is hereby amended to read as follows:

      130.10163  “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered.

      Sec. 42.  NRS 130.10167 is hereby amended to read as follows:

      130.10167  “Responding state” means a state in which a [proceeding] petition or comparable pleading for support or to determine parentage of a child is filed or to which a [proceeding] petition or comparable pleading is forwarded for filing from [an initiating] another state [under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that Act.] or foreign country.

      Sec. 43.  NRS 130.10171 is hereby amended to read as follows:

      130.10171  “Responding tribunal” means an authorized tribunal in a responding state [.] or foreign country.

      Sec. 44.  NRS 130.10179 is hereby amended to read as follows:

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

 


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      1.  An] an Indian nation or tribe . [; and

      2.  A foreign country or political subdivision that:

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

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

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

      Sec. 45.  NRS 130.10183 is hereby amended to read as follows:

      130.10183  “Support-enforcement agency” means a public official , governmental entity, or private agency authorized to : [seek:]

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

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

      3.  [A] Request determination of parentage [;] of a child;

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

      5.  [A] Request determination of the controlling child-support order.

      Sec. 46.  NRS 130.10187 is hereby amended to read as follows:

      130.10187  “Support order” means a judgment, decree, order , decision or directive, whether temporary, final or subject to modification, issued [by a tribunal] in a state or foreign country for the benefit of a child, spouse or former spouse, which provides for monetary support, health care, arrearages , retroactive support or reimbursement [and] for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, the withholding of income, automatic adjustment, reasonable attorney’s fees and other relief.

      Sec. 47.  NRS 130.10191 is hereby amended to read as follows:

      130.10191  “Tribunal” means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage [.] of a child.

      Sec. 48.  NRS 130.102 is hereby amended to read as follows:

      130.102  1.  The district court and, within the limitations of authority granted pursuant to NRS 3.405, 125.005 or 425.381 to 425.3852, inclusive, a master or referee appointed pursuant to any of those sections, are the tribunals of this State.

      2.  The support enforcement agency of this State may include, without limitation, a court, a district attorney, a law enforcement agency or the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      Sec. 49.  NRS 130.103 is hereby amended to read as follows:

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

      2.  This chapter does not:

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

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

 


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      Sec. 50.  NRS 130.201 is hereby amended to read as follows:

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

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

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

      (c) He resided with the child in this State;

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

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

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

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

      2.  The bases of personal jurisdiction set forth in subsection 1 or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of [the] this State to modify a child support order of another state unless the requirements of NRS 130.611 [or 130.6115] are met [.] or, in the case of a foreign support order, unless the requirements of NRS 130.6115 are met.

      Sec. 51.  NRS 130.2025 is hereby amended to read as follows:

      130.2025  A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter or under other law of this State relating to a support order or in a proceeding recognizing a foreign support order [of a foreign country or political subdivision on the basis of comity] may receive evidence from [another] outside this State pursuant to NRS 130.316, communicate with a tribunal [of another] outside this State pursuant to NRS 130.317 and obtain discovery through a tribunal [of another] outside this State pursuant to NRS 130.318. In all other respects, NRS 130.301 to [130.701,] 130.614, inclusive, and sections 12 to 31, inclusive, of this act do not apply and the tribunal shall apply the procedural and substantive law of this State.

      Sec. 52.  NRS 130.203 is hereby amended to read as follows:

      130.203  Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state [.] or foreign country.

      Sec. 53.  NRS 130.204 is hereby amended to read as follows:

      130.204  1.  A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if:

      (a) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state [;] or the foreign country;

 


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      (b) The contesting party challenges the exercise of jurisdiction in the other state or the foreign country in a timely manner; and

      (c) If relevant, this State is the home state of the child.

      2.  A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

      (a) The petition or comparable pleading in the other state or the foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;

      (b) The contesting party challenges the exercise of jurisdiction in this State in a timely manner; and

      (c) If relevant, the other state or the foreign country is the home state of the child.

      Sec. 54.  NRS 130.2055 is hereby amended to read as follows:

      130.2055  1.  A tribunal of this State issuing a spousal-support order consistent with the law of this State has continuing and exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.

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

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

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

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

      Sec. 55.  NRS 130.206 is hereby amended to read as follows:

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

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

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

      2.  A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

      Sec. 56.  NRS 130.207 is hereby amended to read as follows:

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

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

 


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

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

      (c) If none of the tribunals would have continuing and exclusive jurisdiction under this chapter, the tribunal of this State shall issue a child-support order which controls.

      3.  If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is a natural person or that is a support-enforcement agency, a tribunal of this State having personal jurisdiction over both the obligor and the obligee who is a natural person shall determine which order controls under subsection 2. The request may be filed with a registration for enforcement or registration for modification pursuant to NRS 130.601 to 130.614, inclusive, or may be filed as a separate proceeding.

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

      5.  The tribunal that issued the controlling order under subsection 1, 2 or 3 has continuing jurisdiction to the extent provided in NRS 130.205 or 130.206.

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

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

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

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

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

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

      Sec. 57.  NRS 130.208 is hereby amended to read as follows:

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

 


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      Sec. 58.  NRS 130.209 is hereby amended to read as follows:

      130.209  A tribunal of this State shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this [or] State, another state [.] or a foreign country.

      Sec. 59.  NRS 130.301 is hereby amended to read as follows:

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

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

      Sec. 60.  NRS 130.304 is hereby amended to read as follows:

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

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

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

      2.  If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. If the responding [state] tribunal is in a foreign country , [or political subdivision,] upon request the tribunal shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding [state.] foreign tribunal.

      Sec. 61.  NRS 130.305 is hereby amended to read as follows:

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

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

      (a) [Issue] Establish or enforce a support order, modify a child-support order, determine the controlling child-support order or determine parentage [;] of a child;

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

      (c) Order the withholding of income;

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

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

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

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

 


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

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

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

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

      (l) Grant any other available remedy.

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

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

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

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

      Sec. 62.  NRS 130.306 is hereby amended to read as follows:

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

      Sec. 63.  NRS 130.307 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

 


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

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

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

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

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

      Sec. 64.  NRS 130.308 is hereby amended to read as follows:

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

      2.  The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination.

      Sec. 65.  NRS 130.310 is hereby amended to read as follows:

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

      2.  The State Information Agency shall:

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

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

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

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

 


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      Sec. 66.  NRS 130.311 is hereby amended to read as follows:

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

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

      Sec. 67.  NRS 130.313 is hereby amended to read as follows:

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

      2.  If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney’s fees and other costs, expenses for necessary travel and other reasonable expenses incurred by the obligee and the witnesses of the obligee. The tribunal may not assess fees, costs or expenses against the obligee or the support-enforcement agency of either the initiating or the responding state [,] or foreign country, except as otherwise provided by other law. Attorney’s fees may be taxed as costs and may be ordered to be paid directly to the attorney, who may enforce the order in his own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

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

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

      Sec. 68.  NRS 130.316 is hereby amended to read as follows:

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

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

 


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

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

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

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

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

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

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

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

      Sec. 69.  NRS 130.317 is hereby amended to read as follows:

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

      Sec. 70.  NRS 130.318 is hereby amended to read as follows:

      130.318  A tribunal of this State may:

      1.  Request a tribunal [of another] outside this State to assist in obtaining discovery; and

      2.  Upon request, compel a person over [whom] which it has jurisdiction to respond to a discovery order issued by a tribunal [of another] outside this State.

      Sec. 71.  NRS 130.319 is hereby amended to read as follows:

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

 


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party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

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

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

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

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

      Sec. 72.  NRS 130.401 is hereby amended to read as follows:

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

      (a) The natural person seeking the order resides [in another] outside this State; or

      (b) The support-enforcement agency seeking the order is located [in another] outside this State.

      2.  The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the natural person ordered to pay is:

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

      (b) Petitioning to have his paternity adjudicated;

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

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

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

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

      (g) The mother of the child; or

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

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

      Sec. 73.  NRS 130.504 is hereby amended to read as follows:

      130.504  An employer [who] that complies with an income-withholding order issued in another state in accordance with NRS 130.501 to 130.507, inclusive, is not subject to civil liability to a natural person or agency with regard to the withholding of child support by the employer from the income of the obligor.

      Sec. 74.  NRS 130.505 is hereby amended to read as follows:

      130.505  An employer who willfully fails to comply with an income-withholding order issued [by] in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State.

 


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      Sec. 75.  NRS 130.507 is hereby amended to read as follows:

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

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

      Sec. 76.  NRS 130.601 is hereby amended to read as follows:

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

      Sec. 77.  NRS 130.602 is hereby amended to read as follows:

      130.602  1.  [A] Except as otherwise provided in section 24 of this act, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending the following records [and information] to the appropriate tribunal [in] of this State:

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

      (b) Two copies, including one certified copy, of the order to be registered, including any modification of the order;

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

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

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

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

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

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

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

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

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

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

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

 


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

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

      Sec. 78.  NRS 130.603 is hereby amended to read as follows:

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

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

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

      Sec. 79.  NRS 130.604 is hereby amended to read as follows:

      130.604  1.  Except as otherwise provided in subsection 4, the law of the issuing state or foreign country governs:

      (a) The nature, extent, amount and duration of current payments under a registered support order;

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

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

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

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

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

      Sec. 80.  NRS 130.605 is hereby amended to read as follows:

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

      2.  The notice must inform the nonregistering party:

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

      (b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the notice [;] unless the registered order is pursuant to section 25 of this act;

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

 


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enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

      (d) Of the amount of any alleged arrearages.

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

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

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

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

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

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

      Sec. 81.  NRS 130.606 is hereby amended to read as follows:

      130.606  1.  A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within [20 days after notice of the registration.] the time required by NRS 130.605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to NRS 130.607.

      2.  If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

      3.  If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.

      Sec. 82.  NRS 130.607 is hereby amended to read as follows:

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

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

      (b) The order was obtained by fraud;

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

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

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

      (f) Full or partial payment has been made;

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

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

      2.  If a party presents evidence establishing a full or partial defense under subsection 1, a tribunal may stay enforcement of [the] a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders.

 


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relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.

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

      Sec. 83.  NRS 130.608 is hereby amended to read as follows:

      130.608  Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

      Sec. 84.  NRS 130.609 is hereby amended to read as follows:

      130.609  A party or support-enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this State in the same manner provided in NRS 130.601 to [130.604,] 130.608, inclusive, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading must specify the grounds for modification.

      Sec. 85.  NRS 130.610 is hereby amended to read as follows:

      130.610  A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of NRS 130.611 [, 130.6115] or 130.613 have been met.

      Sec. 86.  NRS 130.611 is hereby amended to read as follows:

      130.611  1.  If NRS 130.613 does not apply, [except as otherwise provided in NRS 130.6115,] upon petition a tribunal of this State may modify a child-support order issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that:

      (a) The following requirements are met:

            (1) Neither the child, nor the obligee who is a natural person, nor the obligor resides in the issuing state;

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

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

      (b) This State is the state of residence of the child, or a party who is a natural person is subject to the personal jurisdiction of the tribunal of this State, and all of the parties who are natural persons have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing and exclusive jurisdiction.

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

      3.  [Except as otherwise provided in NRS 130.6115, a] A tribunal of this State may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under NRS 130.207 establishes the aspects of the support order which may not be modified.

 


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

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

      6.  Notwithstanding the provisions of this section and subsection 2 of NRS 130.201, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:

      (a) One party resides in another state; and

      (b) The other party resides outside the United States.

      Sec. 87.  NRS 130.6115 is hereby amended to read as follows:

      130.6115  1.  [If] Except as otherwise provided in section 29 of this act, if a foreign country [or political subdivision that is a state will not or may not modify its order] lacks or refuses to exercise jurisdiction to modify its child-support orders pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all natural persons subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the natural person pursuant to NRS 130.611 has been given or whether the natural person seeking modification is a resident of this State or of the foreign country . [or political subdivision.]

      2.  An order issued by a tribunal of this State modifying a foreign child-support order pursuant to this section is the controlling order.

      Sec. 88.  NRS 130.613 is hereby amended to read as follows:

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

      2.  A tribunal of this State exercising jurisdiction under this section shall apply the provisions of NRS 130.0902 to 130.209, inclusive, and 130.601 to 130.614, inclusive, and the procedural and substantive law of this State to the proceeding for enforcement or modification. The provisions of NRS 130.301 to 130.507, inclusive, and [130.701,] 130.801 and 130.802 and section 10 of this act do not apply.

      Sec. 89.  NRS 130.10131 and 130.701 are hereby repealed.

      Sec. 90.  The amendatory provisions of this act apply to proceedings commenced on or after October 1, 2009, to establish a support order to determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or entered.

      Sec. 91.  This act becomes effective on the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification.

________

 


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ê2009 Statutes of Nevada, Page 141ê

 

CHAPTER 48, AB 286

Assembly Bill No. 286–Assemblymen Christensen, Arberry, Anderson; Gansert, Hambrick, Hardy, Kirkpatrick, Manendo, McArthur, Settelmeyer and Stewart

 

Joint Sponsors: Senators Hardy; Cegavske and Lee

 

CHAPTER 48

 

AN ACT relating to trespassing; revising the provisions governing the crime of trespassing; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, a person commits the crime of trespassing if the person willfully goes or remains upon any land or in any building after having been warned not to trespass by the owner or occupant of the land or building. (NRS 207.200) The Nevada Supreme Court has held that when an owner of premises asks a guest who was originally invited to the premises to leave, the owner has given a sufficient warning not to trespass, and the disinvited guest commits trespassing if the guest then refuses to leave. (Scott v. Just. Ct., 84 Nev. 9 (1968))

      This bill codifies the holding in Scott and provides that an owner or occupant of any land or premises shall be deemed to have given a sufficient warning to a guest not to trespass if the owner or occupant makes an oral or written demand to the guest to vacate the land or building.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.200 is hereby amended to read as follows:

      207.200  1.  Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

      (a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

      (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

      2.  A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

      (a) If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:

            (1) Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

                  (I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and

                  (II) Each corner of the land, upon or near the boundary; and

            (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

 


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ê2009 Statutes of Nevada, Page 142 (Chapter 48, AB 286)ê

 

      (b) If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

            (1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet; and

            (2) Each corner of the land, upon or near the boundary; [or]

      (c) Fencing the area [.] ; or

      (d) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

      3.  It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

      4.  An entryman on land under the laws of the United States is an owner within the meaning of this section.

      5.  As used in this section [, “fence”] :

      (a) “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.

      (b) “Guest” means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.

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ê2009 Statutes of Nevada, Page 143ê

 

CHAPTER 49, AB 322

Assembly Bill No. 322–Assemblymen Hogan, Manendo, McClain; Aizley, Arberry, Bobzien, Cobb, Denis, Goedhart, Goicoechea, Hambrick and Mastroluca (by request)

 

CHAPTER 49

 

AN ACT relating to crimes; providing that it is unlawful for a person to engage in certain fraudulent acts in the course of an enterprise or occupation; revising provisions relating to the crime of racketeering; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes various crimes relating to fraud. (Chapter 205 of NRS) Section 1 of this bill, which is patterned in part after existing securities laws, provides that a person commits a category B felony if the person knowingly or intentionally engages in at least two similar transactions within 4 years after the completion of the first transaction by engaging in an act, practice or course of business or employing a device, scheme or artifice to defraud another person by making an untrue statement of fact or not stating a material fact necessary in light of the circumstances which: (1) the person knows to be false or omitted; (2) the person intends another to rely on; and (3) which causes a loss to any person who relied on the false statement or omission of material fact. (NRS 90.570)

      Section 2 of this bill revises the definition of a crime related to racketeering to include the new crime established by section 1 of this bill. (NRS 207.360)

      Existing law establishes various crimes relating to racketeering activity. (NRS 207.400) Section 3 of this bill prohibits a person from transporting property, attempting to transport property or providing property to another person knowing that the other person intends to use the property to further racketeering activity. In addition, section 3 prohibits a person who knows that property represents proceeds of any unlawful activity from conducting or attempting to conduct any transaction involving the property with the intent to further racketeering activity or with the knowledge that the transaction conceals the location, source, ownership or control of the property. (NRS 207.400)

      Section 4 of this bill generally provides that a prosecution of the new crime established by section 1 of this bill must be commenced within 4 years after the crime is committed. (NRS 171.085)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:

      (a) The person knows to be false or omitted;

      (b) The person intends another to rely on; and

      (c) Results in a loss to any person who relied on the false representation or omission,

 


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ê2009 Statutes of Nevada, Page 144 (Chapter 49, AB 322)ê

 

Ê in at least two transactions that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents within 4 years and in which the aggregate loss or intended loss is more than $250.

      2.  Each act which violates subsection 1 constitutes a separate offense.

      3.  A person who violates subsection 1 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 20 years, and may be further punished by a fine of not more than $10,000.

      4.  In addition to any other penalty, the court shall order a person who violates subsection 1 to pay restitution.

      5.  A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      6.  As used in this section, “enterprise” has the meaning ascribed to it in NRS 207.380.

      Sec. 2.  NRS 207.360 is hereby amended to read as follows:

      207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

      1.  Murder;

      2.  Manslaughter, except vehicular manslaughter as described in NRS 484.3775;

      3.  Mayhem;

      4.  Battery which is punished as a felony;

      5.  Kidnapping;

      6.  Sexual assault;

      7.  Arson;

      8.  Robbery;

      9.  Taking property from another under circumstances not amounting to robbery;

      10.  Extortion;

      11.  Statutory sexual seduction;

      12.  Extortionate collection of debt in violation of NRS 205.322;

      13.  Forgery;

      14.  Any violation of NRS 199.280 which is punished as a felony;

      15.  Burglary;

      16.  Grand larceny;

      17.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

      18.  Battery with intent to commit a crime in violation of NRS 200.400;

      19.  Assault with a deadly weapon;

      20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;

      21.  Receiving or transferring a stolen vehicle;

      22.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

      23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

      24.  Receiving, possessing or withholding stolen goods valued at $250 or more;

      25.  Embezzlement of money or property valued at $250 or more;

 


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ê2009 Statutes of Nevada, Page 145 (Chapter 49, AB 322)ê

 

      26.  Obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses;

      27.  Perjury or subornation of perjury;

      28.  Offering false evidence;

      29.  Any violation of NRS 201.300 or 201.360;

      30.  Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

      31.  Any violation of NRS 205.506, 205.920 or 205.930; [or]

      32.  Any violation of NRS 202.445 or 202.446 [.] ; or

      33.  Any violation of section 1 of this act.

      Sec. 3.  NRS 207.400 is hereby amended to read as follows:

      207.400  1.  It is unlawful for a person:

      (a) Who has with criminal intent received any proceeds derived, directly or indirectly, from racketeering activity to use or invest, whether directly or indirectly, any part of the proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of:

            (1) Any title to or any right, interest or equity in real property; or

            (2) Any interest in or the establishment or operation of any enterprise.

      (b) Through racketeering activity to acquire or maintain, directly or indirectly, any interest in or control of any enterprise.

      (c) Who is employed by or associated with any enterprise to conduct or participate, directly or indirectly, in:

            (1) The affairs of the enterprise through racketeering activity; or

            (2) Racketeering activity through the affairs of the enterprise.

      (d) Intentionally to organize, manage, direct, supervise or finance a criminal syndicate.

      (e) Knowingly to incite or induce others to engage in violence or intimidation to promote or further the criminal objectives of the criminal syndicate.

      (f) To furnish advice, assistance or direction in the conduct, financing or management of the affairs of the criminal syndicate with the intent to promote or further the criminal objectives of the syndicate.

      (g) Intentionally to promote or further the criminal objectives of a criminal syndicate by inducing the commission of an act or the omission of an act by a public officer or employee which violates his official duty.

      (h) To transport property, to attempt to transport property or to provide property to another person knowing that the other person intends to use the property to further racketeering activity.

      (i) Who knows that property represents proceeds of, or is directly or indirectly derived from, any unlawful activity to conduct or attempt to conduct any transaction involving the property:

            (1) With the intent to further racketeering activity; or

            (2) With the knowledge that the transaction conceals the location, source, ownership or control of the property.

      (j) To conspire to violate any of the provisions of this section.

      2.  A person who violates this section 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 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $25,000.

      3.  As used in this section, “unlawful activity” has the meaning ascribed to it in NRS 207.195.

 


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ê2009 Statutes of Nevada, Page 146 (Chapter 49, AB 322)ê

 

      Sec. 4.  NRS 171.085 is hereby amended to read as follows:

      171.085  Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for:

      1.  Theft, robbery, burglary, forgery, arson, sexual assault, a violation of NRS 90.570 , [or] a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of section 1 of this act must be found, or an information or complaint filed, within 4 years after the commission of the offense.

      2.  Any felony other than [murder, theft, robbery, burglary, forgery, arson, sexual assault, a violation of NRS 90.570 or a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999] the felonies listed in subsection 1 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

________

 

CHAPTER 50, AB 332

Assembly Bill No. 332–Assemblymen Dondero Loop, Buckley, Manendo, Smith, Conklin; Aizley, Anderson, Arberry, Atkinson, Bobzien, Claborn, Denis, Goicoechea, Kirkpatrick, Koivisto, Leslie, McClain, Munford, Oceguera, Segerblom, Settelmeyer, Spiegel, Stewart and Woodbury

 

CHAPTER 50

 

AN ACT relating to civil liability; revising provisions governing immunity from liability for donating, receiving or distributing certain grocery products or food; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes immunity from civil liability for certain persons who donate certain grocery products or wholesome foods for consumption or use and for certain persons who receive or distribute such products or foods for consumption or use. This bill adds perishable food to the definition of “wholesome food,” to clarify that the immunity applies to donating perishable foods or receiving and distributing perishable foods.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.491 is hereby amended to read as follows:

      41.491  1.  No civil action for an injury or illness which results from the consumption or use of wholesome food or a grocery product that is fit for human use may be brought against:

      (a) A person or an employee of a person who, in good faith, donates the food or grocery product to a nonprofit charitable organization for free distribution or to any other person for consumption or use;

      (b) A nonprofit charitable organization or an employee of a nonprofit charitable organization which, in good faith, receives or distributes without charge, the food or grocery product;

 


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ê2009 Statutes of Nevada, Page 147 (Chapter 50, AB 332)ê

 

      (c) A person who harvests wholesome food and who, in good faith, donates that food to a nonprofit charitable organization for free distribution or to any other person for consumption; or

      (d) A person to whom wholesome food or a grocery product that is fit for human use has been donated without charge who, in good faith, distributes without charge that food or grocery product to a member of his immediate family,

Ê unless the injury or illness directly resulted from the gross negligence or willful misconduct of the donor, donee, organization or employee.

      2.  If an owner or a manager of property allows a person to glean food from that property in order to distribute that food without charge to other persons or donate the food to a nonprofit charitable organization for free distribution, no civil action for an injury or death resulting from that gleaning may be brought against the owner or manager of the property unless the injury or death directly resulted from the gross negligence or willful misconduct of the owner or manager.

      3.  No civil action for an injury or illness which results from the consumption or use of food or a grocery product which does not comply with all of the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances, may be brought against:

      (a) A person or an employee of a person who, in good faith, donates the food or grocery product to a nonprofit charitable organization for free distribution if, before the food or grocery product is donated:

            (1) The person or employee fully informs the organization that the food or grocery product does not comply with the applicable standards; and

            (2) The organization agrees to recondition the food or grocery product before it is distributed so that it complies with the applicable standards; or

      (b) A nonprofit organization which receives and distributes without charge the food or grocery product if the organization, or any officer, employee or volunteer of the organization, reconditions the food or grocery product before it is distributed so that it complies with the applicable standards,

Ê unless the injury or illness directly resulted from the gross negligence or willful misconduct of the donor, organization, officer, employee or volunteer.

      4.  As used in this section:

      (a) “Donate” means to:

            (1) Give food or a grocery product to another person without requiring anything of monetary value from that person; or

            (2) Sell food or a grocery product for a fee that is significantly less than the cost of the item sold.

      (b) “Glean” means to gather or collect an agricultural crop which is donated by an owner or manager of property.

      (c) “Grocery product that is fit for human use” means a grocery product, other than food, which complies with all the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances. The term includes:

            (1) Products which are not readily marketable because of packaging, appearance, age, surplus, size or other condition; and

 


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ê2009 Statutes of Nevada, Page 148 (Chapter 50, AB 332)ê

 

            (2) Household or industrial cleaning products, personal hygiene products, cleaning equipment and cooking utensils.

      (d) “Perishable food” means any food that may spoil or otherwise become unfit for human consumption after a period of time because of its nature, type or physical condition. The term includes, without limitation, fresh or processed meats, poultry, seafood, dairy products, eggs in the shell, fresh fruits or vegetables, and food that has been:

            (1) Noncommercially packaged;

            (2) Frozen or otherwise requires refrigeration to remain nonperishable for a reasonable length of time; or

            (3) Prepared at a public food service establishment.

      (e) “Wholesome food” means any raw, cooked, processed or prepared food or beverage which is intended for human consumption and which complies with all the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances. The term includes , without limitation, perishable food and food which is not readily marketable because of packaging, appearance, age, freshness, grade, surplus, size or other condition.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 51, AB 338

Assembly Bill No. 338–Assemblywoman McClain

 

CHAPTER 51

 

AN ACT relating to economic development; authorizing a program to provide grants to nonprofit private entities to be used to make loans to veterans and senior citizens to start small businesses; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires certain employers to make payments into the Unemployment Compensation Administration Fund for the program for the employment and training of unemployed persons and persons employed in this State. (NRS 612.606, 612.607) This bill authorizes the expenditure of such money to establish a program to provide grants to nonprofit private entities to be used to make loans to veterans and senior citizens to start small businesses.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4.  (Deleted by amendment.)

      Sec. 5.  NRS 612.607 is hereby amended to read as follows:

      612.607  1.  All payments collected pursuant to NRS 612.606 must be deposited in the Unemployment Compensation Administration Fund. At the end of each fiscal year, the State Controller shall transfer to the Clearing Account in the Unemployment Compensation Fund the amount by which the unencumbered balance of the money deposited in the Unemployment Compensation Administration Fund pursuant to this subsection exceeds the amount of that money which the Legislature has authorized for expenditure during the first 90 days of the succeeding fiscal year.

 


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ê2009 Statutes of Nevada, Page 149 (Chapter 51, AB 338)ê

 

amount of that money which the Legislature has authorized for expenditure during the first 90 days of the succeeding fiscal year.

      2.  Except for money transferred from the Unemployment Compensation Administration Fund pursuant to subsection 1, the Administrator may only expend the money collected for the employment and training of unemployed persons and persons employed in this State to:

      (a) Establish and administer an employment training program which must foster job creation, minimize unemployment costs of employers and meet the needs of employers for skilled workers by providing training to unemployed persons . [;]

      (b) Establish or provide support for job training programs in the public and private sectors for training, retraining or improving the skills of persons employed in this State . [; and]

      (c) Establish a program to provide grants of money to a nonprofit private entity to be used to make loans of money to veterans and senior citizens to start small businesses. The Administrator shall adopt regulations establishing criteria and standards relating to the eligibility for and use of any grants made pursuant to this paragraph.

      (d) Pay the costs of the collection of payments required pursuant to NRS 612.606.

      3.  The money used for the program for the employment and training of unemployed persons and persons employed in this State must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with or duplicate in any way existing apprenticeship programs approved by the State Apprenticeship Council.

      4.  As used in this section:

      (a) “Senior citizen” has the meaning ascribed to it in NRS 439.650.

      (b) “Small business” means a business conducted for profit which:

            (1) Employs 50 or fewer full-time employees; and

            (2) Has gross annual sales of less than $5,000,000.

      Sec. 6.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 52, AB 384

Assembly Bill No. 384–Assemblymen Kihuen, Manendo, Anderson; Denis, Gustavson, Hambrick, Horne, McArthur, Mortenson, Munford, Ohrenschall and Segerblom

 

CHAPTER 52

 

AN ACT relating to crimes; revising provisions making it a crime for prisoners to commit certain acts involving human excrement or bodily fluid; requiring certain law enforcement agencies to pay for certain examinations and testing requested by certain officers and employees who are victims of such a crime; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 


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ê2009 Statutes of Nevada, Page 150 (Chapter 52, AB 384)ê

 

Legislative Counsel’s Digest:

      Existing law makes it a crime for a prisoner who is in lawful custody or confinement, other than residential confinement, to commit certain acts involving human excrement or bodily fluid. (NRS 212.189) This bill expands the applicability of that crime to include a prisoner who is under lawful arrest. In Dumaine v. State (103 Nev. 121 (1987)), the Nevada Supreme Court interpreted the phrase “under lawful arrest” as used in the definition of “prisoner” set forth in existing law (NRS 193.022 and 208.085) to mean that there is an actual restraint of the liberty of the person. The Court stated that one cannot be a prisoner until “one either submits to the control of the arresting officer or is captured, i.e., taken and held in control.” (Dumaine, 103 Nev. 121, 124) Thus, this bill provides that such a crime applies to a person being arrested if there has been an actual restraint of the liberty of that person because either the person has submitted to the control of the arresting law enforcement officer or the person has been captured.

      Existing law also provides that if the victim of such a crime is an officer or employee of a prison, the person or governmental entity operating the prison in which the act occurred is required to pay for certain examinations or tests requested by the officer or employee to determine whether a communicable disease was transmitted to him as a result of the crime. (NRS 212.189) This bill expands that provision by providing that if the victim of such a crime is an officer or employee of a law enforcement agency, the law enforcement agency that employs the officer or employee is required to pay for such examinations and testing requested by the officer or employee.

      Existing law prohibits a prosecuting attorney from dismissing charges for such a crime, under certain circumstances, if the victim or intended victim is an officer or employee of a prison. (NRS 212.189) This bill amends existing law to apply similarly in cases in which the victim or intended victim is an officer or employee of a law enforcement agency.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 212.189 is hereby amended to read as follows:

      212.189  1.  Except as otherwise provided in subsection [9,] 10, a prisoner who is under lawful arrest, in lawful custody or in lawful confinement [, other than residential confinement,] shall not knowingly:

      (a) Store or stockpile any human excrement or bodily fluid;

      (b) Sell, supply or provide any human excrement or bodily fluid to any other person;

      (c) Buy, receive or acquire any human excrement or bodily fluid from any other person; or

      (d) Use, propel, discharge, spread or conceal, or cause to be used, propelled, discharged, spread or concealed, any human excrement or bodily fluid:

            (1) With the intent to have the excrement or bodily fluid come into physical contact with any portion of the body of another person, including, without limitation, an officer or employee of a prison or [any other person,] law enforcement agency, whether or not such physical contact actually occurs; or

            (2) Under circumstances in which the excrement or bodily fluid is reasonably likely to come into physical contact with any portion of the body of another person, including, without limitation, an officer or employee of a prison or [any other person,] law enforcement agency, whether or not such physical contact actually occurs.

 


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ê2009 Statutes of Nevada, Page 151 (Chapter 52, AB 384)ê

 

      2.  Except as otherwise provided in subsection [3,] 4, if a prisoner who is under lawful arrest or in lawful custody violates any provision of subsection 1, the prisoner is guilty of :

      (a) For a first offense, a gross misdemeanor.

      (b) For a second offense or any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      3.  Except as otherwise provided in subsection 4, if a prisoner who is in lawful confinement, other than residential confinement, violates any provision of subsection 1, the prisoner is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      [3.] 4.  If a prisoner who is under lawful arrest, in lawful custody or in lawful confinement violates any provision of paragraph (d) of subsection 1 and, at the time of the offense, the prisoner knew that any portion of the excrement or bodily fluid involved in the offense contained a communicable disease that causes or is reasonably likely to cause substantial bodily harm, whether or not the communicable disease was transmitted to a victim as a result of the offense, the prisoner is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê and may be further punished by a fine of not more than $50,000.

      [4.] 5.  A sentence imposed upon a prisoner pursuant to subsection 2 [or 3:] , 3 or 4:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon him for the offense or offenses for which the prisoner was under lawful arrest, in lawful custody or in lawful confinement when he violated the provisions of subsection 1.

      [5.] 6.  In addition to any other penalty, the court shall order a prisoner who violates any provision of paragraph (d) of subsection 1 to reimburse the appropriate person or governmental body for the cost of any examinations or testing:

      (a) Conducted pursuant to paragraphs (a) and (b) of subsection [7;] 8; or

      (b) Paid for pursuant to subparagraph (2) of paragraph (c) of subsection [7.] 8.

      [6.] 7.  The warden, sheriff, administrator or other person responsible for administering a prison shall immediately and fully investigate any act described in subsection 1 that is reported or suspected to have been committed in the prison.

      [7.] 8.  If there is probable cause to believe that an act described in paragraph (d) of subsection 1 has been committed in a prison:

      (a) Each prisoner believed to have committed the act or to have been the bodily source of any portion of the excrement or bodily fluid involved in the act [must] shall submit to any appropriate examinations and testing to determine whether each such prisoner has any communicable disease.

      (b) If possible, a sample of the excrement or bodily fluid involved in the act must be recovered and tested to determine whether any communicable disease is present in the excrement or bodily fluid.

 


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

ê2009 Statutes of Nevada, Page 152 (Chapter 52, AB 384)ê

 

      (c) If the excrement or bodily fluid involved in the act came into physical contact with any portion of the body of an officer or employee of a prison or [any other person:] law enforcement agency:

            (1) The results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be provided to each such officer, employee or other person; and

            (2) For each such officer or employee [,] :

                  (I) Of a prison, the person or governmental body operating the prison where the act was committed shall pay for any appropriate examinations and testing requested by the officer or employee to determine whether a communicable disease was transmitted to him as a result of the act [.] ; and

                  (II) Of any law enforcement agency, the law enforcement agency that employs the officer or employee shall pay for any appropriate examinations and testing requested by the officer or employee to determine whether a communicable disease was transmitted to him as a result of the act.

      (d) The results of the investigation conducted pursuant to subsection [6] 7 and the results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be submitted to the district attorney of the county in which the act was committed or to the Office of the Attorney General for possible prosecution of each prisoner who committed the act.

      [8.] 9.  If a prisoner is charged with committing an act described in paragraph (d) of subsection 1 and a victim or an intended victim of the act was an officer or employee of a prison [,] or law enforcement agency, the prosecuting attorney shall not dismiss the charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      [9.] 10.  The provisions of this section do not apply to a prisoner who is in residential confinement or to a prisoner who commits an act described in subsection 1 if the act:

      (a) Is otherwise lawful and is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his designee, and the prisoner performs the act in accordance with the directions or instructions given to him by that person;

      (b) Involves the discharge of human excrement or bodily fluid directly from the body of the prisoner and the discharge is the direct result of a temporary or permanent injury, disease or medical condition afflicting the prisoner that prevents the prisoner from having physical control over the discharge of his own excrement or bodily fluid; or

      (c) Constitutes voluntary sexual conduct with another person in violation of the provisions of NRS 212.187.

________

 


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

ê2009 Statutes of Nevada, Page 153ê

 

CHAPTER 53, AB 417

Assembly Bill No. 417–Assemblymen Kirkpatrick, Atkinson; and Pierce

 

CHAPTER 53

 

AN ACT relating to traffic laws; revising provisions governing the operation of vehicles on highways and controlled-access highways; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth the conditions under which the driver of a vehicle may pass another vehicle on the right. (NRS 484.297) Section 1 of this bill authorizes a driver to pass another vehicle on the right on a highway with unobstructed pavement which is not marked as a traffic lane and which is not occupied by parked vehicles, if the vehicle that is passing: (1) does not travel more than 200 feet in the section of pavement not marked as a traffic lane; or (2) while being driven in the section of pavement not marked as a traffic lane, does not travel through an intersection or past any private driveway that is used to enter or exit the highway.

      Existing law prohibits certain driving maneuvers on a controlled-access highway. (NRS 484.311) Section 2 of this bill provides that, unless required to do so because of an emergency, the driver of a vehicle is prohibited from driving the vehicle: (1) upon any portion of a controlled-access highway that lies outside of marked traffic lanes or marked entrance or exit lanes; or (2) across any solid white line that separates an entrance or exit lane from a marked traffic lane.

      A person who violates any provision of this bill is guilty of a misdemeanor. (NRS 484.999) In addition, the penalty is doubled if the violation occurs in a work zone. (NRS 484.3667)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.297 is hereby amended to read as follows:

      484.297  1.  The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

      (a) When the driver of the vehicle overtaken is making or signaling to make a left turn.

      (b) Upon a highway with unobstructed pavement [,] which is not occupied by parked vehicles [,] and which is of sufficient width for two or more lines of moving vehicles in each direction.

      (c) Upon a highway with unobstructed pavement which is not marked as a traffic lane and which is not occupied by parked vehicles, if the vehicle that is overtaking and passing another vehicle:

            (1) Does not travel more than 200 feet in the section of pavement not marked as a traffic lane; or

            (2) While being driven in the section of pavement not marked as a traffic lane, does not travel through an intersection or past any private way that is used to enter or exit the highway.

      (d) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

      2.  The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.

 


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

ê2009 Statutes of Nevada, Page 154 (Chapter 53, AB 417)ê

 

      3.  The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.

      4.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.

      Sec. 2.  NRS 484.311 is hereby amended to read as follows:

      484.311  1.  When official traffic-control devices are erected giving notice thereof, a person shall not drive a vehicle onto or from any controlled-access highway except at those entrances and exits which are indicated by such devices.

      2.  Except if required by an emergency, a person shall not drive a vehicle on a controlled-access highway:

      (a) Upon any portion of the highway that lies outside of a marked traffic lane or marked entrance or exit lane; or

      (b) Across any solid white line that separates an entrance or exit lane from a marked traffic lane.

      3.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 54, AB 477

Assembly Bill No. 477–Committee on Judiciary

 

CHAPTER 54

 

AN ACT relating to public safety; exempting a person who works for a landlord of a dwelling unit used for a residence for older persons from an additional background check; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      This bill exempts a person who works for a landlord of a dwelling unit that is used as a residence for certain older persons from the requirement of having a criminal background check to obtain a work card from the county sheriff if the person has submitted to a background check as a condition to employment with certain medical or other related facilities within the immediately preceding 6 months.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 118A.335 is hereby amended to read as follows:

      118A.335  1.  Except as otherwise provided in subsection [5,] 6, a landlord of dwelling units intended and operated exclusively for persons 55 years of age and older may not employ any person who will work 36 hours or more per week and who will have access to all dwelling units to perform work on the premises unless the person has obtained a work card issued pursuant to subsection 2 by the sheriff of the county in which the dwelling units are located and renewed that work card as necessary.

 


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ê2009 Statutes of Nevada, Page 155 (Chapter 54, AB 477)ê

 

      2.  The sheriff of a county shall issue a work card to each person who is required by this section to obtain a work card and who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed:

      (a) Every 5 years; and

      (b) Whenever the person changes his employment to perform work for an employer other than the employer for which his current work card was issued.

      3.  [If] Except as otherwise provided in subsection 4, if the sheriff of a county requires an applicant for a work card to be investigated:

      (a) The applicant must submit with his application a complete set of his fingerprints and written permission authorizing the sheriff to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (b) The sheriff shall submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      (c) The sheriff may issue a temporary work card pending the determination of the criminal history of the applicant by the Federal Bureau of Investigation.

      4.  The sheriff of a county shall not require an investigation of the criminal history of an employee or independent contractor of an agency or facility governed by NRS 449.176 to 449.188, inclusive, who has had his fingerprints submitted to the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.179 for an investigation of his criminal history within the immediately preceding 6 months.

      5.  The sheriff shall not issue a work card to any person who:

      (a) Has been convicted of a category A, B or C felony or of a crime in another state which would be a category A, B or C felony if committed in this State;

      (b) Has been convicted of a sexual offense;

      (c) Has been convicted of a crime against any person who is 60 years of age or older or against a vulnerable person for which an additional term of imprisonment may be imposed pursuant to NRS 193.167 or the laws of any other jurisdiction;

      (d) Has been convicted of a battery punishable as a gross misdemeanor; or

      (e) Within the immediately preceding 5 years:

            (1) Has been convicted of a theft; or

            (2) Has been convicted of a violation of any state or federal law regulating the possession, distribution or use of a controlled substance.

      [5.] 6.  The following persons are not required to obtain a work card pursuant to this section:

      (a) A person who holds a permit to engage in property management pursuant to chapter 645 of NRS.

      (b) An independent contractor. As used in this paragraph, “independent contractor” means a person who performs services for a fixed price according to his own methods and without subjection to the supervision or control of the landlord, except as to the results of the work, and not as to the means by which the services are accomplished.

 


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

ê2009 Statutes of Nevada, Page 156 (Chapter 54, AB 477)ê

 

      (c) An offender in the course and scope of his employment in a work program directed by the warden, sheriff, administrator or other person responsible for administering a prison, jail or other detention facility.

      (d) A person performing work through a court-assigned restitution or community-service program.

      [6.] 7.  If the sheriff does not issue a work card to a person because the information received from the Central Repository for Nevada Records of Criminal History indicates that the person has been convicted of a crime listed in subsection [4] 5 and the person believes that the information provided by the Central Repository is incorrect, the person may immediately inform the sheriff. If the sheriff is so informed, he shall give the person at least 30 days in which to correct the information before terminating the temporary work card issued pursuant to subsection 3.

      [7.] 8.  As used in this section, unless the context otherwise requires:

      (a) “Sexual offense” has the meaning ascribed to it in NRS 179D.097.

      (b) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

________

 

CHAPTER 55, AB 509

Assembly Bill No. 509–Committee on Commerce and Labor

 

CHAPTER 55

 

AN ACT relating to court reporters; revising definitions, educational requirements and provisions governing disciplinary actions with regard to certified court reporters; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises the definitions applicable to the provisions governing court reporters.

      Section 2 of this bill includes reporting procedures as a topic that must be covered in a course of study to fulfill the educational requirements to take an examination for a certified court reporter’s certificate.

      Sections 3-6 of this bill provide for similar treatment, with regard to disciplinary action, of both certificate holders and licensees. Section 4 of this bill also includes untimely delivery of a transcript as one of the grounds for disciplinary action under chapter 656 of NRS.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 656.030 is hereby amended to read as follows:

      656.030  As used in this chapter, unless the context otherwise requires:

      1.  “Board” means the Certified Court Reporters’ Board of Nevada.

      2.  “Certificate” means a certified court reporter’s certificate issued under the provisions of this chapter.

      3.  “Certified court reporter” or “court reporter” means a person who is technically qualified and registered under this chapter to practice court reporting.

 


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

ê2009 Statutes of Nevada, Page 157 (Chapter 55, AB 509)ê

 

      4.  “Court reporting firm” means a person who, for compensation, provides or arranges for the services of a court reporter or provides referral services for court reporters [.] in this State.

      5.  “Designated representative of a court reporting firm” means the person designated to act as the representative of a court reporting firm pursuant to NRS 656.186.

      6.  “License” means a license issued under the provisions of this chapter to conduct business as a court reporting firm.

      7.  “Licensee” means a person to whom a license has been issued.

      8.  “Practice of court reporting” means reporting , in this State, by the use of voice writing or any system of manual or mechanical shorthand writing:

      (a) Grand jury proceedings;

      (b) Court proceedings [;] , with the exception of proceedings before a federal court;

      (c) Pretrial examinations, depositions, motions and related proceedings of like character; or

      (d) Proceedings of [an administrative] any agency if the final decision of the agency with reference thereto is subject to judicial review.

      9.  “Stenographic notes” means:

      (a) The original manually or mechanically produced notes in shorthand or shorthand writing taken by a court reporter while in attendance at a proceeding to report the proceeding; or

      (b) The record produced by the use of voice writing by a court reporter while in attendance at a proceeding.

      10.  “Voice writing” means the making of a verbatim record of a proceeding by repeating the words of the speaker into a device that is capable of:

      (a) Digitally translating the words into text; or

      (b) Making a tape or digital recording of those words.

      Sec. 2.  NRS 656.170 is hereby amended to read as follows:

      656.170  1.  Examinations must be held not less than twice a year at such times and places as the Board may designate.

      2.  No person may be admitted to the examination unless he first presents satisfactory evidence to the Board that he has:

      (a) Received a passing grade on the National Court Reporters Association’s examination for registered professional reporters, if the Board has approved the examination;

      (b) Received a passing grade on the National Verbatim Reporters Association’s examination for certified verbatim reporters, if the Board has approved the examination;

      (c) A certificate of satisfactory completion of a prescribed course of study from a school for court reporters which includes English grammar, reading, spelling and vocabulary, medical and legal terminology, transcription, reporting procedures and court reporting at 200 words per minute with an accuracy of 97.5 percent;

      (d) A certificate as a registered professional reporter, registered merit reporter, certified CART provider, certified broadcast captioner or certified realtime reporter from the National Court Reporters Association, if the Board has approved each such certificate;

 


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

ê2009 Statutes of Nevada, Page 158 (Chapter 55, AB 509)ê

 

      (e) A certificate as a certified verbatim reporter or a certificate of merit from the National Verbatim Reporters Association, if the Board has approved each such certificate;

      (f) A valid certificate or license to practice court reporting issued by another state; or

      (g) One year of continuous experience as a full-time court reporter using voice writing or any system of manual or mechanical shorthand writing.

      Sec. 3.  NRS 656.240 is hereby amended to read as follows:

      656.240  The Board may refuse to issue or to renew or may suspend or revoke any certificate or license for any one or a combination of the following causes:

      1.  If the applicant or court reporter has by false representation obtained or sought to obtain a certificate or license for himself or any other person.

      2.  If the applicant or court reporter has been found in contempt of court, arising out of his conduct in performing or attempting to perform any act as a court reporter.

      3.  If the applicant or court reporter has been convicted of a crime related to the qualifications, functions and responsibilities of a certified or licensed court reporter.

      4.  If the applicant or court reporter has been convicted of any offense involving moral turpitude.

Ê The judgment of conviction or a certified copy of the judgment is conclusive evidence of conviction of an offense.

      Sec. 4.  NRS 656.250 is hereby amended to read as follows:

      656.250  The Board may refuse to issue or renew or may suspend or revoke any certificate or license if the court reporter in performing or attempting to perform or pretending to perform any act as a court reporter has:

      1.  Willfully failed to take full and accurate stenographic notes of any proceedings;

      2.  Willfully altered any stenographic notes taken at any proceedings;

      3.  Willfully failed accurately to transcribe verbatim any stenographic notes taken at any proceedings;

      4.  Willfully altered a transcript of stenographic notes taken at any proceedings;

      5.  Affixed his signature to any transcript of his stenographic notes or certified to the correctness of such a transcript unless the transcript was prepared by him or was prepared under his immediate supervision;

      6.  Demonstrated unworthiness or incompetency to act as a court reporter in such a manner as to safeguard the interests of the public;

      7.  Professionally associated with or loaned his name to another for the illegal practice by another of court reporting, or professionally associated with any natural person, firm, copartnership or corporation holding itself out in any manner contrary to the provisions of this chapter;

      8.  Habitually been intemperate in the use of intoxicating liquor or controlled substances;

      9.  Except as otherwise provided in subsection 10, willfully violated any of the provisions of this chapter or the regulations adopted by the Board to enforce this chapter;

 


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

ê2009 Statutes of Nevada, Page 159 (Chapter 55, AB 509)ê

 

      10.  Violated any regulation adopted by the Board relating to:

      (a) Unprofessional conduct;

      (b) Agreements for the provision of ongoing services as a court reporter or ongoing services which relate to the practice of court reporting;

      (c) The avoidance of a conflict of interest; or

      (d) The performance of the practice of court reporting in a uniform, fair and impartial manner and avoiding the appearance of impropriety.

      11.  Failed within a reasonable time to provide information requested by the Board as the result of a formal or informal complaint to the Board, which would indicate a violation of this chapter; or

      12.  Failed without excuse to transcribe stenographic notes of a proceeding and file or deliver to an ordering party a transcript of the stenographic notes:

      (a) Within the time required by law or agreed to by verbal or written contract; [or]

      (b) Within [any other] a reasonable time required for filing the transcript [.] ; or

      (c) Within a reasonable time required for delivery of the transcript.

      Sec. 5.  NRS 656.253 is hereby amended to read as follows:

      656.253  The Board may refuse to issue or renew or may suspend or revoke a certificate or license if, after notice and a hearing as required by law, the Board determines that the licensee or certificate holder has committed any of the acts set forth in NRS 656.240 or 656.250.

      Sec. 6.  NRS 656.257 is hereby amended to read as follows:

      656.257  In addition to or in lieu of suspending, revoking or refusing to issue or renew the certificate of a court reporter or the license of a court reporting firm pursuant to NRS 656.240 , [or] 656.250 or [the license of a court reporting firm pursuant to NRS] 656.253, the Board may, by a majority vote:

      1.  Place the court reporter or court reporting firm on probation for a period not to exceed 1 year; or

      2.  Impose an administrative fine against the court reporter or court reporting firm in an amount not to exceed $5,000 for each violation for which the administrative fine is imposed.

________

 


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

ê2009 Statutes of Nevada, Page 160ê

 

CHAPTER 56, AB 517

Assembly Bill No. 517–Committee on Judiciary

 

CHAPTER 56

 

AN ACT relating to administrative regulations; providing, with certain exceptions, that words or terms defined in the Nevada Revised Statutes have the same definitions in the corresponding portions of the Nevada Administrative Code; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill sets forth that, unless a provision of law or the relevant context requires otherwise, a word or term defined in a title or chapter of the Nevada Revised Statutes, or a portion thereof, has the same meaning in the corresponding title or chapter of the Nevada Administrative Code, or portion thereof. Section 2 of this bill directs the Legislative Counsel, when preparing supplements to the Nevada Administrative Code, to change, move or remove words and terms as necessary to ensure the provisions of that Code are consistent with the rule stated in section 1.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless otherwise specifically provided by law or unless the context otherwise requires, if a word or term is defined for use in a particular title or chapter of the Nevada Revised Statutes or in a particular subpart thereof, the word or term has the same meaning in the corresponding title or chapter of the Nevada Administrative Code or in the corresponding subpart thereof, as applicable.

      Sec. 2.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act.

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

________

 


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

ê2009 Statutes of Nevada, Page 161ê

 

CHAPTER 57, AB 518

Assembly Bill No. 518–Committee on Transportation

 

CHAPTER 57

 

AN ACT relating to statutes; making a technical correction to previously enacted provisions regarding taxes for regional transportation projects; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      In 2003, the Nevada Legislature enacted legislation authorizing the imposition of certain taxes in Clark County to fund regional transportation projects. (Chapter 187, Statutes of Nevada 2003, p. 945) A transitory provision in that legislation referred to the total sales and use tax that would be imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030 as a measure of the proceeds of the tax rather than the increase authorized pursuant to the legislation. This bill clarifies that the measure of the proceeds must be based upon the additional sales and use tax that was authorized.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 22 of chapter 187, Statutes of Nevada 2003, at page 959, is hereby amended to read as follows:

      Sec. 22.  1.  The approval by the voters on November 5, 2002, of Advisory Question No. 10, concerning transportation, on the 2002 general election ballot for Clark County shall be deemed to constitute approval by the voters of the taxes authorized by the provisions of NRS 278.710, as amended by this act, and paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act. No other approval by the voters is required for the imposition of those taxes in Clark County, including its incorporated cities, at the following rates:

      (a) Pursuant to NRS 278.710:

            (1) For each fiscal year beginning:

                  (I) On or after July 1, 2003, and before July 1, 2005, $650;

                  (II) On or after July 1, 2005, and before July 1, 2010, $700;

                  (III) On or after July 1, 2010, and before July 1, 2015, $800;

                  (IV) On or after July 1, 2015, and before July 1, 2020, $900; and

                  (V) On or after July 1, 2020, $1,000,

per single-family dwelling of new residential development, or the equivalent thereof as determined by the board of county commissioners; and

            (2) For each fiscal year beginning:

                  (I) On or after July 1, 2003, and before July 1, 2005, $0.65;

                  (II) On or after July 1, 2005, and before July 1, 2010, $0.75;

                  (III) On or after July 1, 2010, and before July 1, 2015, $0.80;

                  (IV) On or after July 1, 2015, and before July 1, 2020, $0.90; and

                  (V) On or after July 1, 2020, $1.00,

per square foot on other new development; and

 


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

ê2009 Statutes of Nevada, Page 162 (Chapter 57, AB 518)ê

 

      (b) Pursuant to paragraph (b) of subsection 1 of NRS 377A.030:

            (1) [One-half] An increase from one-fourth to one-half of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, until:

                  (I) The last day of the fiscal year during which the Department of Taxation determines that the cumulative total proceeds of the additional one-fourth of 1 percent tax [imposed at that rate] equal or exceed $1.7 billion; or

                  (II) June 30, 2028,

whichever occurs earlier; and

            (2) Three-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, during each subsequent fiscal year.

      2.  The approval by the voters on November 5, 2002, of Advisory Question No. 2, concerning transportation, on the 2002 general election ballot for Washoe County shall be deemed to constitute approval by the voters of an increase in the rate of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act, to three-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. No other approval by the voters is required for the imposition of that increase in the rate of that tax in Washoe County, including its incorporated cities.

      3.  If at any time after November 5, 2002, and before the effective date of this act, another county obtains approval by the voters of a measure which complies with the provisions of NRS 278.710 for the tax authorized by that section, as amended by this act, that approval shall be deemed to constitute approval of the tax specified on the ballot and no other approval by the voters is required for imposition of that tax at the rate or rates specified on that ballot.

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

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ê2009 Statutes of Nevada, Page 163ê

 

CHAPTER 58, AB 253

Assembly Bill No. 253–Assemblymen Cobb, Hambrick; Carpenter, Christensen, Claborn, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hardy, Hogan, Manendo, McArthur, Mortenson, Ohrenschall, Parnell, Settelmeyer, Stewart and Woodbury

 

CHAPTER 58

 

AN ACT relating to crimes; making it a crime to remove the firearm or other weapon of a public officer while resisting, delaying or obstructing the public officer in the discharge of his duties; increasing the penalty for using a firearm in the course of such resistance, delay or obstruction; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 7, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a person who resists, delays or obstructs a public officer in discharging his duties is guilty of a category D felony or a misdemeanor, depending upon whether the person used a dangerous weapon. (NRS 199.280) This bill provides that a person who, during such resistance, delay or obstruction: (1) uses a firearm or intentionally removes or attempts to remove a firearm from a public officer, is guilty of a category C felony; and (2) uses any dangerous weapon, other than a firearm, or intentionally removes or attempts to remove a weapon, other than a firearm, from a public officer, is guilty of a category D felony.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 199.280 is hereby amended to read as follows:

      199.280  A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his office shall be punished:

      1.  Where a firearm is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a firearm from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category C felony as provided in NRS 193.130.

      2.  Where a dangerous weapon , other than a firearm, is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a weapon, other than a firearm, from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category D felony as provided in NRS 193.130.

      [2.] 3.  Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.

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ê2009 Statutes of Nevada, Page 164ê

 

CHAPTER 59, AB 74

Assembly Bill No. 74–Committee on Government Affairs

 

CHAPTER 59

 

AN ACT relating to land use planning; revising provisions concerning tentative maps and final maps of certain subdivisions of land; and providing other matters properly relating thereto.

 

[Approved: May 7, 2009]

 

Legislative Counsel’s Digest:

      Existing law prescribes certain requirements for the proposed dividing of land into five or more units for the purpose of transfer or development, unless otherwise exempted. (NRS 278.320-278.460) The initial action in the process of dividing such land is the submission of a tentative map of the proposed subdivision, and the concluding action is the recordation of an approved final map. (NRS 278.330, 278.460) Existing law establishes deadlines for the appropriate planning authority and various other affected governmental entities to act or report on such a tentative or final map. A subdivider and the appropriate planning authority can agree to extend those deadlines. (NRS 278.350) Section 1 of this act provides that if a subdivider enters into such an agreement covering a portion of an approved tentative map, no requirements other than those imposed on each of the final maps in a series of final maps may be placed on a map when the agreement is entered into, unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.

      Under existing law, a subdivider whose tentative map of a proposed subdivision has been approved by the appropriate planning authority is required to present a final map covering the entire subdivision or the first of a series of successive final maps covering portions of the subdivision within 2 years after the approval of his tentative map, with certain exceptions, or proceedings concerning the subdivision are terminated. (NRS 278.360) Section 2 of this bill extends the deadline for submission of either type of final map to 4 years after approval of the tentative map.

      Under existing law, if a subdivider is presenting a series of final maps, each successive map is required to be presented within 1 year after the previous final map in the series was recorded, unless the planning authority grants an extension of not more than 1 additional year. The planning authority is prohibited from imposing any additional requirements on a successive map for which an extension is granted unless the requirement is directly attributable to a change in the applicable laws which affect the public health, safety or welfare. (NRS 278.360) Section 2 extends the deadline for the presentation of a successive final map to 2 years after recordation of the previous final map in the series and extends the period for which an extension of that deadline may be granted to 2 additional years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.350 is hereby amended to read as follows:

      278.350  Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:

      1.  The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.

 


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ê2009 Statutes of Nevada, Page 165 (Chapter 59, AB 74)ê

 

      2.  If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body, or the planning commission if it has been authorized to take final action, shall certify the map as approved.

      3.  The time limits set forth in NRS 278.010 to 278.630, inclusive, for tentative and final maps are suspended for a period, not to exceed 1 year, during which this State or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the processing of a tentative map or the development, processing or recordation of a final map.

      4.  If the subdivider enters into an agreement pursuant to subsection 1 covering a portion of an approved tentative map, no requirements other than those imposed on each of the final maps in a series of final maps may be placed on a map when the agreement is entered into unless the requirement is directly attributable to a change in applicable laws which affects the public health, safety or welfare.

      Sec. 2.  NRS 278.360 is hereby amended to read as follows:

      278.360  1.  Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201 [:] or 278.350:

      (a) Unless the time is extended, the subdivider shall present to the governing body, or the planning commission or the director of planning or other authorized person or agency if authorized to take final action by the governing body, within [2] 4 years after the approval of a tentative map:

            (1) A final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved; or

            (2) The first of a series of final maps covering a portion of the approved tentative map. If the subdivider elects to present a successive map in a series of final maps, each covering a portion of the approved tentative map, the subdivider shall present to the governing body, or the planning commission or the director of planning or other authorized person or agency if authorized to take final action by the governing body, on or before the second anniversary of the date on which the subdivider recorded the first in the series of final maps:

                  (I) A final map, prepared in accordance with the tentative map, for the entire area for which the tentative map has been approved; or

                  (II) The next final map in the series of final maps covering a portion of the approved tentative map.

      (b) If the subdivider fails to comply with the provisions of paragraph (a), all proceedings concerning the subdivision are terminated.

      (c) The governing body or planning commission may grant an extension of not more than [1 year] 2 years for the presentation of any final map after the [1-year] 2-year period for presenting a successive final map has expired.

      2.  If the subdivider is presenting in a timely manner a series of final maps, each covering a portion of the approved tentative map, no requirements other than those imposed on each of the final maps in the series may be placed on the map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.

      Sec. 3.  1.  This act becomes effective upon passage and approval.

      2.  Section 2 of this act expires by limitation on June 30, 2013.

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ê2009 Statutes of Nevada, Page 166ê

 

CHAPTER 60, SB 48

Senate Bill No. 48–Committee on Taxation

 

CHAPTER 60

 

AN ACT relating to tobacco; repealing certain requirements regarding the delivery of cigarettes sold to consumers; and providing other matters properly relating thereto.

 

[Approved: May 11, 2009]

 

Legislative Counsel’s Digest:

      Existing law imposes certain duties regarding the delivery of cigarettes sold to consumers to assist in ensuring compliance with requirements for the taxation of tobacco and the licensing of retail tobacco dealers and to assist in preventing the delivery of cigarettes to children under 18 years of age. (NRS 370.325, 370.329) In Rowe v. New Hampshire Motor Transp. Ass’n, 128 S.Ct. 989 (2008), the United States Supreme Court held that the requirements of similar Maine statutes were preempted by federal law. Section 6 of this bill repeals the preempted requirements of this State and two definitions that are thereby rendered obsolete.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 370.382 is hereby amended to read as follows:

      370.382  1.  It is unlawful for a person, with the intent to defraud the State:

      (a) To fail to keep or make any record, return, report or inventory, or keep or make any false or fraudulent record, return, report or inventory, required pursuant to NRS 370.080 to [370.329,] 370.327, inclusive, or any regulations adopted for the administration or enforcement of those provisions;

      (b) To refuse to pay any tax imposed pursuant to NRS 370.080 to [370.329,] 370.327, inclusive, or attempt in any manner to evade or defeat the tax or the payment thereof;

      (c) To alter, forge or otherwise counterfeit any stamp;

      (d) To sell or possess for the purpose of sale any counterfeit stamp;

      (e) To have in his possession any counterfeit stamp, with the intent to use the counterfeit stamp, knowing or having reasonable grounds to believe the stamp to be a counterfeit stamp;

      (f) To have in his possession any stamp which he knows has been removed from any cigarette package to which it was affixed;

      (g) To affix to any cigarette package a stamp which he knows has been removed from any other cigarette package; or

      (h) To fail to comply with any requirement of NRS 370.080 to [370.329,] 370.327, inclusive.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 2.  NRS 370.395 is hereby amended to read as follows:

      370.395  A person who:

      1.  Knowingly violates any of the provisions of NRS 370.321 [to 370.329, inclusive;] , 370.323 or 370.327; or

      2.  Knowingly and falsely submits a certification pursuant to paragraph (a) of subsection 1 of NRS 370.323 in the name of another person,

 


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ê2009 Statutes of Nevada, Page 167 (Chapter 60, SB 48)ê

 

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 3.  NRS 370.419 is hereby amended to read as follows:

      370.419  All fixtures, equipment and other materials and personal property on the premises of any wholesale or retail dealer who, with intent to defraud the State:

      1.  Fails to keep or make any record, return, report or inventory required pursuant to NRS 370.080 to [370.329,] 370.327, inclusive;

      2.  Keeps or makes any false or fraudulent record, return, report or inventory required pursuant to NRS 370.080 to [370.329,] 370.327, inclusive;

      3.  Refuses to pay any tax imposed pursuant to NRS 370.080 to [370.329,] 370.327, inclusive; or

      4.  Attempts in any manner to evade or defeat the requirements of NRS 370.080 to [370.329,] 370.327, inclusive,

Ê is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive.

      Sec. 4.  NRS 370.425 is hereby amended to read as follows:

      370.425  In addition to any other penalty authorized by law:

      1.  The Department may:

      (a) Impose a civil penalty of $1,000 on any person who knowingly:

            (1) Omits, neglects or refuses to:

                  (I) Comply with any duty imposed upon him pursuant to the provisions of NRS 370.080 to 370.315, inclusive; or

                  (II) Do or cause to be done any of the things required pursuant to those provisions; or

            (2) Does anything prohibited by the provisions of NRS 370.080 to 370.315, inclusive.

      (b) Impose on each person who violates any of the provisions of NRS 370.321 [to 370.329, inclusive,] , 370.323 or 370.327 a civil penalty of:

            (1) Not more than $1,000 for the first violation; and

            (2) Not less than $1,000 nor more than $5,000 for each subsequent violation.

      2.  Any person who fails to pay any tax imposed pursuant to the provisions of NRS 370.080 to [370.329,] 370.327, inclusive, within the time prescribed by law or regulation shall pay a penalty of 500 percent of the tax due but unpaid, in addition to the tax.

      Sec. 5.  NRS 370.525 is hereby amended to read as follows:

      370.525  1.  Except as otherwise provided in subsection 2, a person may institute a civil action in a court of competent jurisdiction for appropriate injunctive relief if the person:

      (a) Sells, distributes or manufactures cigarettes; and

      (b) Sustains direct economic or commercial injury as a result of a violation of NRS 370.080 to [370.329,] 370.327, inclusive, 370.380, 370.382, 370.385, 370.395, 370.405 or 370.410.

      2.  Nothing in this section authorizes an action against this State, a political subdivision of this State, or an officer, employee or agency thereof.

      Sec. 6.  NRS 370.044, 370.046, 370.325 and 370.329 are hereby repealed.

      Sec. 7.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 168ê

 

CHAPTER 61, SB 156

Senate Bill No. 156–Senator Care

 

CHAPTER 61

 

AN ACT relating to elections; clarifying that any registered voter of the State or appropriate political subdivision may sign a petition to demand the recall of a public officer, regardless of whether the registered voter voted in the election at which the public officer was elected; and providing other matters properly relating thereto.

 

[Approved: May 11, 2009]

 

Legislative Counsel’s Digest:

      The Nevada Constitution provides for the right of the registered voters of the State of Nevada to recall a public officer and sets forth a procedure for exercising that right, including a requirement to file a petition to demand the recall and a formula for determining the number of signatures of registered voters that is required to appear on the petition to force the recall election. The Constitution also provides that “[s]uch additional legislation as may aid the operation of this section shall be provided by law.” (Nev. Const. Art. 2, § 9) The Legislature has enacted provisions to aid the operation of the registered voters’ right to recall a public officer, including provisions governing the contents of a petition to demand a recall. (Chapter 306 of NRS) This bill clarifies the provisions governing the requirements for signing such a petition by specifically stating in the law that the signatures on the petition may be those of any registered voter of the State or of the county, district, municipality or portion thereof that the public officer represents, regardless of whether the registered voter cast a ballot in the election at which the public officer was elected.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 306.020 is hereby amended to read as follows:

      306.020  1.  Every public officer in the State of Nevada is subject to recall from office by the registered voters of the State or of the county, district or municipality [from which he was elected,] that he represents, as provided in this chapter and Section 9 of Article 2 of the Constitution of the State of Nevada . [and this chapter.] A public officer who is appointed to an elective office is subject to recall in the same manner as provided for an officer who is elected to that office.

      2.  The petition to recall a public officer may be signed by any registered voter of the State or of the county, district, municipality or portion thereof that the public officer represents, regardless of whether the registered voter cast a ballot in the election at which the public officer was elected.

      3.  The petition must, in addition to setting forth the reason why the recall is demanded:

      (a) Contain the residence addresses of the signers and the date that the petition was signed;

      (b) Contain a statement of the minimum number of signatures necessary to the validity of the petition;

      (c) Contain at the top of each page and immediately above the signature line, in at least 10-point bold type, the words “Recall Petition”;

 


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ê2009 Statutes of Nevada, Page 169 (Chapter 61, SB 156)ê

 

      (d) Include the date that a notice of intent was filed; and

      (e) Have the designation: “Signatures of registered voters seeking the recall of ................ (name of public officer for whom recall is sought)” on each page if the petition contains more than one page.

________

 

CHAPTER 62, SB 199

Senate Bill No. 199–Senator McGinness

 

CHAPTER 62

 

AN ACT relating to farm vehicles; allowing a farmer or rancher to weigh a farm vehicle on a certified scale for purposes of registration in lieu of having the farm vehicle weighed by a public weighmaster; and providing other matters properly relating thereto.

 

[Approved: May 11, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires that vehicles required to be weighed pursuant to chapters 482 and 706 of NRS be weighed by a public weighmaster. (NRS 482.485, 706.276) This bill allows a farmer or rancher to instead weigh his farm vehicle on a certified scale and use a printout from that scale as proof of the declared gross weight of the farm vehicle for purposes of registration or temporary permitting.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.485 is hereby amended to read as follows:

      482.485  1.  The provisions of chapter 582 of NRS (Public Weighmasters) are hereby made applicable to this chapter.

      2.  [All] Except as otherwise provided in subsection 6, all motor vehicles required to be weighed under the provisions of this chapter [shall] must be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the Director and the State Sealer of Weights and Measures, and according to the provisions of chapter 582 of NRS.

      3.  The Department for registration purposes only [shall be allowed to] may collect a fee, not to exceed $1, for each vehicle weighed by the Department.

      4.  From time to time, upon request of the Director, the State Sealer of Weights and Measures shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.

      5.  Public weighmasters’ certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the Director as evidence of the weight of the motor vehicle for which a license is applied.

      6.  In lieu of weighing a farm vehicle pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

      (a) Weigh the farm vehicle on a scale which has been certified by the State Sealer of Weights and Measures; and

 


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ê2009 Statutes of Nevada, Page 170 (Chapter 62, SB 199)ê

 

      (b) Use a printout from that scale setting forth the declared gross weight of the farm vehicle as proof of the declared gross weight of the farm vehicle for purposes of this chapter.

      Sec. 2.  NRS 706.276 is hereby amended to read as follows:

      706.276  1.  The provisions of chapter 582 of NRS are hereby made applicable to this chapter.

      2.  [All] Except as otherwise provided in subsection 6, all vehicles required to be weighed under the provisions of this chapter [shall] must be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the Department and the State Sealer of Weights and Measures, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.

      3.  The Department [shall be allowed to] may collect a fee, not to exceed $1, for each vehicle weighed by the Department.

      4.  The State Sealer of Weights and Measures from time to time, upon request of the Department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.

      5.  Public weighmasters’ certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the Department as evidence of the weight of the vehicle for which a license is applied.

      6.  In lieu of weighing a farm vehicle pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

      (a) Weigh the farm vehicle on a scale which has been certified by the State Sealer of Weights and Measures; and

      (b) Use a printout from that scale setting forth the declared gross weight of the farm vehicle as proof of the declared gross weight of the farm vehicle for purposes of this chapter.

      Sec. 3.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 171ê

 

CHAPTER 63, SB 223

Senate Bill No. 223–Senator Wiener

 

CHAPTER 63

 

AN ACT relating to crimes; revising the provisions relating to certain crimes involving credit cards and debit cards; and providing other matters properly relating thereto.

 

[Approved: May 11, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from: (1) obtaining or possessing the credit card or debit card, or the identifying description of the credit card or debit card, of another person who is the cardholder, without the consent of the cardholder, with the intent to circulate, use, sell or transfer the card or the identifying description of the card; (2) selling a credit card or debit card or the number or other identifying description of a credit card, debit card or credit account; (3) buying a credit card, debit card or the number or other identifying description of a credit card, debit card or credit account from a person other than the issuer; and (4) using, with the intent to defraud, the number or other identifying description of a credit account, customarily evidenced by a credit card or the number or other identifying description of a debit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder. (NRS 205.690, 205.710, 205.760) Sections 1-3 of this bill clarify existing law by providing that for the purposes of these crimes, the identifying description of a credit card or debit card may be a physical or electronic description of the credit card or debit card.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 205.690 is hereby amended to read as follows:

      205.690  1.  A person who steals, takes or removes a credit card or debit card from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that a credit card or debit card has been so taken, removed or stolen receives the credit card or debit card with the intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who possesses a credit card or debit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card or debit card with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A person who has in his possession or under his control two or more credit cards or debit cards issued in the name of another person is presumed to have obtained and to possess the credit cards or debit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards or debit cards used in the regular course of the possessor’s business or employment or where the possession is with the consent of the cardholder.

 


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ê2009 Statutes of Nevada, Page 172 (Chapter 63, SB 223)ê

 

      4.  The provisions of this section do not apply to a person employed by or operating a business, including, but not limited to, a bank or other financial institution, credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying physical or electronic description of a credit card, debit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.

      5.  As used in this section:

      (a) “Credit card” includes, without limitation, the number or other identifying physical or electronic description of a credit card or credit account.

      (b) “Debit card” includes, without limitation, the number or other identifying physical or electronic description of a debit card.

      Sec. 2.  NRS 205.710 is hereby amended to read as follows:

      205.710  1.  A person, except the issuer, who:

      (a) Sells a credit card or debit card or the number or other identifying physical or electronic description of a credit card, debit card or credit account; or

      (b) Buys a credit card, debit card or the number or other identifying physical or electronic description of a credit card, debit card or credit account from a person other than the issuer,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  The provisions of this section do not apply to a person employed by or operating a business, including, but not limited to, a bank or other financial institution, credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying physical or electronic description of a credit card, debit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.

      Sec. 3.  NRS 205.760 is hereby amended to read as follows:

      205.760  1.  Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud:

      (a) Uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where the person knows the credit card or debit card is forged or is the expired or revoked credit card or debit card of another;

      (b) Uses the number or other identifying physical or electronic description of a credit account, customarily evidenced by a credit card or the number or other identifying physical or electronic description of a debit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or

      (c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where the card has not in fact been issued,

 


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ê2009 Statutes of Nevada, Page 173 (Chapter 63, SB 223)ê

 

Ê is guilty of a public offense and shall be punished for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud, uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was issued in his name and which he knows is revoked or expired, or when he knows he does not have sufficient money or property with which to pay for the extension of credit or to cover the debit from the account linked to his debit card, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:

      (a) One hundred dollars or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      (b) Less than $100, for a misdemeanor.

      3.  A person is presumed to have knowledge of the revocation of a credit card or debit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or debit card or at his last known address. If the address is more than 500 miles from the place of mailing, notice must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice may be presumed to have been received 10 days after the mailing.

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ê2009 Statutes of Nevada, Page 174ê

 

CHAPTER 64, SB 314

Senate Bill No. 314–Senators Mathews; Amodei, Horsford, Lee, Townsend and Wiener

 

Joint Sponsors: Assemblymen Hardy; Anderson, Carpenter, Grady and Ohrenschall

 

CHAPTER 64

 

AN ACT relating to powers of attorney; adopting the Uniform Power of Attorney Act; and providing other matters properly relating thereto.

 

[Approved: May 11, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for the use of powers of attorney for various purposes, including for conveyances of property and for making decisions relating to health care. (NRS 111.450, 111.460, 111.470, 449.800-449.860) This bill repeals those existing provisions of law relating to powers of attorney and enacts the Uniform Power of Attorney Act, which was promulgated by the National Conference of Commissioners on Uniform State Laws in 2006.

      Pursuant to the Act, a power of attorney may grant authority to an agent to act for a principal in a variety of matters relating to finance, real property, tangible personal property, stocks and bonds, banks and other financial institutions, business operations, insurance and annuities, estates, trusts and other beneficial interests, claims and litigation, personal and family maintenance, benefits from governmental programs or civil or military service, taxes and gifts. According to the National Conference of Commissioners on Uniform State Laws, the Uniform Act is intended to: (1) preserve the effectiveness of a durable power of attorney as a low-cost, flexible and private form of surrogate decision-making; (2) include mandatory safeguards for the protection of the principal, the agent and persons who are asked to rely on the agent’s authority; (3) modernize the various areas of authority that may be granted to an agent and require authorization by the principal in express language where certain authority could dissipate the principal’s property or alter the principal’s estate plan; (4) establish an optional statutory form; (5) offer more clear guidelines for an agent to follow; (6) provide ways for the agent to give notice of resignation if the principal is incapacitated; (7) encourage acceptance of a power of attorney by third parties; and (8) enhance the usefulness of a durable power of attorney, while at the same time protecting the principal, the agent and those who deal with the agent.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 13 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 75, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 17, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgments.

      Sec. 4.  “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise.

 


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attorney-in-fact or otherwise. The term includes an original agent, co-agent, successor agent and a person to which an agent’s authority is delegated.

      Sec. 5.  “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.

      Sec. 6.  “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      Sec. 7.  “Good faith” means honesty in fact.

      Sec. 8.  “Incapacity” means the inability of an individual to manage property or business affairs because the individual:

      1.  Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

      2.  Is:

      (a) Missing;

      (b) Detained, including incarcerated in a penal system; or

      (c) Outside the United States and unable to return.

      Sec. 9.  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

      Sec. 10.  “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.

      Sec. 11.  “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.

      Sec. 12.  “Principal” means an individual who grants authority to an agent in a power of attorney.

      Sec. 13.  “Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.

      Sec. 14.  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 15.  “Sign” means, with present intent to authenticate or adopt a record:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the record an electronic sound, symbol or process.

      Sec. 16.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 17.  “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly or indirectly, or in any other manner.

 


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directly or indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.

      Sec. 18.  Sections 18 to 56, inclusive, of this act apply to all powers of attorney except:

      1.  A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

      2.  A power to make health care decisions;

      3.  A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and

      4.  A power created on a form prescribed by a government or a governmental subdivision, agency or instrumentality for a governmental purpose.

      Sec. 19.  A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.

      Sec. 20.  1.  A power of attorney must be signed by the principal or, in the principal’s conscious presence, by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

      2.  If the principal resides in a hospital, assisted living facility or facility for skilled nursing at the time of execution of the power of attorney, a certification of competency of the principal from a physician, psychologist or psychiatrist must be attached to the power of attorney.

      3.  As used in this section:

      (a) “Assisted living facility” has the meaning ascribed to it in NRS 422.2708.

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

      (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 21.  1.  A power of attorney executed in this State on or after October 1, 2009, is valid if its execution complies with section 20 of this act.

      2.  A power of attorney executed in this State before October 1, 2009, is valid if its execution complied with the law of this State as it existed at the time of execution.

      3.  A power of attorney executed other than in this State is valid in this State if, when the power of attorney was executed, the execution complied with:

      (a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 22 of this act; or

      (b) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.

      4.  Except as otherwise provided by specific statute other than the provisions of this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original power of attorney. An agent shall furnish an affidavit to a third party on demand stating that the instrument relied on is a true copy of the power of attorney and that, to the best of the agent’s knowledge, the principal is alive and the relevant powers of the agent have not been altered or terminated.

 


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and that, to the best of the agent’s knowledge, the principal is alive and the relevant powers of the agent have not been altered or terminated.

      Sec. 22.  The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

      Sec. 23.  1.  In a power of attorney, a principal may nominate a guardian of the principal’s estate for consideration by the court if guardianship proceedings for the principal’s estate or person are begun after the principal executes the power of attorney.

      2.  If, after a principal executes a power of attorney, a court appoints a guardian of the principal’s estate, the power of attorney is terminated.

      Sec. 24.  1.  A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

      2.  If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

      3.  If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by a physician, psychiatrist or licensed psychologist that the principal is incapacitated.

      4.  A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, to obtain a determination of incapacity.

      Sec. 25.  1.  A power of attorney terminates when:

      (a) The principal dies;

      (b) The principal becomes incapacitated, if the power of attorney is not durable;

      (c) The principal revokes the power of attorney;

      (d) The power of attorney provides that it terminates;

      (e) The limited purpose of the power of attorney is accomplished; or

      (f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

      2.  An agent’s authority terminates when:

      (a) The principal revokes the authority;

      (b) The agent dies, becomes incapacitated or resigns;

      (c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or

      (d) The power of attorney terminates.

      3.  Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.

 


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      4.  Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

      5.  Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

      6.  The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

      Sec. 26.  1.  A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.

      2.  A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office or function. Unless the power of attorney otherwise provides, a successor agent:

      (a) Has the same authority as that granted to the original agent; and

      (b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.

      3.  Except as otherwise provided in subsection 4 and in the power of attorney, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

      4.  An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.

      Sec. 27.  Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.

      Sec. 28.  Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

      Sec. 29.  1.  Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:

      (a) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest;

      (b) Act in good faith; and

 


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      (c) Act only within the scope of authority granted in the power of attorney.

      2.  Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

      (a) Act loyally for the principal’s benefit;

      (b) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;

      (c) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances;

      (d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;

      (e) Cooperate with a person that has authority to make health care decisions for the principal; and

      (f) Attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:

            (1) The value and nature of the principal’s property;

            (2) The principal’s foreseeable obligations and need for maintenance;

            (3) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer and gift taxes; and

            (4) Eligibility for a benefit, a program or assistance under a statute or regulation.

      3.  An agent that acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan.

      4.  An agent that acts with care, competence and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

      5.  If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence and diligence under the circumstances.

      6.  Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines.

      7.  An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment or default of that person if the agent exercises care, competence and diligence in selecting and monitoring the person.

      8.  Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements or transactions conducted on behalf of the principal unless ordered by a court, or requested by the principal, a guardian or other fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.

 


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      Sec. 30.  A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest, except to the extent the provision:

      1.  Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

      2.  Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

      Sec. 31.  1.  The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief:

      (a) The principal or the agent;

      (b) A guardian or other fiduciary acting for the principal;

      (c) A person authorized to make health care decisions for the principal;

      (d) The principal’s spouse, parent or descendant;

      (e) An individual who would qualify as a presumptive heir of the principal;

      (f) A person named as a beneficiary to receive any property, benefit or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;

      (g) A governmental agency having regulatory authority to protect the welfare of the principal;

      (h) A person asked to accept the power of attorney; or

      (i) The principal’s caregiver or another person who demonstrates sufficient interest in the principal’s welfare.

      2.  Upon motion by the principal, the court shall dismiss a petition filed under this section, unless:

      (a) The court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney; or

      (b) A governmental agency has asserted abuse by the agent regarding the agent’s actions under the power of attorney.

      Sec. 32.  An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to:

      1.  Restore the value of the principal’s property to what it would have been had the violation not occurred; and

      2.  Reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid on the agent’s behalf.

      Sec. 33.  Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:

      1.  To a co-agent or successor agent; or

      2.  If there is no person described in subsection 1, to:

      (a) The principal’s spouse, parent or descendant;

      (b) The principal’s caregiver;

      (c) Another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or

      (d) A governmental agency having authority to protect the welfare of the principal.

 


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      Sec. 34.  1.  A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 20 of this act that the signature is genuine.

      2.  A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent’s authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.

      3.  A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:

      (a) An agent’s certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;

      (b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

      (c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

      4.  An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense unless the request is made more than 10 business days after the power of attorney is presented for acceptance. If the request is made more than 10 business days after presentation of the power of attorney, the party requesting the translation shall pay for the translation.

      5.  For purposes of this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

      Sec. 35.  1.  Except as otherwise provided in subsection 2:

      (a) A person shall either accept an acknowledged power of attorney, or request a certification, a translation or an opinion of counsel pursuant to section 34 of this act, not later than 10 business days after presentation of the power of attorney for acceptance;

      (b) If a person requests a certification, a translation or an opinion of counsel pursuant to section 34 of this act, the person shall accept the power of attorney not later than 5 business days after receipt of the certification, translation or opinion of counsel; and

      (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

      2.  A person is not required to accept an acknowledged power of attorney if:

      (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

      (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;

      (c) The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power;

 


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      (d) A request for a certification, a translation or an opinion of counsel pursuant to section 34 of this act is refused;

      (e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel has been requested or provided pursuant to section 34 of this act; or

      (f) The person makes, or has actual knowledge that another person has made, a report pursuant to NRS 200.5093 stating a good faith belief that the principal may be subject to abuse, neglect, exploitation or isolation by the agent or a person acting for or with the agent.

      3.  A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:

      (a) A court order mandating acceptance of the power of attorney; and

      (b) Liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

      Sec. 36.  Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

      Sec. 37.  This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.

      Sec. 38.  The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the laws of this State other than this chapter.

      Sec. 39.  1.  An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

      (a) Create, amend, revoke or terminate an inter vivos trust;

      (b) Make a gift;

      (c) Create or change rights of survivorship;

      (d) Create or change a beneficiary designation;

      (e) Delegate authority granted under the power of attorney;

      (f) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;

      (g) Exercise fiduciary powers that the principal has authority to delegate; or

      (h) Disclaim property, including a power of appointment.

      2.  Notwithstanding a grant of authority to do an act described in subsection 1, unless the power of attorney otherwise provides, an agent that is not a spouse of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.

      Sec. 40.  1.  Except as otherwise provided in section 39 of this act, if a power of attorney grants to an agent authority to do all acts that a principal could do or refers to general authority or cites a section of this chapter in which the authority is described, the agent has the general authority described in this chapter.

 


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      2.  A reference in a power of attorney to any part of a section in this chapter incorporates the entire section as if it were set out in full in the power of attorney.

      3.  A principal may modify authority incorporated by reference.

      4.  Except as otherwise provided in section 39 of this act, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

      5.  Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this State and whether or not the authority is exercised or the power of attorney is executed in this State.

      6.  An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.

      Sec. 41.  Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in this chapter or that grants to an agent authority to do all acts that a principal could do pursuant to this chapter, a principal authorizes the agent to:

      1.  Demand, receive and obtain, by litigation or otherwise, money or another thing of value to which the principal is, may become or claims to be entitled, and conserve, invest, disburse or use anything so received or obtained for the purposes intended;

      2.  Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release or modify the contract or another contract made by or on behalf of the principal;

      3.  Execute, acknowledge, seal, deliver, file or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to the power of attorney;

      4.  Initiate, participate in, submit to alternative dispute resolution, settle, oppose, propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

      5.  Seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;

      6.  Engage, compensate and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor;

      7.  Prepare, execute and file a record, report or other document to safeguard or promote the principal’s interest under a statute or regulation;

      8.  Communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality on behalf of the principal;

      9.  Access communications intended for, and communicate on behalf of, the principal, whether by mail, electronic transmission, telephone or other means; and

      10.  Do any lawful act with respect to the subject and all property related to the subject.

 


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      Sec. 42.  1.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes:

      (a) The agent to demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;

      (b) The agent to:

            (1) Sell;

            (2) Exchange;

            (3) Convey with or without covenants, representations or warranties;

            (4) Quitclaim;

            (5) Release;

            (6) Surrender;

            (7) Retain title for security;

            (8) Encumber;

            (9) Partition;

            (10) Consent to partitioning;

            (11) Subject to an easement or covenant;

            (12) Subdivide;

            (13) Apply for zoning or other governmental permits;

            (14) Plat or consent to platting;

            (15) Develop;

            (16) Grant an option concerning;

            (17) Lease;

            (18) Sublease;

            (19) Contribute to an entity in exchange for an interest in that entity; or

            (20) Otherwise grant or dispose of,

Ê an interest in real property or a right incident to real property;

      (c) The agent to pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

      (d) The agent to release, assign, satisfy or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien or other claim to real property which exists or is asserted;

      (e) The agent to manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:

            (1) Insuring against liability or casualty or other loss;

            (2) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;

            (3) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with them; and

            (4) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;

      (f) Use, develop, alter, replace, remove, erect or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;

 


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      (g) The agent to participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:

            (1) Selling or otherwise disposing of them;

            (2) Exercising or selling an option, right of conversion or similar right with respect to them; and

            (3) Exercising any voting rights in person or by proxy;

      (h) The agent to change the form of title of an interest in or right incident to real property; and

      (i) The agent to dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.

      2.  Every power of attorney, or other instrument in writing, containing the power to convey any real property as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any conveyance whereby any real property is conveyed, or may be affected, must be recorded as other conveyances whereby real property is conveyed or affected are required to be recorded.

      3.  No such power of attorney or other instrument, recorded in the manner prescribed in subsection 2, shall be deemed to be revoked by any act of the principal, until the instrument containing such revocation is deposited for record in the same office in which the instrument containing the power is recorded.

      Sec. 43.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes:

      1.  The agent to demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;

      2.  The agent to:

      (a) Sell;

      (b) Exchange;

      (c) Convey with or without covenants, representations or warranties;

      (d) Quitclaim;

      (e) Release;

      (f) Surrender;

      (g) Create a security interest in;

      (h) Grant options concerning;

      (i) Lease;

      (j) Sublease; or

      (k) Otherwise dispose of,

Ê tangible personal property or an interest in tangible personal property;

      3.  The agent to grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

      4.  The agent to release, assign, satisfy or enforce by litigation or otherwise, a security interest, lien or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;

 


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ê2009 Statutes of Nevada, Page 186 (Chapter 64, SB 314)ê

 

      5.  The agent to manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:

      (a) Insuring against liability or casualty or other loss;

      (b) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;

      (c) Paying, assessing, compromising or contesting taxes or assessments, or applying for and receiving refunds in connection with taxes or assessments;

      (d) Moving the property from place to place;

      (e) Storing the property for hire or on a gratuitous bailment; and

      (f) Using and making repairs, alterations or improvements to the property; and

      6.  The agent to change the form of title of an interest in tangible personal property.

      Sec. 44.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:

      1.  Buy, sell and exchange stocks and bonds;

      2.  Establish, continue, modify or terminate an account with respect to stocks and bonds;

      3.  Pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal;

      4.  Receive certificates and other evidences of ownership with respect to stocks and bonds; and

      5.  Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts and consent to limitations on the right to vote.

      Sec. 45.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:

      1.  Buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and

      2.  Establish, continue, modify and terminate option accounts.

      Sec. 46.  1.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:

      (a) Continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal;

      (b) Establish, modify and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm or other financial institution selected by the agent;

      (c) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;

      (d) Withdraw, by check, order, electronic funds transfer or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;

      (e) Receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them;

      (f) Enter a safe deposit box or vault and withdraw or add to the contents;

 


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ê2009 Statutes of Nevada, Page 187 (Chapter 64, SB 314)ê

 

      (g) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

      (h) Make, assign, draw, endorse, discount, guarantee and negotiate promissory notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;

      (i) Receive for the principal and act upon a sight draft, warehouse receipt or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;

      (j) Apply for, receive and use letters of credit, credit and debit cards, electronic transaction authorizations and traveler’s checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and

      (k) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.

      2.  An agent who is not the spouse of the principal must not be listed on any account as a cosigner with right of survivorship, but must be listed on the account solely as power of attorney.

      Sec. 47.  Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:

      1.  Operate, buy, sell, enlarge, reduce or terminate an ownership interest.

      2.  Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege or option that the principal has, may have or claims to have.

      3.  Enforce the terms of an ownership agreement.

      4.  Initiate, participate in, submit to alternative dispute resolution, settle, oppose, propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest.

      5.  Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege or option the principal has or claims to have as the holder of stocks and bonds.

      6.  Initiate, participate in, submit to alternative dispute resolution, settle, oppose, propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds.

      7.  With respect to an entity or business owned solely by the principal:

      (a) Continue, modify, renegotiate, extend and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;

      (b) Determine:

            (1) The location of its operation;

            (2) The nature and extent of its business;

            (3) The methods of manufacturing, selling, merchandising, financing, accounting and advertising employed in its operation;

            (4) The amount and types of insurance carried; and

 


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ê2009 Statutes of Nevada, Page 188 (Chapter 64, SB 314)ê

 

            (5) The mode of engaging, compensating and dealing with its employees and accountants, attorneys or other advisors;

      (c) Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

      (d) Demand and receive money due or claimed by the principal or on the principal’s behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business.

      8.  Put additional capital into an entity or business in which the principal has an interest.

      9.  Join in a plan of reorganization, consolidation, conversion, domestication or merger of the entity or business.

      10.  Sell or liquidate all or part of an entity or business.

      11.  Establish the value of an entity or business under a buy-out agreement to which the principal is a party.

      12.  Prepare, sign, file and deliver reports, compilations of information, returns or other papers with respect to an entity or business and make related payments.

      13.  Pay, compromise or contest taxes, assessments, fines or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines or penalties with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.

      Sec. 48.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:

      1.  Continue, pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;

      2.  Procure new, different and additional contracts of insurance and annuities for the principal and the principal’s spouse, children and other dependents, select the amount, type of insurance or annuity, and mode of payment and name one or more beneficiaries in accordance with the principal’s established estate plan and any restrictions to designate beneficiaries contained within the power of attorney;

      3.  Pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract of insurance or annuity procured by the agent;

      4.  Apply for and receive a loan secured by a contract of insurance or annuity;

      5.  Surrender and receive the cash surrender value on a contract of insurance or annuity;

      6.  Exercise an election;

      7.  Exercise investment powers available under a contract of insurance or annuity;

      8.  Change the manner of paying premiums on a contract of insurance or annuity;

 


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ê2009 Statutes of Nevada, Page 189 (Chapter 64, SB 314)ê

 

      9.  Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;

      10.  Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;

      11.  Collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity;

      12.  Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and

      13.  Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.

      Sec. 49.  1.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts and other beneficial interests authorizes the agent to:

      (a) Accept, receive, receipt for, sell, assign, pledge or exchange a share in or payment from the fund;

      (b) Demand or obtain money or another thing of value to which the principal is, may become or claims to be entitled by reason of the fund, by litigation or otherwise;

      (c) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;

      (d) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, propose or accept a compromise with respect to litigation to ascertain the meaning, validity or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;

      (e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, propose or accept a compromise with respect to litigation to remove, substitute or surcharge a fiduciary;

      (f) Conserve, invest, disburse or use anything received for an authorized purpose; and

      (g) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities and other property to the trustee of a revocable trust created by the principal as settlor or grantor.

      2.  As used in this section, “estates, trusts and other beneficial interests” means a trust, probate estate, escrow, custodianship or fund from which the principal is, may become or claims to be entitled to a share or payment.

      Sec. 50.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

      1.  Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance or other relief;

      2.  Bring an action to determine adverse claims or intervene or otherwise participate in litigation;

 


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ê2009 Statutes of Nevada, Page 190 (Chapter 64, SB 314)ê

 

      3.  Seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree;

      4.  Make or accept a tender, offer of judgment or admission of facts, submit a controversy on an agreed statement of facts, consent to examination and bind the principal in litigation;

      5.  Submit to alternative dispute resolution, settle, and propose or accept a compromise;

      6.  Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, and receive, execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation;

      7.  Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;

      8.  Pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and

      9.  Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.

      Sec. 51.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to perform the acts necessary to maintain the customary standard of living of the principal, including, but not limited to, authorizing the agent to:

      1.  Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;

      2.  Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the principal;

      3.  Pay expenses for necessary health care and custodial care on behalf of the principal;

      4.  Act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, in making decisions related to the past, present or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this State to consent to health care on behalf of the principal;

      5.  Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring and replacing them;

      6.  Maintain credit and debit accounts for the convenience of the principal and open new accounts; and

 


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ê2009 Statutes of Nevada, Page 191 (Chapter 64, SB 314)ê

 

      7.  Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order or other organization or to continue contributions to those organizations.

      Sec. 52.  1.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

      (a) Enroll in, apply for, select, reject, change, amend or discontinue, on the principal’s behalf, a benefit or program;

      (b) Prepare, file and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;

      (c) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation;

      (d) Receive the financial proceeds of a claim, and conserve, invest, disburse or use for a lawful purpose anything so received;

      (e) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation and for shipment of household effects; and

      (f) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for that purpose.

      2.  As used in this section, “benefits from governmental programs or civil or military service” means any benefit, program or assistance provided under a statute or regulation including Social Security, Medicare and Medicaid.

      Sec. 53.  1.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:

      (a) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

      (b) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;

      (c) Establish a retirement plan in the principal’s name and name one or more beneficiaries in accordance with the principal’s established estate plan and any restrictions to designate beneficiaries contained within the power of attorney;

      (d) Make contributions to a retirement plan;

      (e) Exercise investment powers available under a retirement plan; and

      (f) Borrow from, sell assets to or purchase assets from a retirement plan.

      2.  As used in this section, “retirement plan” means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the following sections of the Internal Revenue Code:

 


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ê2009 Statutes of Nevada, Page 192 (Chapter 64, SB 314)ê

 

      (a) An individual retirement account under section 408 of the Internal Revenue Code, 26 U.S.C. § 408, as amended;

      (b) A Roth individual retirement account under section 408A of the Internal Revenue Code, 26 U.S.C. § 408A, as amended;

      (c) A deemed individual retirement account under section 408(q) of the Internal Revenue Code, 26 U.S.C. § 408(q), as amended;

      (d) An annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code, 26 U.S.C. § 403(b), as amended;

      (e) A pension, profit-sharing, stock bonus or other retirement plan qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a), as amended;

      (f) A plan under section 457(b) of the Internal Revenue Code, 26 U.S.C. § 457(b), as amended; and

      (g) A nonqualified deferred compensation plan under section 409A of the Internal Revenue Code, 26 U.S.C. § 409A, as amended.

      Sec. 54.  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

      1.  Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Contributions Act and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under section 2032A of the Internal Revenue Code, 26 U.S.C. § 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;

      2.  Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;

      3.  Exercise any election available to the principal under federal, state, local or foreign tax law; and

      4.  Act for the principal in all tax matters for all periods before the Internal Revenue Service or other taxing authority.

      Sec. 55.  1.  Unless the power of attorney otherwise provides, an agent has no authority to make a gift to any party on behalf of the principal.

      2.  If the power of attorney grants the agent the authority to make gifts, the agent may:

      (a) Make outright to, or for the benefit of, a person, a gift of any of the principal’s property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under section 2503(b) of the Internal Revenue Code, 26 U.S.C. § 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift or, if the principal’s spouse agrees to consent to a split gift pursuant to section 2513 of the Internal Revenue Code, 26 U.S.C. § 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and

 


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ê2009 Statutes of Nevada, Page 193 (Chapter 64, SB 314)ê

 

      (b) Consent, pursuant to section 2513 of the Internal Revenue Code, 26 U.S.C. § 2513, as amended, to the splitting of a gift made by the principal’s spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

      3.  An agent may make a gift of the principal’s property only as the agent determines is consistent with the principal’s objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal’s best interest based on all relevant factors, including:

      (a) The value and nature of the principal’s property;

      (b) The principal’s foreseeable obligations and need for maintenance;

      (c) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer and gift taxes;

      (d) Eligibility for a benefit, a program or assistance under a statute or regulation; and

      (e) The principal’s personal history of making or joining in making gifts.

      4.  As used in this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code, 26 U.S.C. § 529, as amended.

      Sec. 56.  A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter:

 

STATUTORY FORM POWER OF ATTORNEY

 

      THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

      1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU. YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY) WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF.

      2.  THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

      3.  THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH CARE DECISIONS FOR YOU.

      4.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

      5.  YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT’S AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.

 


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ê2009 Statutes of Nevada, Page 194 (Chapter 64, SB 314)ê

 

      6.  YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

      7.  THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A CO-AGENT IN THE SPECIAL INSTRUCTIONS. CO-AGENTS ARE NOT REQUIRED TO ACT TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL INSTRUCTIONS.

      8.  If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

      9.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT.

      10.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY.

      11.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

      1.  DESIGNATION OF AGENT.

      I, ...................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ....................................................................................................

Address: ................................................................................................

Telephone Number: ............................................................................

 

as my agent to make decisions for me and in my name, place and stead and for my use and benefit and to exercise the powers as authorized in this document.

      2.  DESIGNATION OF ALTERNATE AGENT.

      (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same decisions as the agent designated above in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

      If my agent is unable or unwilling to act for me, then I designate the following person(s) to serve as my agent as authorized in this document, such person(s) to serve in the order listed below:

 

      A.  First Alternative Agent

Name:...................................................................................

Address:...............................................................................

Telephone Number:...........................................................

 

      B.  Second Alternative Agent

Name:...................................................................................

Address:...............................................................................

Telephone Number:...........................................................

 


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ê2009 Statutes of Nevada, Page 195 (Chapter 64, SB 314)ê

 

      3.  OTHER POWERS OF ATTORNEY.

      This Power of Attorney is intended to, and does, revoke any prior Power of Attorney for financial matters I have previously executed.

      4.  NOMINATION OF GUARDIAN.

      If, after execution of this Power of Attorney, incompetency proceedings are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

      5.  GRANT OF GENERAL AUTHORITY.

      I grant my agent and any successor agent(s) general authority to act for me with respect to the following subjects:

 

(INITIAL each subject you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may initial “All Preceding Subjects” instead of initialing each subject.)

 

[.....]  Real Property

[.....]  Tangible Personal Property

[.....]  Stocks and Bonds

[.....]  Commodities and Options

[.....]  Banks and Other Financial Institutions

[.....]  Safe Deposit Boxes

[.....]  Operation of Entity or Business

[.....]  Insurance and Annuities

[.....]  Estates, Trusts and Other Beneficial Interests

[.....]  Legal Affairs, Claims and Litigation

[.....]  Personal Maintenance

[.....]  Benefits from Governmental Programs or Civil or Military Service

[.....]  Retirement Plans

[.....]  Taxes

[.....]  All Preceding Subjects

 

      6.  GRANT OF SPECIFIC AUTHORITY.

      My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

 

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

 

[.....]  Create, amend, revoke or terminate an inter vivos, family, living, irrevocable or revocable trust

[.....]  Make a gift, subject to the limitations of NRS and any special instructions in this Power of Attorney

[.....]  Create or change rights of survivorship

[.....]  Create or change a beneficiary designation

[.....]  Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

[.....]  Exercise fiduciary powers that the principal has authority to delegate

 


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ê2009 Statutes of Nevada, Page 196 (Chapter 64, SB 314)ê

 

[.....]  Disclaim or refuse an interest in property, including a power of appointment

 

      7.  LIMITATION ON AGENT’S AUTHORITY.

      An agent that is not my spouse MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

      8.  SPECIAL INSTRUCTIONS OR OTHER OR ADDITIONAL AUTHORITY GRANTED TO AGENT:

.............................................................................................................................

.............................................................................................................................

.............................................................................................................................

.............................................................................................................................

      9.  DURABILITY AND EFFECTIVE DATE.  (INITIAL the clause(s) that applies.)

 

[.....]  DURABLE.  This Power of Attorney shall not be affected by my subsequent disability or incapacity.

[.....]  SPRINGING POWER.  It is my intention and direction that my designated agent, and any person or entity that my designated agent may transact business with on my behalf, may rely on a written medical opinion issued by a licensed medical doctor stating that I am disabled or incapacitated, and incapable of managing my affairs, and that said medical opinion shall establish whether or not I am under a disability for the purpose of establishing the authority of my designated agent to act in accordance with this Power of Attorney.

[.....]  I wish to have this Power of Attorney become effective on the following date: .....

[.....]  I wish to have this Power of Attorney end on the following date: .....

      10.  THIRD PARTY PROTECTION.

      Third parties may rely upon the validity of this Power of Attorney or a copy and the representations of my agent as to all matters relating to any power granted to my agent, and no person or agency who relies upon the representation of my agent, or the authority granted by my agent, shall incur any liability to me or my estate as a result of permitting my agent to exercise any power unless a third party knows or has reason to know this Power of Attorney has terminated or is invalid.

      11.  RELEASE OF INFORMATION.

      I agree to, authorize and allow full release of information, by any government agency, business, creditor or third party who may have information pertaining to my assets or income, to my agent named herein.

      12.  SIGNATURE AND ACKNOWLEDGMENT.  YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS IT IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC.

 

      I sign my name to this Power of Attorney for Health Care on

…….........………. (date)         at ....…….…….........…. (city), ...…....….............. (state)

                                                      ...........................................................

                                                                           (Signature)

 


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ê2009 Statutes of Nevada, Page 197 (Chapter 64, SB 314)ê

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                                              }

                                                                          }ss.

County of........................................................ }

 

      On this .......... day of .........., in the year ....., before me, ............................... (here insert name of notary public) personally appeared .............................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 

NOTARY SEAL                                .................................................................

                                                                    (Signature of Notary Public)

 

IMPORTANT INFORMATION FOR AGENT

      1.  Agent’s Duties.  When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must:

      (a) Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

      (b) Act in good faith;

      (c) Do nothing beyond the authority granted in this Power of Attorney; and

      (d) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

(Principal’s Name) by (Your Signature) as Agent

      2.  Unless the Special Instructions in this Power of Attorney state otherwise, you must also:

      (a) Act loyally for the principal’s benefit;

      (b) Avoid conflicts that would impair your ability to act in the principal’s best interest;

      (c) Act with care, competence, and diligence;

      (d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;

      (e) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

 


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ê2009 Statutes of Nevada, Page 198 (Chapter 64, SB 314)ê

 

      (f) Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

      3.  Termination of Agent’s Authority.  You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include:

      (a) Death of the principal;

      (b) The principal’s revocation of the Power of Attorney or your authority;

      (c) The occurrence of a termination event stated in the Power of Attorney;

      (d) The purpose of the Power of Attorney is fully accomplished; or

      (e) If you are married to the principal, your marriage is dissolved.

      4.  Liability of Agent.  The meaning of the authority granted to you is defined in this chapter. If you violate this chapter or act outside the authority granted in this Power of Attorney, you may be liable for any damages caused by your violation.

      5.  If there is anything about this document or your duties that you do not understand, you should seek legal advice.

      Sec. 57.  Sections 57 to 73, inclusive, of this act apply to any power of attorney containing the authority to make health care decisions.

      Sec. 58.  As used in sections 57 to 73, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 59 to 65, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 59.  “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient.

      Sec. 60.  “Declaration” means a writing executed in accordance with the requirements of NRS 449.600.

      Sec. 61.  “Health care facility” includes:

      1.  Any medical facility; and

      2.  Any facility for the dependent.

      Sec. 62.  “Life-sustaining treatment” means a medical procedure or intervention that, when administered to a patient, serves only to prolong the process of dying.

      Sec. 63.  “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 64.  “Qualified patient” means a patient, 18 years of age or older, who has executed a declaration and who has been determined by the attending physician to be in a terminal condition.

      Sec. 65.  “Terminal condition” means an incurable and irreversible condition that cannot be cured or modified by any known current medical therapy or treatment, and which, without the administration of life-sustaining treatment, will in the opinion of the attending physician result in death within a relatively short time period.

      Sec. 66.  1.  Any adult person may execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for the principal if that principal becomes incapable of giving informed consent concerning such decisions.

 


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ê2009 Statutes of Nevada, Page 199 (Chapter 64, SB 314)ê

 

      2.  A power of attorney for health care must be signed by the principal. The principal’s signature on the power of attorney for health care must be:

      (a) Acknowledged before a notary public; or

      (b) Witnessed by two adult witnesses who know the principal personally.

      3.  Neither of the witnesses to a principal’s signature may be:

      (a) A provider of health care;

      (b) An employee of a provider of health care;

      (c) An operator of a health care facility;

      (d) An employee of a health care facility; or

      (e) The agent.

      4.  At least one of the witnesses to a principal’s signature must be a person who is:

      (a) Not related to the principal by blood, marriage or adoption; and

      (b) To the best of the witnesses’ knowledge, not entitled to any part of the estate of the principal upon the death of the principal.

      Sec. 67.  1.  In a power of attorney for health care, a principal may nominate a guardian of the principal’s person for consideration by the court if guardianship proceedings for the principal’s person are begun after the principal executes the power of attorney.

      2.  If, after a principal executes a power of attorney for health care, a court appoints a guardian of the principal’s person, the power of attorney is terminated. The guardian shall follow any provisions contained in the power of attorney for health care delineating the principal’s wishes for medical and end-of-life care.

      Sec. 68.  1.  A power of attorney for health care is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon incapacity.

      2.  If a power of attorney for health care becomes effective upon the principal’s incapacity, the power of attorney becomes effective upon a determination in a writing or other record by a physician, psychiatrist or licensed psychologist that the principal is incapacitated.

      3.  An agent named in the power of attorney for health care may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, to obtain a determination of incapacity.

      Sec. 69.  1.  A power of attorney for health care terminates when:

      (a) The principal dies;

      (b) The principal revokes the power of attorney;

      (c) The power of attorney includes a termination date; or

      (d) The principal revokes the agent’s authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

      2.  An agent’s authority under a power of attorney for health care terminates when:

      (a) The principal revokes the authority;

      (b) The agent dies, becomes incapacitated or resigns;

      (c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal, unless the power of attorney otherwise provides; or

 


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ê2009 Statutes of Nevada, Page 200 (Chapter 64, SB 314)ê

 

      (d) The power of attorney includes a termination date.

      3.  Unless the power of attorney for health care otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.

      4.  Termination of an agent’s authority or of a power of attorney for health care is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

      5.  An execution of a power of attorney for health care automatically revokes any previous power of attorney to make health care decisions.

      6.  If a power of attorney for health care terminates while the principal is unable to make decisions concerning health care, the power of attorney for health care remains valid until the principal is again able to make such decisions.

      Sec. 70.  1.  A principal may designate two or more persons to act as co-agents. Unless the power of attorney for health care otherwise provides, each co-agent may exercise its authority independently.

      2.  A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. Unless the power of attorney for health care otherwise provides, a successor agent:

      (a) Has the same authority as that granted to the original agent; and

      (b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.

      Sec. 71.  1.  Except as otherwise provided in subsection 2, a principal may not name as agent in a power of attorney for health care:

      (a) His provider of health care;

      (b) An employee of his provider of health care;

      (c) An operator of a health care facility; or

      (d) An employee of a health care facility.

      2.  A principal may name as agent any person identified in subsection 1 if that person is the spouse, legal guardian or next of kin of the principal.

      Sec. 72.  1.  The agent may not consent to:

      (a) Commitment or placement of the principal in a facility for treatment of mental illness;

      (b) Convulsive treatment;

      (c) Psychosurgery;

      (d) Sterilization;

      (e) Abortion;

      (f) Aversive intervention, as that term is defined in NRS 449.766;

      (g) Experimental medical, biomedical or behavioral treatment, or participation in any medical, biomedical or behavioral research program; or

      (h) Any other treatment to which the principal, in the power of attorney for health care, states that the agent may not consent.

      2.  The agent must make decisions concerning the use or nonuse of life-sustaining treatment which conform to the known desires of the principal. The principal may make these desires known in the power of attorney for health care.

 


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ê2009 Statutes of Nevada, Page 201 (Chapter 64, SB 314)ê

 

      Sec. 73.  The form of a power of attorney for health care must be substantially as follows:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

      THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

      1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

      2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

      3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

      4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

      5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

      6.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

 


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ê2009 Statutes of Nevada, Page 202 (Chapter 64, SB 314)ê

 

      7.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

      8.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

      9.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

      10.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

      1.  DESIGNATION OF HEALTH CARE AGENT.

      I, ...................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ....................................................................................................

Address: ................................................................................................

Telephone Number: ............................................................................

 

as my agent to make health care decisions for me as authorized in this document.

      (Insert the name and address of the person you wish to designate as your agent to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

      2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

      By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

      3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

      In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the agent named above full power and authority: to make health care decisions for me before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

 


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ê2009 Statutes of Nevada, Page 203 (Chapter 64, SB 314)ê

 

including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

      4.  SPECIAL PROVISIONS AND LIMITATIONS.

      (Your agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization or abortion. If there are any other types of treatment or placement that you do not want your agent’s authority to give consent for or other restrictions you wish to place on his or her agent’s authority, you should list them in the space below. If you do not write any limitations, your agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

      In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

.............................................................................................................................

.............................................................................................................................

.............................................................................................................................

.............................................................................................................................

      5.  DURATION.

      I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent will continue to exist until the time when I become able to make health care decisions for myself.

 

(IF APPLICABLE)

I wish to have this power of attorney end on the following date: ...

 

      6.  STATEMENT OF DESIRES.

      (With respect to decisions to withhold or withdraw life-sustaining treatment, your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

 


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ê2009 Statutes of Nevada, Page 204 (Chapter 64, SB 314)ê

 

(If the statement

reflects your desires,

initial the box next to

the statement.)

 

      1.  I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures..................................... [ ]

      2.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.).............................................. [ ]

      3.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.)                                                       [.............................................. ]

      4.  Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld..................... [ ]

      5.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.                                        [.............................................. ]

 

      (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

      Other or Additional Statements of Desires:..............................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

 


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ê2009 Statutes of Nevada, Page 205 (Chapter 64, SB 314)ê

 

      7.  DESIGNATION OF ALTERNATE AGENT.

      (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

      If the person designated in paragraph 1 as my agent is unable to make health care decisions for me, then I designate the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

 

      A.  First Alternative Agent

Name: ..................................................................................

Address: ..............................................................................

Telephone Number: ..........................................................

 

      B.  Second Alternative Agent

Name: ..................................................................................

Address: ..............................................................................

Telephone Number: ..........................................................

 

      8.  PRIOR DESIGNATIONS REVOKED.

      I revoke any prior durable power of attorney for health care.

      9.  WAIVER OF CONFLICT OF INTEREST.

      If my designated agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

      10.  CHALLENGES.

      If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

      11.  NOMINATION OF GUARDIAN.

      If, after execution of this Durable Power of Attorney for Health Care, incompetency proceedings are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

      12.  RELEASE OF INFORMATION.

      I agree to, authorize and allow full release of information by any government agency, medical provider, business, creditor or third party who may have information pertaining to my health care, to my agent named herein, pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

 


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ê2009 Statutes of Nevada, Page 206 (Chapter 64, SB 314)ê

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

      I sign my name to this Durable Power of Attorney for Health Care on

…….........………. (date)         at ....…….…….........…. (city), ...…....….............. (state)

                                                      ...........................................................

                                                                           (Signature)

 

      (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                                }

                                                            }ss.

County of.......................................... }

 

      On this................ day of................, in the year..., before me,................................ (here insert name of notary public) personally appeared................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 

NOTARY SEAL                                        ............................................................

                                                                        (Signature of Notary Public)

 

STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

 


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ê2009 Statutes of Nevada, Page 207 (Chapter 64, SB 314)ê

 

      I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a community care facility or an employee of an operator of a health care facility.

 

Signature: .......................................             Residence Address: .....................

Print Name: ....................................             .........................................................

Date: ................................................             .........................................................

 

Signature: .......................................             Residence Address: .....................

Print Name: ....................................             .........................................................

Date: ................................................             .........................................................

 

      (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

      I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: ......................................................

 

Signature: ......................................................

 

--------------------------------------------------------------------------------------

Names: ............................................             Address: ........................................

Print Name: ....................................             .........................................................

Date: ................................................             .........................................................

 

COPIES:  You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

      Sec. 74.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

      Sec. 75.  This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. § 7003(b).

      Sec. 76.  NRS 200.495 is hereby amended to read as follows:

      200.495  1.  A professional caretaker who fails to provide such service, care or supervision as is reasonable and necessary to maintain the health or safety of a patient is guilty of criminal neglect of a patient if:

 


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ê2009 Statutes of Nevada, Page 208 (Chapter 64, SB 314)ê

 

      (a) The act or omission is aggravated, reckless or gross;

      (b) The act or omission is such a departure from what would be the conduct of an ordinarily prudent, careful person under the same circumstances that it is contrary to a proper regard for danger to human life or constitutes indifference to the resulting consequences;

      (c) The consequences of the negligent act or omission could have reasonably been foreseen; and

      (d) The danger to human life was not the result of inattention, mistaken judgment or misadventure, but the natural and probable result of an aggravated reckless or grossly negligent act or omission.

      2.  Unless a more severe penalty is prescribed by law for the act or omission which brings about the neglect, a person who commits criminal neglect of a patient:

      (a) If the neglect results in death, 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 20 years.

      (b) If the neglect results in substantial bodily harm, 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 by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If the neglect does not result in death or substantial bodily harm, is guilty of a gross misdemeanor.

      3.  For the purposes of this section, a patient is not neglected for the sole reason that:

      (a) According to his desire, he is being furnished with treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination. Subsection 1 does not authorize or require any medical care or treatment over the implied or express objection of such a patient.

      (b) Life-sustaining treatment was withheld or withdrawn in accordance with a valid declaration by the patient or his [attorney-in-fact] agent pursuant to [NRS 449.810.] section 66 of this act.

      4.  Upon the conviction of a person for a violation of the provisions of subsection 1, the Attorney General shall give notice of the conviction to the licensing boards which:

      (a) Licensed the facility in which the criminal neglect occurred; and

      (b) If applicable, licensed the person so convicted.

      5.  As used in this section:

      (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      (b) “Patient” means a person who resides or receives health care in a medical facility.

      (c) “Professional caretaker” means a person who:

            (1) Holds a license, registration or permit issued pursuant to title 54 or chapter 449 of NRS;

            (2) Is employed by, an agent of or under contract to perform services for, a medical facility; and

            (3) Has responsibility to provide care to patients.

Ê The term does not include a person who is not involved in the day-to-day operation or management of a medical facility unless that person has actual knowledge of the criminal neglect of a patient and takes no action to cure such neglect.

 


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ê2009 Statutes of Nevada, Page 209 (Chapter 64, SB 314)ê

 

      Sec. 77.  NRS 449.613 is hereby amended to read as follows:

      449.613  1.  A declaration that designates another person to make decisions governing the withholding or withdrawal of life-sustaining treatment may, but need not, be in the following form:

 

DECLARATION

 

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I appoint ............................... or, if he or she is not reasonably available or is unwilling to serve, .............................., to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to NRS 449.535 to 449.690, inclusive. (If the person or persons I have so appointed are not reasonably available or are unwilling to serve, I direct my attending physician, pursuant to those sections, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.)

Strike language in parentheses if you do not desire it.

 

If you wish to include this statement in this declaration, you must INITIAL the statement in the box provided:

 

      Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Initial this box if you want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld pursuant to this declaration.                           [.............................................. ]

 

Signed this ........………...... day of ..…..........., ......

 

                                                                   Signature.............................................

                                                                   Address...............................................

 

The declarant voluntarily signed this writing in my presence.

 

                                                                   Witness................................................

                                                                   Address...............................................

 

                                                                   Witness................................................

                                                                   Address...............................................

 

Name and address of each designee.

 

                                                                    Name..................................................

                                                                    Address..............................................

 


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ê2009 Statutes of Nevada, Page 210 (Chapter 64, SB 314)ê

 

      2.  The designation of an [attorney-in-fact] agent pursuant to [NRS 111.460 or 449.800 to 449.860, inclusive,] sections 2 to 75, inclusive, of this act, or the judicial appointment of a guardian, who is authorized to make decisions regarding the withholding or withdrawal of life-sustaining treatment, constitutes for the purpose of NRS 449.535 to 449.690, inclusive, a declaration designating another person to act for the declarant pursuant to subsection 1.

      Sec. 78.  NRS 449.905 is hereby amended to read as follows:

      449.905  “Advance directive” means an advance directive for health care. The term includes:

      1.  A declaration governing the withholding or withdrawal of life-sustaining treatment as set forth in NRS 449.535 to 449.690, inclusive;

      2.  A durable power of attorney for health care [decisions] as set forth in [NRS 449.800 to 449.860, inclusive;] sections 57 to 73, inclusive, of this act; and

      3.  A do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 79.  NRS 449.945 is hereby amended to read as follows:

      449.945  1.  The provisions of NRS 449.900 to 449.965, inclusive, do not require a provider of health care to inquire whether a patient has an advance directive registered on the Registry or to access the Registry to determine the terms of the advance directive.

      2.  A provider of health care who relies in good faith on the provisions of an advance directive retrieved from the Registry is immune from criminal and civil liability as set forth in:

      (a) NRS 449.630, if the advance directive is a declaration governing the withholding or withdrawal of life-sustaining treatment executed pursuant to NRS 449.535 to 449.690, inclusive, or a durable power of attorney for health care [decisions] executed pursuant to [NRS 449.800 to 449.860, inclusive;] sections 57 to 73, inclusive, of this act; or

      (b) NRS 450B.540, if the advance directive is a do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 80.  NRS 450B.440 is hereby amended to read as follows:

      450B.440  “Health care facility” has the meaning ascribed to it in [NRS 449.800.] section 61 of this act.

      Sec. 81.  NRS 450B.520 is hereby amended to read as follows:

      450B.520  Except as otherwise provided in NRS 450B.525:

      1.  A qualified patient may apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do-not-resuscitate identification, the patient must comply with the requirements prescribed by the board and sign a form which states that he has informed each member of his family within the first degree of consanguinity or affinity, whose whereabouts are known to him, or if no such members are living, his legal guardian, if any, or if he has no such members living and has no legal guardian, his caretaker, if any, of his decision to apply for an identification.

      2.  An application must include, without limitation:

      (a) Certification by the patient’s attending physician that the patient suffers from a terminal condition;

      (b) Certification by the patient’s attending physician that the patient is capable of making an informed decision or, when he was capable of making an informed decision:

 


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ê2009 Statutes of Nevada, Page 211 (Chapter 64, SB 314)ê

 

            (1) He executed:

                  (I) A written directive that life-resuscitating treatment be withheld under certain circumstances; or

                  (II) A durable power of attorney for health care [decisions] pursuant to [NRS 449.800 to 449.860, inclusive;] sections 57 to 73, inclusive, of this act; or

            (2) He was issued a do-not-resuscitate order pursuant to NRS 450B.510;

      (c) A statement that the patient does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

      (d) The name, signature and telephone number of the patient’s attending physician; and

      (e) The name and signature of the patient or the [attorney-in-fact or] agent who is authorized to make health care decisions on the patient’s behalf pursuant to a durable power of attorney for health care decisions.

      Sec. 82.  NRS 451.595 is hereby amended to read as follows:

      451.595  1.  As used in this section:

      (a) “Advance health-care directive” means a power of attorney for health care or other record signed by a prospective donor, or executed in the manner set forth in [NRS 449.840,] section 66 of this act, containing the prospective donor’s direction concerning a health-care decision for the prospective donor.

      (b) “Declaration” means a record signed by a prospective donor, or executed as set forth in NRS 449.600, specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor.

      (c) “Health-care decision” means any decision made regarding the health care of the prospective donor.

      2.  If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or advance health-care directive and the express or implied terms of the potential anatomical gift are in conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:

      (a) The attending physician of the prospective donor shall confer with the prospective donor to resolve the conflict or, if the prospective donor is incapable of resolving the conflict, with:

            (1) An agent acting under the declaration or advance health-care directive of the prospective donor; or

            (2) If an agent is not named in the declaration or advance health-care directive or the agent is not reasonably available, any other person authorized by law, other than by a provision of NRS 451.500 to 451.598, inclusive, to make a health-care decision for the prospective donor.

      (b) The conflict must be resolved as expeditiously as practicable.

      (c) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift of the prospective donor’s body or part under NRS 451.556.

      (d) Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor, if withholding or withdrawing the measures is not medically contraindicated for the appropriate treatment of the prospective donor at the end of his life.

 


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ê2009 Statutes of Nevada, Page 212 (Chapter 64, SB 314)ê

 

      Sec. 83.  NRS 457.020 is hereby amended to read as follows:

      457.020  As used in this chapter, unless the context requires otherwise:

      1.  “Cancer” means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.

      2.  “Health care facility” has the meaning ascribed to it in [NRS 449.800] section 61 of this act and also includes freestanding facilities for plastic reconstructive, oral and maxillofacial surgery.

      3.  “Health Division” means the Health Division of the Department of Health and Human Services.

      Sec. 84.  NRS 631.313 is hereby amended to read as follows:

      631.313  1.  A licensed dentist may assign to a person in his employ who is a dental hygienist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the Board or by the provisions of this chapter.

      2.  The performance of these tasks must be:

      (a) If performed by a dental assistant or a person, other than a dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.

      (b) If performed by a dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed, except as otherwise provided in NRS 631.287.

      3.  No such assignment is permitted that requires:

      (a) The diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.

      (b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.

      (c) The administration of general anesthesia, conscious sedation or deep sedation except as otherwise authorized by regulations adopted by the Board.

      (d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.

      4.  A dental hygienist may, pursuant to regulations adopted by the Board, administer local anesthesia or nitrous oxide in a health care facility, as defined in [NRS 449.800,] section 61 of this act, if:

      (a) He is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and

      (b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.

      Sec. 85.  NRS 639.0155 is hereby amended to read as follows:

      639.0155  “Wholesale distribution” means the distribution of drugs to persons other than consumers or patients, but does not include:

      1.  Sales within a company.

      2.  The purchase or other acquisition of a drug by a health care facility or a pharmacy that is a member of a purchasing organization.

      3.  The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug:

      (a) By a charitable organization, as defined by section 501(c)(3) of the Internal Revenue Code of 1954 , [(] 26 U.S.C. § 501(c)(3) , [),] to a nonprofit affiliate of the organization.

 

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