LAWS OF THE STATE OF NEVADA

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ê2011 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE

OF NEVADA

Passed at the

SEVENTY-SIXTH SESSION OF THE LEGISLATURE

2011

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Horsford and McGinness

 

CHAPTER 1

 

[Approved: February 11, 2011]

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 76th Legislative Session; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $15,000,000 for the costs of the 76th Legislative Session.

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

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CHAPTER 2, AB 127

Assembly Bill No. 127–Assemblyman Oceguera

 

CHAPTER 2

 

[Approved: March 17, 2011]

 

AN ACT relating to the Legislature; eliminating the requirement for compiling sets of books of legislative measures and related materials; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill eliminates the requirement that employees of the Senate and Assembly compile and prepare sets of books containing bills, resolutions, journals and histories during each legislative session for Legislators, certain legislative staff and the press, at no cost, and for other persons for a fee.

 


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ê2011 Statutes of Nevada, Page 2 (Chapter 2, AB 127)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 218A.420 is hereby repealed.

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

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CHAPTER 3, AB 15

Assembly Bill No. 15–Committee on Legislative Operations and Elections

 

CHAPTER 3

 

[Approved: March 17, 2011]

 

AN ACT relating to governmental administration; repealing requirements for the compilation and publication of certain biennial reports and statistical abstracts; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Director of the Department of Administration to compile and publish a biennial report that includes the Governor’s most recent state of the State message, an organizational chart of State Government, separate sections describing each state department and selected state agencies, and a description of recent trends in the population, economy and environment of this State. (NRS 345.070) Existing law also requires the Director to compile and publish a biennial statistical abstract containing significant statistical information relating to state and local government, data relating to this State furnished by the Federal Government, and information relating to business and the economy in this State. (NRS 345.090) This bill repeals the requirements for the compilation and publication of the biennial report and statistical abstract.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 345.065, 345.070, 345.080, 345.090, 345.100, 345.110 and 345.120 are hereby repealed.

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

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ê2011 Statutes of Nevada, Page 3ê

 

CHAPTER 4, SB 23

Senate Bill No. 23–Committee on Judiciary

 

CHAPTER 4

 

[Approved: March 21, 2011]

 

AN ACT relating to the adoption of children; clarifying the entity responsible for carrying out certain duties relating to the adoption of a child with special needs; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires that an agency which provides child welfare service or a licensed child-placing agency may consent to the adoption of a child with special needs who is in the custody of the agency if it would be in the best interests of the child to be placed in that adoptive home. The agency which provides child welfare service or the child-placing agency must evaluate the child to identify any special needs he or she has and must notify the proposed adoptive parents that they may be eligible for financial assistance for adopting a child with special needs. The agency must also assist the proposed adoptive parents in applying for and satisfying any prerequisites necessary to receive the financial assistance. (NRS 127.186) This bill clarifies that the agency which has custody of the child is responsible for scheduling any necessary evaluations of the child, notifying the proposed adoptive parents about financial assistance and assisting the proposed adoptive parents in applying for and satisfying prerequisites for financial assistance.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 127.186 is hereby amended to read as follows:

     127.186  1.  The agency which provides child welfare service or a child-placing agency licensed by the Division pursuant to this chapter may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the agency which provides child welfare services or the licensed agency by proposed adoptive parents when, in the judgment of the agency which provides child welfare services or the child-placing agency, it would be in the best interests of the child to be placed in that adoptive home.

     2.  The agency which provides child welfare services or child-placing agency , whichever has custody of the child, shall in a timely and diligent manner:

     (a) Schedule any evaluations necessary to identify any special needs the child may have.

 


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ê2011 Statutes of Nevada, Page 4 (Chapter 4, SB 23)ê

 

     (b) If it determines that the child has any special needs:

           (1) Notify the proposed adoptive parents:

                (I) That they may be eligible for a grant of financial assistance pursuant to this section; and

                (II) The manner in which to apply for such financial assistance; and

           (2) Assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.

     3.  The agency which provides child welfare services may grant financial assistance for attorney’s fees in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents of a child with special needs out of money provided for that purpose if the head of the agency which provides child welfare services or his or her designee has reviewed and approved in writing the grant of financial assistance.

     4.  The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the agency which provides child welfare services and the adoptive parents. Such an agreement must not become effective before the entry of the order of adoption.

     5.  Any grant of financial assistance must be reviewed and evaluated at least once annually by the agency which provides child welfare services. The evaluation must be presented for approval to the head of the agency which provides child welfare services or his or her designee. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the agency which provides child welfare services that continued assistance is denied.

     6.  All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.

     7.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

     8.  A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the agency which provides child welfare services or child-placing agency consents to the adoption of such a child pursuant to this section.

     9.  The Division, in consultation with each agency which provides child welfare services, shall adopt regulations regarding eligibility for and the procedures for applying for a grant of financial assistance pursuant to this section.

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

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ê2011 Statutes of Nevada, Page 5ê

 

CHAPTER 5, AB 28

Assembly Bill No. 28–Committee on Transportation

 

CHAPTER 5

 

[Approved: March 21, 2011]

 

AN ACT relating to motor vehicles; revising the definition of “low-speed vehicle” to comport with the federal definition of that term; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing state law defines “low-speed vehicle” for the purposes of certain rules of the road. (NRS 484B.637) Existing federal law defines “low-speed vehicle” in a somewhat different manner. (49 C.F.R. § 571.3) This bill revises the state-law definition to more closely match that federal definition.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 484B.637 is hereby amended to read as follows:

     484B.637  1.  As used in this section, “low-speed vehicle” means a motor vehicle:

     (a) [Designed to carry not more than four persons;] That is 4-wheeled;

     (b) [Designed to operate at a maximum speed of at least 20 but not more than 25 miles per hour;] The speed of which that is attainable in 1 mile is more than 20 miles per hour and not more than 25 miles per hour on a paved level surface;

     (c) [Having at least four wheels in contact with the ground;] The gross vehicle weight rating of which is less than 3,000 pounds; and

     (d) [Having an unladen weight of less than 1,800 pounds; and

     (e) Complying] That complies with the standards for safety of such a vehicle set forth in Federal Motor Safety Standard No. 500 at 49 C.F.R. § 571.500.

     2.  If registered, a low-speed vehicle may be operated upon a highway where the posted speed limit is 35 miles per hour or less. A person shall not operate a low-speed vehicle upon a highway where the posted speed limit is greater than 35 miles per hour, except to cross such a highway at an intersection.

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

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ê2011 Statutes of Nevada, Page 6ê

 

CHAPTER 6, AB 43

Assembly Bill No. 43–Committee on Judiciary

 

CHAPTER 6

 

[Approved: March 24, 2011]

 

AN ACT relating to traffic laws; extending from semiannual to annual the interval at which records of traffic citations must be audited by governmental agencies; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires a fiscal officer of a governmental agency to which a traffic enforcement agency is responsible to audit semiannually every record of traffic citations issued by the traffic enforcement agency. (NRS 484A.690) This bill revises that provision to require annual audits instead of semiannual audits.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 484A.690 is hereby amended to read as follows:

     484A.690  Every record of traffic citations required in chapters 484A to 484E, inclusive, of NRS [shall] must be audited at least [semiannually] annually by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible.

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

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CHAPTER 7, AB 124

Assembly Bill No. 124–Committee on Commerce and Labor

 

CHAPTER 7

 

[Approved: March 24, 2011]

 

AN ACT relating to funeral directors; requiring a funeral director who obtains possession of the unclaimed human remains of a deceased person whom the funeral director knows, has reason to know or reasonably believes is a veteran to report the name of the deceased person to the Office of Veterans’ Services; requiring the Office to determine whether certain deceased persons are veterans who are eligible for interment at a national or veterans’ cemetery; and providing other matters properly relating thereto.

 


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ê2011 Statutes of Nevada, Page 7 (Chapter 7, AB 124)ê

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires a funeral director who obtains possession of the unclaimed human remains of a deceased person whom the funeral director knows, has reason to know or reasonably believes is a veteran to report the name of the deceased person to the Office of Veterans’ Services not later than 1 year after obtaining possession of the unclaimed human remains of the deceased person. Section 1 requires the Office of Veterans’ Services to determine whether a deceased person whose name has been reported to the Office is a veteran who is eligible for interment in a national cemetery or veterans’ cemetery and further requires the Office to provide notice of such a determination to the funeral director. Section 1 provides that, if a deceased person is a veteran who is eligible for interment in a national cemetery or veterans’ cemetery, a funeral director is required to arrange for the proper disposition of the veteran’s remains. Section 1 additionally provides that a funeral director is not liable for any act or omission with respect to complying with the requirements of section 1.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 642 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A funeral director who obtains custody of the unclaimed human remains of a deceased person whom the funeral director knows, has reason to know or reasonably believes is a veteran shall report the name of the deceased person to the Office of Veterans’ Services not later than 1 year after obtaining custody of the unclaimed human remains of the deceased person.

     2.  Upon receipt of a report made pursuant to subsection 1, the Office of Veterans’ Services shall determine whether the deceased person is a veteran who is eligible for interment at a national cemetery pursuant to 38 U.S.C. § 2402 or a veterans’ cemetery pursuant to NRS 417.210. The Office of Veterans’ Services shall provide notice of the determination to the funeral director.

     3.  If the Office of Veterans’ Services provides notice to a funeral director of a determination that a deceased person is a veteran who is eligible for interment at a national cemetery or a veterans’ cemetery, the funeral director shall arrange for the proper disposition of the veteran’s remains with:

     (a) A national cemetery or veterans’ cemetery; or

     (b) The Office of Veterans’ Services.

     4.  A funeral director is immune from civil or criminal liability for any act or omission with respect to complying with the provisions of this section.

     5.  As used in this section, “veteran” has the meaning ascribed to it in NRS 176A.090.

     Sec. 2.  If, on October 1, 2011, a funeral director has in his or her custody the unclaimed human remains of a deceased person whom the funeral director knows, has reason to know or reasonably believes is a veteran, the funeral director shall report the name of the deceased person to the Office of Veterans’ Services not later than September 30, 2012.

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ê2011 Statutes of Nevada, Page 8ê

 

CHAPTER 8, SB 5

Senate Bill No. 5–Committee on Judiciary

 

CHAPTER 8

 

[Approved: March 25, 2011]

 

AN ACT relating to grand juries; revising provisions governing the selection and summoning of grand jurors in certain counties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the selection and summoning of grand jurors in any county having a population of 100,000 or more (currently Clark and Washoe Counties). (NRS 6.110) This bill revises the process for selecting prospective grand jurors, increases the number of alternate grand jurors and requires the court, rather than the sheriff, to summon proposed grand jurors in any such county.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 6.110 is hereby amended to read as follows:

     6.110  1.  In any county having a population of 100,000 or more, the selection of persons as proposed grand jurors must be made in the manner prescribed in this section upon notice from any district judge as often as the public interest may require and at least once in each 4 years. The clerk of the court under the supervision of the district judge presiding over the impaneling of the grand jury shall select at random the names of at least 500 [qualified] persons to be called as prospective grand jurors. The clerk shall [then] prepare and mail to each person whose name was selected a questionnaire prepared by the district judge stating the amount of pay, the estimated time required to serve and the duties to be performed. Each recipient of the questionnaire must be requested to complete and return the questionnaire, indicating [thereon] on the questionnaire his or her willingness and availability to serve on the grand jury. The clerk shall continue the selection of names and mailing of questionnaires until a panel of 100 qualified persons who are willing to serve is established.

     2.  A list of the names of persons who indicated their willingness to serve as grand jurors must be made by the clerk of the court and a copy furnished to each district judge. The district judges shall meet within 15 days thereafter and shall, in order of seniority, each select one name from the list until at least 50 persons have been selected. A list of the names of the persons selected as proposed grand jurors must be made by the clerk, certified by the chief judge of the district [judges making the selection] court and filed in the clerk’s office. The clerk shall immediately issue a venire, [directed to the sheriff of the county, commanding the sheriff to] and the court shall summon the proposed grand jurors to attend in court at such time as the district judge directs.

     3.  The [sheriff] court shall summon the proposed grand jurors, and the district judge presiding over the impaneling of the grand jury shall select at random from their number 17 persons to constitute the grand jury and [12] 14 persons to act as alternate grand jurors. If for any reason [eight or more] an insufficient number of proposed grand jurors fail to appear, additional proposed grand jurors sufficient to complete the panel of grand jurors and alternates must be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected must be summoned to appear in court at such time as the district judge directs.

 


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ê2011 Statutes of Nevada, Page 9 (Chapter 8, SB 5)ê

 

an insufficient number of proposed grand jurors fail to appear, additional proposed grand jurors sufficient to complete the panel of grand jurors and alternates must be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected must be summoned to appear in court at such time as the district judge directs.

     4.  Every person named in the venire as a grand juror must be served by the [sheriff] court mailing a summons to the person commanding the person to attend as a juror at a time and place designated [therein.] in the summons. The summons must be registered or certified and deposited in the post office addressed to the person at his or her usual mailing address. The receipt of the person so addressed for the registered or certified summons must be regarded as personal service of the summons upon the person and no mileage may be allowed for service. [The postage and fee for registered or certified mail must be paid by the sheriff and allowed him or her as other claims against the county.]

     5.  If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his or her place. [An alternate must be served by the sheriff in the manner provided in subsection 4.]

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

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CHAPTER 9, AB 7

Assembly Bill No. 7–Committee on Judiciary

 

CHAPTER 9

 

[Approved: March 30, 2011]

 

AN ACT relating to judges; extending the time by which an answer to an affidavit seeking disqualification of a judge must be filed; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       When a party to litigation seeking to disqualify a judge, other than a Supreme Court justice, files an affidavit alleging bias or prejudice, existing law requires the judge to: (1) transfer the case to another department of the court in the district; (2) request a judge of another district court to preside over the case; or (3) file a written answer to the affidavit within 2 days after the affidavit is filed. (NRS 1.235) This bill extends the time by which an answer to such an affidavit is required to be filed from 2 days to 5 days after the affidavit is filed and clarifies that the days are judicial days rather than calendar days.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 1.235 is hereby amended to read as follows:

     1.235  1.  Any party to an action or proceeding pending in any court other than the Supreme Court, who seeks to disqualify a judge for actual or implied bias or prejudice must file an affidavit specifying the facts upon which the disqualification is sought.

 


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ê2011 Statutes of Nevada, Page 10 (Chapter 9, AB 7)ê

 

which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as otherwise provided in subsections 2 and 3, the affidavit must be filed:

     (a) Not less than 20 days before the date set for trial or hearing of the case; or

     (b) Not less than 3 days before the date set for the hearing of any pretrial matter.

     2.  Except as otherwise provided in this subsection and subsection 3, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit must be filed:

     (a) Within 10 days after the party or the party’s attorney is notified that the case has been assigned to a judge;

     (b) Before the hearing of any pretrial matter; or

     (c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,

Ê whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before the party is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.

     3.  If a case is reassigned to a new judge and the time for filing the affidavit under subsection 1 and paragraph (a) of subsection 2 has expired, the parties have 10 days after notice of the new assignment within which to file the affidavit, and the trial or hearing of the case must be rescheduled for a date after the expiration of the 10-day period unless the parties stipulate to an earlier date.

     4.  At the time the affidavit is filed, a copy must be served upon the judge sought to be disqualified. Service must be made by delivering the copy to the judge personally or by leaving it at the judge’s chambers with some person of suitable age and discretion employed therein.

     5.  The judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

     (a) Immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; or

     (b) File a written answer with the clerk of the court within [2] 5 judicial days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of the judge’s disqualification. The question of the judge’s disqualification must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:

           (1) By the presiding judge of the judicial district in judicial districts having more than one judge, or if the presiding judge of the judicial district is sought to be disqualified, by the judge having the greatest number of years of service.

           (2) By the Supreme Court in judicial districts having only one judge.

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

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ê2011 Statutes of Nevada, Page 11ê

 

CHAPTER 10, AB 87

Assembly Bill No. 87–Assemblyman Segerblom

 

CHAPTER 10

 

[Approved: March 30, 2011]

 

AN ACT relating to discovery; enacting the Uniform Interstate Depositions and Discovery Act; establishing procedures for requesting and issuing certain subpoenas; providing for the service and enforcement of such subpoenas; requiring that an application for a protective order or to enforce, quash or modify such subpoenas comply with all applicable rules of court and laws of this State; repealing the Uniform Foreign Depositions Act; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Uniform Foreign Depositions Act provides that an out-of-state witness may be compelled to appear and testify in the same manner and by the same process as may be used for the purpose of taking testimony in this State. (NRS 53.050, 53.060, 53.070) This bill repeals the Uniform Foreign Depositions Act and enacts the Uniform Interstate Depositions and Discovery Act.

       The Uniform Interstate Depositions and Discovery Act provides procedures for courts in Nevada to issue subpoenas from out-of-state litigants. Section 8 of this bill defines “subpoena” to mean a document requiring a person to provide testimony at a deposition, produce certain discoverable items or permit the inspection of certain premises. Section 9 of this bill requires an out-of-state party that wishes to have a subpoena issued in this State to submit a foreign subpoena to the clerk of a court in the county in this State in which the deposition or discovery is to take place, and provides procedures for the clerk to issue the in-state subpoena. Section 10 of this bill provides that a subpoena issued under the provisions of the Act must be served and enforced in compliance with certain rules of civil procedure in Nevada. Section 11 of this bill requires an application for a protective order or to enforce, quash or modify a subpoena issued under the Act to comply with all applicable rules of court and laws of this State and to be filed in a court within the county in which discovery is to be conducted.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 53 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

     Sec. 2.  The provisions of sections 2 to 12, inclusive, of this act may be cited as the Uniform Interstate Depositions and Discovery Act.

     Sec. 3.  As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Foreign jurisdiction” means a state other than this State.

     Sec. 5.  “Foreign subpoena” means a subpoena issued under the authority of a court of record of a foreign jurisdiction.

     Sec. 6.  “Person” means a natural person, 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.

 


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ê2011 Statutes of Nevada, Page 12 (Chapter 10, AB 87)ê

 

venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

     Sec. 7.  “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. 8.  “Subpoena” means a document, however denominated, issued under the authority of a court of record requiring a person to:

     1.  Attend and give testimony at a deposition;

     2.  Produce and permit the inspection and copying of designated books, documents, records, electronically stored information or tangible things in the possession, custody or control of the person; or

     3.  Permit the inspection of premises under the control of the person.

     Sec. 9.  1.  To request the issuance of a subpoena pursuant to this section, a party must submit a foreign subpoena to the clerk of a court in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena pursuant to this section does not constitute an appearance in the courts of this State.

     2.  When a party submits a foreign subpoena to the clerk of a court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

     3.  A subpoena issued pursuant to subsection 2 must:

     (a) Incorporate the terms used in the foreign subpoena; and

     (b) Contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

     Sec. 10.  A subpoena issued by the clerk of a court pursuant to section 9 of this act must be served and enforced in compliance with Rule 45 of the Nevada Rules of Civil Procedure or Rule 45 of the Justice Court Rules of Civil Procedure.

     Sec. 11.  An application to a court for a protective order or to enforce, quash or modify a subpoena issued by the clerk of the court pursuant to section 9 of this act must comply with all applicable rules of court and laws of this State and be submitted to the court in the county in which discovery is to be conducted.

     Sec. 12.  In applying and construing the Uniform Interstate Depositions and Discovery Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

     Sec. 13.  NRS 53.050, 53.060 and 53.070 are hereby repealed.

     Sec. 14.  The provisions of sections 2 to 12, inclusive, of this act apply to requests for discovery in cases which are pending on October 1, 2011, or which are brought on or after that date.

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ê2011 Statutes of Nevada, Page 13ê

 

CHAPTER 11, AB 88

Assembly Bill No. 88–Assemblyman Segerblom

 

CHAPTER 11

 

[Approved: March 30, 2011]

 

AN ACT relating to foreign declarations; enacting the Uniform Unsworn Foreign Declarations Act; authorizing the use in this State under certain circumstances of unsworn declarations executed outside of the United States; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the use of an unsworn declaration in lieu of an affidavit or other sworn declaration for declarations that are executed within this State and for declarations that are executed outside of this State. (NRS 53.045)

       This bill adopts the Uniform Unsworn Foreign Declarations Act (UUFDA), which applies uniform standards to unsworn declarations executed outside of the United States. The UUFDA, adopted by the Uniform Law Commission in 2008, affirms the use in state law proceedings of unsworn declarations made by declarants who are physically outside the boundaries of the United States when making the declaration and who may not have access to a notary. Under the UUFDA, unsworn declarations cannot be used for depositions, oaths of office, oaths related to self-proved wills, declarations recorded under certain real estate statutes and oaths required to be given before specified officials other than a notary. Use of an unsworn declaration, like a sworn declaration, is subject to penalties for perjury, and the UUFDA provides a model form that unsworn declarations must substantially follow.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 53 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

     Sec. 2.  The provisions of sections 2 to 16, inclusive, of this act may be cited as the Uniform Unsworn Foreign Declarations Act.

     Sec. 3.  As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.

     Sec. 5.  “Law” includes the Constitution of the United States, a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order and an administrative rule, regulation or order.

     Sec. 6.  “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. 7.  “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 symbol, sound or process.

 


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     Sec. 8.  “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. 9.  “Sworn declaration” means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate and affidavit.

     Sec. 10.  “Unsworn declaration” means a declaration in a signed record that is not given under oath but is given under penalty of perjury.

     Sec. 11.  The provisions of sections 2 to 16, inclusive, of this act apply to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States. Sections 2 to 16, inclusive, of this act do not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.

     Sec. 12.  1.  Except as otherwise provided in subsection 2, if a law of this State requires or permits the use of a sworn declaration, an unsworn declaration meeting the requirements of sections 2 to 16, inclusive, of this act has the same effect as a sworn declaration.

     2.  The provisions of sections 2 to 16, inclusive, of this act do not apply to:

     (a) A deposition;

     (b) An oath of office;

     (c) An oath required to be given before a specified official other than a notary public;

     (d) A document intended to be recorded pursuant to chapter 111 of NRS; or

     (e) A self-proving declaration or affidavit signed pursuant to NRS 133.050 or 133.055.

     Sec. 13.  If a law of this State requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

     Sec. 14.  An unsworn declaration under sections 2 to 16, inclusive, of this act must be in substantially the following form:

 

     I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.

 

     Executed on the ___ (date) day of ______ (month), _____ (year), at ___________________________ (city or other location and state), __________(country).

 

________________________

            (printed name)

 

________________________

                (signature)

 


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     Sec. 15.  In applying and construing sections 2 to 16, inclusive, of this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

     Sec. 16.  The provisions of sections 2 to 16, inclusive, of this act modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001, et seq., but do 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. 17.  NRS 53.045 is hereby amended to read as follows:

     53.045  Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

     1.  If executed in this State: “I declare under penalty of perjury that the foregoing is true and correct.”

 

     Executed on.........................                                                            

                          (date)                                             (signature)

 

     2.  [If] Except as otherwise provided in sections 2 to 16, inclusive, of this act, if executed outside this State: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”

 

     Executed on.........................                                                            

                          (date)                                             (signature)

     Sec. 18.  NRS 116.645 is hereby amended to read as follows:

     116.645  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

     Sec. 19.  NRS 116A.250 is hereby amended to read as follows:

     116A.250  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

 


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     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

     Sec. 20.  NRS 116B.830 is hereby amended to read as follows:

     116B.830  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

     Sec. 21.  NRS 119.115 is hereby amended to read as follows:

     119.115  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

     Sec. 22.  NRS 119A.195 is hereby amended to read as follows:

     119A.195  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

 


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under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

     Sec. 23.  NRS 119B.115 is hereby amended to read as follows:

     119B.115  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

     Sec. 24.  NRS 232.547 is hereby amended to read as follows:

     232.547  1.  A division, office, authority, commission, board or other entity set forth in NRS 232.510 may adopt regulations to establish procedures to conduct business electronically with persons who have business with that division, office, authority, commission, board or other entity. The regulations may include, without limitation, the establishment of fees to cover the costs to the division, office, authority, commission, board or other entity of conducting business electronically.

     2.  Notwithstanding any other provision, if a division, office, authority, commission, board or other entity adopts regulations to conduct business electronically pursuant to subsection 1, the division, office, authority, commission, board or other entity may provide that a declaration made pursuant to NRS 53.045 or sections 2 to 16, inclusive, of this act may satisfy the requirement that a signature or statement be notarized, acknowledged, verified or made under oath.

     3.  The division, office, authority, commission, board or other entity may refuse to conduct business electronically with a person who has failed to pay money owed to the division, office, authority, commission, board or other entity.

     Sec. 25.  NRS 645.191 is hereby amended to read as follows:

     645.191  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

 


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ê2011 Statutes of Nevada, Page 18 (Chapter 11, AB 88)ê

 

declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

     Sec. 26.  NRS 645C.175 is hereby amended to read as follows:

     645C.175  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

     Sec. 27.  NRS 645D.125 is hereby amended to read as follows:

     645D.125  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

     2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or sections 2 to 16, inclusive, of this act to satisfy the legal requirement.

     3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

________

 


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ê2011 Statutes of Nevada, Page 19ê

 

CHAPTER 12, AB 134

Assembly Bill No. 134–Committee on Judiciary

 

CHAPTER 12

 

[Approved: March 30, 2011]

 

AN ACT relating to criminal procedure; prohibiting the imposition of a sentence of life imprisonment without the possibility of parole upon a juvenile offender convicted of a non-homicide crime; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law prohibits the imposition of the death penalty upon a person convicted of a crime that the person committed when the person was less than 18 years of age. Existing law specifies that the maximum punishment that may be imposed upon such a person is life imprisonment. (NRS 176.025)

       The Supreme Court of the United States recently held that the Eighth Amendment to the United States Constitution prohibits the imposition of a sentence of life imprisonment without the possibility of parole upon a juvenile offender convicted of a non-homicide crime. (Graham v. Florida, 130 S.Ct. 2011 (2010)) This bill revises existing law to reflect this holding by prohibiting a sentence of life imprisonment without the possibility of parole from being imposed upon any person convicted of a non-homicide crime that the person committed when the person was less than 18 years of age. The maximum punishment that may be imposed upon such a person is life imprisonment with the possibility of parole.

       This bill applies retroactively to a sentence of life imprisonment without the possibility of parole that has been imposed upon a person convicted of a non-homicide crime that the person committed when the person was less than 18 years of age.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 176.025 is hereby amended to read as follows:

     176.025  1.  A sentence of death must not be imposed or inflicted upon any person convicted of a crime now punishable by death who at the time of the commission of the crime was [under the age of] less than 18 years [.] of age. As to such a person, the maximum punishment that may be imposed is life imprisonment [.] without the possibility of parole.

     2.  A sentence of life imprisonment without the possibility of parole must not be imposed or inflicted upon any person convicted of a non-homicide crime now punishable by life imprisonment without the possibility of parole who at the time of the commission of the crime was less than 18 years of age. As to such a person, the maximum punishment that may be imposed is life imprisonment with the possibility of parole.

     Sec. 2.  This act becomes effective upon passage and approval and applies retroactively to a sentence of life imprisonment without the possibility of parole that has been imposed upon a person for a non-homicide crime that was committed by the person when the person was less than 18 years of age.

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ê2011 Statutes of Nevada, Page 20ê

 

CHAPTER 13, AB 11

Assembly Bill No. 11–Committee on Judiciary

 

CHAPTER 13

 

[Approved: April 12, 2011]

 

AN ACT relating to the Department of Corrections; authorizing the interception of certain communications relating to the escape of an offender; authorizing certain employees of the Department to seek the tracing of certain communications under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the interception of wire or oral communications when such an interception may provide evidence of certain crimes. (NRS 179.460) Section 1 of this bill expands the crimes for which such an interception is authorized to include the escape of an offender in the custody of the Department of Corrections.

       Additionally, existing law authorizes a court to issue an order that allows the use of a pen register or trap and trace device in accordance with the conditions provided in federal law, if the request for such an order is supported by an affidavit signed by a peace officer. (NRS 179.530) Section 2 of this bill revises the definition of “peace officer,” as used in such a context, to include the Inspector General of the Department and the criminal investigators employed by the Department.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 179.460 is hereby amended to read as follows:

     179.460  1.  The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.

     2.  A good faith reliance by a public utility on a court order shall constitute a complete defense to any civil or criminal action brought against the public utility on account of any interception made pursuant to the order.

     3.  As used in this section, “sexual offense against a child” includes any act upon a child constituting:

 


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ê2011 Statutes of Nevada, Page 21 (Chapter 13, AB 11)ê

 

     (a) Incest pursuant to NRS 201.180;

     (b) Lewdness with a child pursuant to NRS 201.230;

     (c) Sado-masochistic abuse pursuant to NRS 201.262;

     (d) Sexual assault pursuant to NRS 200.366;

     (e) Statutory sexual seduction pursuant to NRS 200.368;

     (f) Open or gross lewdness pursuant to NRS 201.210; or

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

     Sec. 2.  NRS 179.530 is hereby amended to read as follows:

     179.530  1.  District courts of this state may issue orders authorizing the use of a pen register or trap and trace device upon the application of a district attorney, the Attorney General or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions existed on July 1, 1989.

     2.  As used in this section, “peace officer” means:

     (a) Sheriffs of counties and metropolitan police departments and their deputies;

     (b) Investigators, agents, officers and employees of the Investigation Division of the Department of Public Safety who have the powers of peace officers pursuant to paragraph (d) of subsection 1 of NRS 289.270;

     (c) Police officers of cities and towns;

     (d) Agents of the State Gaming Control Board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

     (e) Special investigators employed by the Attorney General who have the powers of peace officers pursuant to NRS 289.170; [and]

     (f) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170 [.] ; and

     (g) The Inspector General of the Department of Corrections and the criminal investigators employed by the Department who have the powers of peace officers pursuant to NRS 289.220.

     3.  A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.

     Sec. 3.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 22ê

 

CHAPTER 14, AB 66

Assembly Bill No. 66–Committee on Judiciary

 

CHAPTER 14

 

[Approved: April 12, 2011]

 

AN ACT relating to crimes; requiring written notice concerning a person’s right to bear arms to be given to the person when his or her criminal records are sealed; authorizing the State Board of Pardons Commissioners to inquire into and inspect certain sealed records of a person who applies to the Board for a pardon; requiring the official document that is given to a person who is granted a pardon to include certain information concerning the person’s right to bear arms; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, if a court orders the sealing of a person’s criminal record, the person’s right to vote, right to hold office and right to serve on a jury are immediately restored to the person if those rights have not previously been restored. (NRS 179.285) However, the sealing of the record does not restore the person’s right to bear arms. Existing law prohibits a person who has been convicted of a felony from owning or possessing a firearm unless the person has received a pardon and the pardon does not restrict his or her right to bear arms. (NRS 202.360) Section 1 of this bill requires that upon the sealing of a person’s criminal records, the person be given a written notice informing the person that his or her right to bear arms is not restored, unless the person has received a pardon and the pardon does not restrict the person’s right to bear arms.

       Existing law authorizes certain agencies and persons to inquire into and inspect certain criminal records which have been sealed. (NRS 179.301) Section 2 of this bill authorizes the State Board of Pardons Commissioners, which consists of the Governor, justices of the Nevada Supreme Court and the Attorney General, to inquire into and inspect certain sealed criminal records of a person who applies to the Board for a pardon.

       Under existing law, if a person is granted a full, unconditional pardon by the State Board of Pardons Commissioners, all civil rights are restored to the person. (NRS 213.090) Section 3 of this bill clarifies that those civil rights include, without limitation, the right to bear arms. Further, existing law requires that a person who is granted a pardon by the Board be given an official document which provides that the person has been granted a pardon. (NRS 213.090) Section 3 requires that the official document explicitly state that the person’s right to bear arms is restored if that right is restored to the person.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 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, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330:

     (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.

 


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ê2011 Statutes of Nevada, Page 23 (Chapter 14, AB 66)ê

 

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 the person’s 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 the person’s records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given [an] :

     (a) An official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1 [.] ; and

     (b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms.

     3.  A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has had his or her 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 or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

     Sec. 2.  NRS 179.301 is hereby amended to read as follows:

     179.301  1.  The State Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records:

     (a) May form the basis for recommendation, denial or revocation of those licenses.

     (b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.

     2.  A prosecuting attorney may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if:

     (a) The records relate to a violation or alleged violation of NRS 202.575; and

     (b) The person who is the subject of the records has been arrested or issued a citation for violating NRS 202.575.

     3.  The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.

 


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     4.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his or her duties.

     5.  The State Board of Pardons Commissioners and its agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if the person who is the subject of the records has applied for a pardon from the Board.

     6.  As used in this section:

     (a) “Information relating to sexual offenses” means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.

     (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.

     Sec. 3.  NRS 213.090 is hereby amended to read as follows:

     213.090  1.  A person who is granted a full, unconditional pardon by the Board is restored to all civil rights , including, without limitation, the right to bear arms, and is relieved of all disabilities incurred upon conviction.

     2.  A pardon granted by the Board shall be deemed to be a full, unconditional pardon unless the official document issued pursuant to subsection 3 explicitly limits the restoration of the civil rights of the person or does not relieve the person of all disabilities incurred upon conviction.

     3.  Upon being granted a pardon by the Board, a person so pardoned must be given an official document which provides that the person has been granted a pardon. If the person is restored to the right to bear arms, the official document must explicitly state that the person is restored to the right to bear arms. If the person has not been granted a full, unconditional pardon, the official document must explicitly state all limitations on the restoration of the civil rights of the person and all disabilities incurred upon conviction from which the person is not relieved.

     4.  A person who has been granted a pardon in this State or elsewhere and whose official documentation of his or her pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to his or her civil rights, the court shall issue an order restoring the person to his or her civil rights. A person must not be required to pay a fee to receive such an order.

     5.  A person who has been granted a pardon in this State or elsewhere may present:

     (a) Official documentation of his or her pardon; or

     (b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to his or her civil rights.

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ê2011 Statutes of Nevada, Page 25ê

 

CHAPTER 15, AB 10

Assembly Bill No. 10–Committee on Government Affairs

 

CHAPTER 15

 

[Approved: April 12, 2011]

 

AN ACT relating to governmental administration; requiring any interest and income earned on money in the Gift Fund for the State Library and Archives to be credited to the Fund; revising the requirements for saving images of public records before the records may be destroyed; eliminating the Fund for the Support of the Division of Museums and History of the Department of Cultural Affairs; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, any monetary gift made to the State Library and Archives or to the State of Nevada for its library or archives must be deposited in the Gift Fund for the State Library and Archives. Money deposited in the Fund does not revert to the State General Fund. (NRS 378.090) Section 1 of this bill requires that any interest and income earned on money in the Gift Fund for the State Library and Archives must also be credited to that Fund.

       The Legislature has declared that access by members of the public to public books and records is an important purpose. (NRS 239.001) Existing law prohibits a person with legal control over public records from destroying documents, instruments, papers, books and any other records or writings unless the records or writings have been placed on microphotographic film or the information contained in the records or writings has been entered into a computer system. (NRS 239.051)

       Section 2 of this bill revises that prohibition to instead require that, before a public record or writing is destroyed by the custodian of the record or writing, the custodian must place an image of the record or writing on microfilm or save the image in an electronic recordkeeping system. Section 2 also: (1) requires the microfilm or the saved image to be durable, accurate, complete and clear; (2) clarifies that a reproduction of that record or writing is considered the original, regardless of whether the actual original exists; and (3) requires the custodian of such records or writings to store the microfilm or the medium used to save the image in a manner complying with certain standards established in regulations adopted by the State Library and Archives Administrator relating to the management of records.

       Finally, section 2 requires microfilm used to save a public record to be made with film which complies with quality standards approved by the American National Standards Institute and the Association for Information and Image Management and requires the saving of a record or writing as an image to be done in a manner complying with certain standards established in regulations adopted by the State Library and Archives Administrator relating to the management of records.

       Existing law creates the Fund for the Support of the Division of Museums and History of the Department of Cultural Affairs and provides that any money in the Fund in excess of $300,000 each year reverts to the State General Fund. (NRS 381.0064) Because of recent economic conditions, the money remaining in the Fund has been depleted. Section 7 of this bill therefore repeals the provision creating the Fund.

 


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ê2011 Statutes of Nevada, Page 26 (Chapter 15, AB 10)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 378.090 is hereby amended to read as follows:

     378.090  Any gift of money to the State Library and Archives or to the State of Nevada for its library or archives which the State Library and Archives Administrator is authorized to accept must be deposited in the State Treasury in a fund to be known as the Gift Fund for the State Library and Archives. This Fund is a continuing fund without reversion, and money in the Fund must be used for those purposes only and expended in accordance with the terms of the gift. Any interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

     Sec. 2.  NRS 239.051 is hereby amended to read as follows:

     239.051  1.  Unless destruction of a particular record without reproduction is authorized by a schedule adopted pursuant to NRS 239.080 or 239.125, any custodian of public records in this State may destroy documents, instruments, papers, books and any other records or writings in the custodian’s custody only if an image of those records or writings [have] has been placed on [microphotographic film or if the information they contain has been entered into a computer system] microfilm or has been saved in an electronic recordkeeping system which permits the retrieval of the information contained in the records or writings and the reproduction of [that information.] the records or writings. A reproduction of [that film or that information] an image of a record or writing that has been placed on microfilm or saved pursuant to this section shall be deemed to be the original [.] record or writing, regardless of whether the original exists.

     2.  [Microphotographs] A microfilmed image made pursuant to this section must be made on film which complies with minimum standards of quality approved by the American National Standards Institute [.] and the Association for Information and Image Management.

     3.  [The] Any image of a record or writing which is saved in an electronic recordkeeping system pursuant to this section must comply with any applicable regulations adopted by the State Library and Archives Administrator pursuant to NRS 378.255 relating to the management of records.

     4.  A microfilmed image of a record or writing made pursuant to this section or an image of the record or writing saved in an electronic recordkeeping system pursuant to this section must be durable, accurate, complete and clear.

     5.  If, pursuant to this section, an image of a record or writing is placed on microfilm or is saved in an electronic recordkeeping system, the custodian of the [records] record or [writings] writing shall:

     (a) Promptly store at least one copy of the [microphotographic film] microfilm or [the] any tape, disc or other medium used for the storage of [that information by the computer] the saved image in [such] a manner and place [as] :

 


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ê2011 Statutes of Nevada, Page 27 (Chapter 15, AB 10)ê

 

           (1) Such as to protect it reasonably from loss or damage; and

           (2) Which complies with any applicable regulations adopted by the State Library and Archives Administrator pursuant to NRS 378.255 relating to the management of records; and

     (b) Maintain for the use of authorized persons a copy of a reproduction of the [film or the information stored by the computer.] record or writing.

     Sec. 3.  NRS 239.110 is hereby amended to read as follows:

     239.110  1.  The Clerk of the Supreme Court, a county clerk, deputy clerk of a justice court or clerk of a municipal court may destroy all documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the Supreme Court, district court, justice court or municipal court, respectively, or otherwise filed in the clerk’s office pursuant to law, including transcripts of coroners’ inquests and depositions, if the records of the clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:

     (a) If the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; and

     (b) Minutes of the Supreme Court, district court, justice court or municipal court, affidavits supporting applications for marriage licenses, after those licenses have been issued, and certificates of fictitious names of businesses may be destroyed immediately subject to the provisions of subsections 2 and 3.

     2.  The clerk shall maintain for the use of the public [a microphotographic film print] an image on microfilm or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the clerk and properly indexed. This print or copy shall be deemed to be the original.

     3.  The clerk shall promptly seal and store at least one original negative of each [microphotographic film] microfilmed image in such manner and place as may reasonably ensure its preservation indefinitely against loss, theft, defacement or destruction.

     4.  The Supreme Court may provide by rule for the destruction, without prior microfilming, of such other documents of the several courts of this State as are held in the offices of the clerks but which:

     (a) No longer serve any legal, financial or administrative purpose; and

     (b) Do not have any historical value.

     5.  The Court Administrator may request the Division to advise and assist the Supreme Court in its establishment of the rules.

     Sec. 4.  NRS 408.215 is hereby amended to read as follows:

     408.215  1.  The Director has charge of all the records of the Department, keeping records of all proceedings pertaining to the Department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the Department, except those financial statements described in NRS 408.333 and the financial or proprietary information described in paragraph (c) of subsection 6 of NRS 408.3886, which must not become matters of public record.

 


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ê2011 Statutes of Nevada, Page 28 (Chapter 15, AB 10)ê

 

     2.  The Director may photograph, [microphotograph or] film , place an image of on microfilm, save as an image in an electronic recordkeeping system or dispose of the records of the Department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.

     3.  The Director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the Department.

     4.  The Director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.

     Sec. 5.  NRS 612.260 is hereby amended to read as follows:

     612.260  1.  Each employing unit shall keep true and accurate work records, containing such information as the Administrator may prescribe. Such records must be open to inspection and may be copied by the Administrator or the Administrator’s authorized representatives or the Department of Taxation at any reasonable time and as often as may be necessary.

     2.  The Administrator, the Board of Review, or any Appeal Tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which the Administrator or the Board of Review deems necessary for the effective administration of this chapter.

     3.  Except as limited by this subsection, the Administrator may:

     (a) Destroy any letter of the Unemployment Compensation Service or Employment Service and any form, benefit determination or redetermination, ruling, employer’s status or contribution report, wage slip report, claim record, wage list or any auxiliary computer file related thereto at the expiration of 4 years after the record was originated or filed with the Service; or

     (b) Destroy such records at any time after having [microphotographed] microfilmed them in the manner and on film or paper that complies with the minimum standards of quality approved for such [photographic] microfilmed records by the American National Standards Institute. The [microphotographed] microfilmed records must be retained for not less than 4 years.

Ê This subsection does not apply to records pertaining to grants, accounts or expenditures for administration, or to the records of the Unemployment Compensation Administration Fund.

     Sec. 6.  NRS 665.165 is hereby amended to read as follows:

     665.165  1.  Every state bank shall retain its business records for such periods as are or may be prescribed by or in accordance with the terms of this section.

     2.  Each state bank shall retain permanently the minute books of meetings of its stockholders and directors, any analogous formal proceedings of its members or managers, its stock ledger and stock certificate ledger or stubs, its general ledger, its investment ledger, its copies of bank examination reports, and all records which the Commissioner in accordance with this section requires to be retained permanently.

     3.  All other bank records must be retained for such periods as the Commissioner may in accordance with this section prescribe.

     4.  The Commissioner shall, from time to time, adopt regulations classifying all records kept by state banks and prescribe the period for which records in each class must be retained. The periods may be permanent or for a lesser term of years. The Commissioner shall keep such regulations current and shall review them at least once every 3 years.

 


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ê2011 Statutes of Nevada, Page 29 (Chapter 15, AB 10)ê

 

and shall review them at least once every 3 years. In issuing and revising such regulations, the Commissioner shall consider:

     (a) Actions at law and administrative proceedings in which the production of bank records may be necessary or desirable.

     (b) State and federal statutes of limitation applicable to such actions or proceedings.

     (c) The availability of information contained in bank records from other sources.

     (d) Such other matters as the Commissioner deems pertinent to ensure that the regulations will require banks to retain their records for as short a period as is commensurate with the interests of bank customers and stockholders or members and of the people of this state in having bank records available.

     5.  Any state bank may dispose of any record which has been retained for the period prescribed by or in accordance with the terms of this section for retention of records of its class, and thereafter is under no duty to produce the record in any action or proceeding.

     6.  Any state bank may cause any or all records required to be kept pursuant to this section to be reproduced by the [microphotographic] microfilming process, optical disc imaging or any other equivalent technique designed to ensure an accurate reproduction of the original. Any such reproduction has the same effect as the original. Upon completion of such a duplication, the original of any record may be destroyed.

     7.  To the extent that they are not in contravention of any law of the United States, the provisions of this section apply to all banks doing business in this state.

     Sec. 7.  NRS 381.0064 is hereby repealed.

     Sec. 8.  This act becomes effective on July 1, 2011.

________

CHAPTER 16, AB 103

Assembly Bill No. 103–Assemblyman Livermore (by request)

 

CHAPTER 16

 

[Approved: April 12, 2011]

 

AN ACT relating to the Airport Authority Act for Carson City; amending the qualifications of certain members of the Board of Trustees of the Airport Authority of Carson City; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Board of Supervisors of Carson City is required to appoint seven members to the Board of Trustees of the Airport Authority of Carson City: (1) three members who represent the general public who are neither manufacturers in the Carson City industrial airport nor fixed base operators at the airport, at least one of whom must be a city official selected by the Board of Supervisors and at least one of whom must be a pilot who owns and operates an aircraft based at the airport; (2) two members who are manufacturers in the Carson City industrial airport but who are not fixed base operators at the airport; and (3) two members who are fixed base operators at the airport. (Airport Authority Act for Carson City § 4)

 


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ê2011 Statutes of Nevada, Page 30 (Chapter 16, AB 103)ê

 

       This bill expands the area from which the Board of Supervisors is authorized to appoint the two manufacturer members from manufacturers in the Carson City industrial airport to manufacturers within a 3-mile radius of the airport. If the Board of Supervisors is unable to fill a manufacturer position with a qualified manufacturer, this bill authorizes the Board of Supervisors to fill the position with a person who represents the general public.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 4 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, as amended by chapter 439, Statutes of Nevada 1995, at page 1144, is hereby amended to read as follows:

     Sec. 4.  1.  The Authority is governed by the Board, which is composed of seven members appointed by the Board of Supervisors.

     2.  The Board of Supervisors shall appoint:

     (a) Three members who represent the general public, but , except as otherwise provided in paragraph (b), not including any person described in paragraph (b) or (c). At least one of these members must be a city official selected by the Board of Supervisors and one must be a pilot who, at the time of appointment, owns and operates an aircraft based at the airport.

     (b) Two members who are manufacturers [in] and are within a 3-mile radius of the Carson City [industrial] airport, but not including any person described in paragraph (c). If, after providing notice of a vacancy for the position of a member of the Board described in this paragraph, the Board of Supervisors is unable to find a qualified manufacturer to fill a position, the Board of Supervisors may appoint a member pursuant to this paragraph who represents the general public.

     (c) Two members who are fixed base operators at the airport.

     3.  After the initial terms, the term of office of each member of the Board is 4 years. The city official who is appointed as a member of the Board is eligible for reappointment to the Board upon the expiration of his or her term. Each other member of the Board is eligible for reappointment to the Board 4 years after the expiration of his or her prior term.

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

________

 


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ê2011 Statutes of Nevada, Page 31ê

 

CHAPTER 17, AB 193

Assembly Bill No. 193–Committee on Ways and Means

 

CHAPTER 17

 

[Approved: April 13, 2011]

 

AN ACT relating to public works; requiring the State Public Works Board to obtain prior approval from the Nevada Legislature or Interim Finance Committee before cancelling or, in certain circumstances, delaying a project authorized by the Legislature; requiring the Interim Finance Committee to consider certain criteria in determining whether to approve a change in the scope of the design or construction or the cancellation or delay of a project; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the State Public Works Board is required to solicit bids and let all contracts for new construction or major repairs relating to public works. (NRS 341.145) This bill requires the Board to obtain the prior approval of the Nevada Legislature or, if the Legislature is not in session, the Interim Finance Committee before cancelling a project authorized by the Legislature or delaying the commencement or completion of such a project beyond the period for which money for the project was authorized. In determining whether to approve such a cancellation or delay or a change in the scope of the design or construction of a project, this bill requires the Interim Finance Committee to consider certain specified criteria.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 341.145 is hereby amended to read as follows:

     341.145  1.  The Board:

     [1.] (a) Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the Board shall apply for the rebate.

     [2.] (b) Shall solicit bids for and let all contracts for new construction or major repairs.

     [3.] (c) May negotiate with the lowest responsible and responsive bidder on any contract to obtain a revised bid if:

     [(a)] (1) The bid is less than the appropriation made by the Legislature for that building project; and

     [(b)] (2) The bid does not exceed the relevant budget item for that building project as established by the Board by more than 10 percent.

 


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ê2011 Statutes of Nevada, Page 32 (Chapter 17, AB 193)ê

 

     [4.] (d) May reject any or all bids.

     [5.] (e) After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the Legislature.

     [6.] (f) Shall obtain prior approval from the Interim Finance Committee before authorizing any change in the scope of the design or construction of a project as that project was authorized by the Legislature, if the change increases or decreases the total square footage or cost of the project by 10 percent or more.

     [7.] (g) Except for changes that require prior approval pursuant to [subsection 6,] paragraph (f), may authorize change orders, before or during construction:

     [(a)] (1) In any amount, where the change represents a reduction in the total awarded contract price.

     [(b)] (2) Except as otherwise provided in [paragraph (c),] subparagraph (3), not to exceed in the aggregate 15 percent of the total awarded contract price, where the change represents an increase in that price.

     [(c)] (3) In any amount, where the total awarded contract price is less than $50,000 and the change represents an increase not exceeding the amount of the total awarded contract price.

     [(d)] (4) In any amount, where additional money was authorized or appropriated by the Legislature and issuing a new contract would not be in the best interests of the State.

     [8.] (h) Shall specify in any contract with a design professional the period within which the design professional must prepare and submit to the Board a change order that has been authorized by the design professional. As used in this [subsection,] paragraph, “design professional” means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

     [9.] (i) Has final authority to accept each building or structure, or any portion thereof, on property of the State or held in trust for any division of the State Government as completed or to require necessary alterations to conform to the contract or to codes adopted by the Board, and to file the notice of completion and certificate of occupancy for the building or structure.

     (j) Shall obtain prior approval from the Legislature or the Interim Finance Committee, if the Legislature is not in session, before cancelling a project authorized by the Legislature or delaying the commencement or completion of such a project beyond the period for which money for the project was authorized.

     2.  In acting upon a proposed change in the scope of the design or construction of a project pursuant to paragraph (f) of subsection 1 or a proposed cancellation or delay of a project pursuant to paragraph (j) of subsection 1, the Interim Finance Committee shall consider, among other things:

     (a) The reason provided by the Board for the proposed change in the scope of the design or construction or the cancellation or delay of the project.

     (b) The current need for the project; and

     (c) The intent of the Legislature in originally approving the project.

 


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ê2011 Statutes of Nevada, Page 33 (Chapter 17, AB 193)ê

 

     Sec. 2.  NRS 218E.405 is hereby amended to read as follows:

     218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

     2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 284.1729, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, paragraph (f) of subsection [6] 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

     3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Board that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and paragraph (f) of subsection [6] 1 of NRS 341.145. If the Chair appoints such a subcommittee:

     (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

     (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

     (c) The Director of the Legislative Counsel Bureau or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

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

________

CHAPTER 18, AB 565

Assembly Bill No. 565–Committee on Ways and Means

 

CHAPTER 18

 

[Approved: April 20, 2011]

 

AN ACT relating to education; temporarily delaying the statutory deadline for notifying certain school employees of reemployment status for the 2011-2012 school year; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the board of trustees of each school district to notify, on or before May 1 of each year, the postprobationary and probationary employees who are employed by the board of trustees of the reemployment status of those employees for the next school year. Existing law also requires those employees to notify the board of trustees, on or before May 10, of the acceptance of such reemployment. (NRS 391.3196, 391.3197) This bill extends those dates to May 16 and 25, 2011, respectively, for the current fiscal year.

 


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ê2011 Statutes of Nevada, Page 34 (Chapter 18, AB 565)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  1.  Notwithstanding the provisions of NRS 391.3196 or any other statute to the contrary, the boards of trustees of school districts shall notify the postprobationary employees who are in their employ as of the effective date of this act concerning the reemployment status of those employees for the next year not later than May 16, 2011. If the board of trustees, or a person designated by the board of trustees, fails to notify a postprobationary employee on or before May 16, 2011, of his or her status for the next year, the employee shall be deemed reemployed for the next year under the same terms and conditions as he or she is employed for the current year.

     2.  Notwithstanding the provisions of NRS 391.3197 or any other statute to the contrary, the boards of trustees of school districts shall notify the probationary employees who are in their employ as of the effective date of this act concerning the reemployment status of those employees for the next year not later than May 16, 2011.

     3.  Notwithstanding the provisions of NRS 391.3196 or 391.3197 or any other statute to the contrary, the failure of a postprobationary or probationary employee to notify the board of trustees of the school district which employs him or her on or before May 25, 2011, of the employee’s acceptance of the contract for the next year is conclusive evidence of the employee’s rejection of the contract.

     4.  If a school district or an agreement entered into by a school district requires a postprobationary or probationary employee who is in the employ of the school district as of the effective date of this act to provide notice to the school district of the employee’s intent to seek employment elsewhere or otherwise discontinue his or her employment with the school district for the next year, the school district shall extend the time by which such notice is due by 10 days.

     5.  As used in this section, “postprobationary employee” and “probationary employee” have the meanings ascribed to them in NRS 391.311.

     Sec. 2.  This act becomes effective upon passage and approval and expires by limitation on July 1, 2011.

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ê2011 Statutes of Nevada, Page 35ê

 

CHAPTER 19, SB 220

Senate Bill No. 220–Senators Kieckhefer, Cegavske, McGinness, Schneider, Horsford; Breeden, Brower, Copening, Denis, Gustavson, Halseth, Hardy, Kihuen, Lee, Leslie, Manendo, Parks, Rhoads, Roberson, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Oceguera, Smith, Conklin, Grady, Goicoechea; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Ohrenschall, Pierce, Segerblom, Sherwood, Stewart and Woodbury

 

CHAPTER 19

 

[Approved: April 27, 2011]

 

AN ACT relating to education; establishing the Kenny C. Guinn Memorial Millennium Scholarship; providing for the establishment of criteria for the annual selection of a recipient of the Scholarship; requiring the Board of Trustees of the College Savings Plans of Nevada to review applications for and select the recipient of the Scholarship; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Governor Guinn Millennium Scholarship Program to provide financial assistance with educational expenses to qualified Nevada students who attend an eligible university, college or community college in Nevada. Millennium Scholarships are awarded from money in the Millennium Scholarship Trust Fund, which was created in the State Treasury as part of the Program. (NRS 396.911-396.938) Following the tragic death of Governor Guinn on July 22, 2010, a special memorial fund known as the Kenny C. Guinn Memorial Millennium Scholarship Fund was established to accept donations in memory of Governor Guinn. The money received from such donations is currently being kept in a special account in the Millennium Scholarship Trust Fund. This bill provides statutory authority for the account and authorizes the use of the money in the account to provide a Kenny C. Guinn Memorial Millennium Scholarship to one college senior each year who is receiving a Millennium Scholarship, is majoring in elementary education or secondary education and meets certain other criteria. The recipient of the Memorial Scholarship each year will be selected by the Board of Trustees of the College Savings Plans of Nevada created by NRS 353B.005. To the extent of available money in the account, the amount of the annual Memorial Scholarship must not exceed $4,500 to pay the authorized educational expenses of the recipient for the school year which are not otherwise paid for by the Millennium Scholarship awarded to the recipient. A Memorial Scholarship must be used only for the payment of registration fees and laboratory fees and expenses, to purchase required textbooks and course materials and for other costs related to the attendance of the recipient at an eligible institution.

 


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ê2011 Statutes of Nevada, Page 36 (Chapter 19, SB 220)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

     Sec. 2.  “Memorial Scholarship” means the Kenny C. Guinn Memorial Millennium Scholarship that is awarded to a student from the account established pursuant to section 3 of this act.

     Sec. 3.  1.  There is hereby established within the Trust Fund an account to provide Memorial Scholarships to students.

     2.  The State Treasurer may accept gifts, grants, bequests and donations for deposit in the account.

     3.  The State Treasurer shall deposit in the account any gifts, grants, bequests or donations specifically designated for the account or for the Kenny C. Guinn Memorial Millennium Scholarship Fund, a special memorial fund established following the death of Governor Kenny C. Guinn on July 22, 2010.

     4.  The money in the account must be invested as the other money in the Trust Fund is invested. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. All claims against the account must be paid as other claims against the State are paid.

     5.  The money in the account remains in the account and does not revert to the Trust Fund or any other fund at the end of any fiscal year.

     Sec. 4.  1.  The Board shall establish criteria governing the annual selection of the recipient of the Memorial Scholarship, which must include, without limitation, a requirement that the recipient:

     (a) Be in or entering his or her senior year at an eligible institution;

     (b) Be on the list of eligible students for a Millennium Scholarship which is certified to the State Treasurer pursuant to NRS 396.934;

     (c) Have a college grade point average of not less than 3.5 on a 4.0 grading scale;

     (d) Have a declared major in elementary education or secondary education;

     (e) Have a stated commitment to teaching in this State following graduation; and

     (f) Have a commendable record of community service.

     2.  A student who satisfies the criteria established pursuant to subsection 1 may apply for a Memorial Scholarship by submitting an application to the Office of the State Treasurer on a form provided on the Internet website of the State Treasurer.

     3.  The State Treasurer shall forward all applications received pursuant to subsection 2 to the Board. The Board shall review and evaluate each application received from the State Treasurer and select the recipient of the Memorial Scholarship.

 


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     4.  To the extent of available money in the account established pursuant to section 3 of this act, the annual Memorial Scholarship may be awarded to the selected recipient in an amount not to exceed $4,500 to pay the educational expenses of the recipient for the school year which are authorized by subsection 5 and which are not otherwise paid for by the Millennium Scholarship awarded to the recipient.

     5.  A Memorial Scholarship must be used only:

     (a) For the payment of registration fees and laboratory fees and expenses;

     (b) To purchase required textbooks and course materials; and

     (c) For other costs related to the attendance of the student at the eligible institution.

     6.  As used in this section, “Board” means the Board of Trustees of the College Savings Plans of Nevada created by NRS 353B.005.

     Sec. 5.  NRS 396.914 is hereby amended to read as follows:

     396.914  As used in NRS 396.911 to 396.938, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 396.916, 396.918 and 396.922 and section 2 of this act have the meanings ascribed to them in those sections.

     Sec. 6.  This act becomes effective on July 1, 2011.

________

CHAPTER 20, AB 144

Assembly Bill No. 144–Assemblymen Kirkpatrick, Oceguera, Smith, Conklin, Atkinson; Aizley, Anderson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carrillo, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goicoechea, Grady, Hammond, Hardy, Hogan, Horne, Livermore, Mastroluca, Munford, Neal, Ohrenschall, Pierce and Stewart

 

CHAPTER 20

 

[Approved: April 27, 2011]

 

AN ACT relating to public works; revising provisions relating to preferences in bidding for contracts for certain public works projects; requiring the inclusion in a contract for a public work of certain conditions that must be satisfied to obtain such a preference in bidding; providing for the investigation of a failure to satisfy the conditions for such a preference in bidding; providing for the recovery of damages for a failure to satisfy the provisions in a contract relating to preferences in bidding; prohibiting the use of a certificate of eligibility to receive a preference in bidding in certain circumstances; prohibiting a person from bidding on a public work in certain circumstances; revising provisions relating to the keeping, by certain persons, of records relating to public works; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

       Under existing law, a contract for a public work is awarded to the contractor who submits the best bid. A contractor may qualify for a preference in bidding on a contract for a public work if the contractor has submitted proof to the State Contractors’ Board that the contractor has paid certain taxes to the State for the past 5 years. (NRS 338.1389, 338.147)

       Sections 2, 9-11, 13 and 16 of this bill require that a contractor, an applicant or a design-build team, respectively, must meet five additional criteria to receive a preference in bidding on a contract for a public work. Specifically, section 2 requires that, in addition to the existing requirements for a preference in bidding on a contract for a public work, the contractor, applicant or design-build team must ensure that: (1) at least 50 percent of the workers on the public work have a Nevada driver’s license or identification card; (2) all of the non-apportioned vehicles primarily used on the public work are registered in Nevada; (3) at least 50 percent of the design professionals who work on the public work have a Nevada driver’s license or identification card; (4) at least 25 percent of the suppliers of the materials used in the public work are located in Nevada; and (5) certain payroll records related to the public work are maintained and available within this State.

       Section 2 also requires that, if a contractor, applicant or design-build team who receives a preference in bidding is awarded a contract for a public work, the contract must include those five requirements for a preference in bidding on a contract for a public work and provide that failure to comply with any of those five requirements is a material breach of the contract that entitles the public body to damages in the amount of 10 percent of the cost of the contract. Additionally, section 2 requires each contract between a contractor, applicant or design-build team who receives a preference in bidding and a subcontractor to include a provision that apportions the liability for damages for a material breach of the contract for a public work between the contractor and subcontractor in proportion to each party’s liability. Sections 9 and 10 of this bill provide that a contractor who breaches any of those five requirements for a contract for a public work the cost of which exceeds $5,000,000 loses his or her certification for a preference in bidding for 5 years. Sections 3, 6-8 and 14 of this bill provide that a contractor, applicant or design-build team who breaches any of those five requirements for a contract for a public work the cost of which exceeds $25,000,000 loses his or her ability to bid on any contracts for public works for one year.

       Section 17 of this bill provides that those five requirements for a preference in bidding on a contract for a public work apply to any public work that is first advertised for bid after the effective date of this bill. Section 17 also declares that any contract for such a public work that fails to comply with this bill is void.

       Section 5 of this bill revises the records that a contractor or subcontractor engaged on a public work must keep relating to their workers.

 

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

 

     Whereas, The State of Nevada has been disproportionately affected by the Great Recession, suffering from the nation’s highest unemployment rate at 14.5 percent as of December 2010, which is also the highest unemployment rate in state history; and

     Whereas, According to the current employment statistics compiled by the Research and Analysis Bureau of the Department of Employment, Training and Rehabilitation, the construction sector in the State has been particularly hard-hit, with over 60 percent of all construction jobs in the State eliminated from June 2006 through December 2010, accounting for a loss of about 91,700 jobs; and

 


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     Whereas, Investment in the State’s public works and infrastructure is both crucial to the economic recovery of the State today and essential to investing in Nevada’s future; and

     Whereas, Giving priority in bidding on state and local public works projects to Nevada businesses that employ Nevada workers is critically important in addressing both the historically high state unemployment rate in general and the incredible damage done to the construction sector in particular by the Great Recession; and

     Whereas, The Nevada Legislature has determined that the extreme shortage of jobs for Nevada workers poses a serious threat to the economy of the State which necessitates a reasonable yet immediately effective response to put Nevadans back to work; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  1.  To qualify to receive a preference in bidding pursuant to subsection 2 of NRS 338.1389, subsection 2 of NRS 338.147, subsection 3 of NRS 338.1693, subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886, a contractor, an applicant or a design-build team, respectively, must submit to the public body sponsoring or financing a public work a signed affidavit which certifies that, for the duration of the project:

     (a) At least 50 percent of all workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid driver’s license or identification card issued by the Department of Motor Vehicles;

     (b) All vehicles used primarily for the public work will be:

           (1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826; or

           (2) Registered in this State;

     (c) At least 50 percent of the design professionals working on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will have a valid driver’s license or identification card issued by the Department of Motor Vehicles;

     (d) At least 25 percent of the suppliers of the materials used for the public work will be located in this State; and

     (e) The contractor, applicant or design-build team and any subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.

     2.  Any contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 must:

     (a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (e), inclusive, of subsection 1; and

 


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     (b) Provide that a failure to comply with any requirement of paragraphs (a) to (e), inclusive, of subsection 1 is a material breach of the contract and entitles the public body to liquidated damages in the amount of 10 percent of the cost of the contract.

     3.  A person or entity who believes that a contractor, applicant or design-build team has obtained a preference in bidding as described in subsection 1 but has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 may file a written objection with the public body for which the contractor, applicant or design-build team is performing the public work. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1.

     4.  If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection. If the public body determines that the objection is accompanied by the required proof or substantiating evidence or if the public body determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 exists, the public body shall determine whether the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 and the public body or its authorized representative may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.

     5.  A public body may recover by civil action liquidated damages as described in paragraph (b) of subsection 2 for a breach of a contract for a public work caused by a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1. If a public body recovers liquidated damages pursuant to this subsection for a breach of a contract for a public work, the public body shall report to the State Contractors’ Board the date of the breach, the name of each entity which breached the contract and the cost of the contract. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.

     6.  If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract, each contract between the contractor, applicant or design-build team and a subcontractor must provide for the apportionment of liquidated damages assessed pursuant to subsection 5 if a person other than the contractor was responsible for the breach of a contract for a public work caused by a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1. The apportionment of liquidated damages must be in proportion to the responsibility of each party for the breach.

     7.  A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission.

 


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described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must include information on each contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 including, without limitation, the name of the contractor, applicant or design-build team who was awarded the contract, the cost of the contract, a brief description of the public work and a description of the degree to which the contractor, applicant or design-build team and each subcontractor complied with the requirements of paragraphs (a) to (e), inclusive, of subsection 1.

     Sec. 3.  A local government or its authorized representative shall not accept a bid on a contract for a public work if the contractor who submits the bid has, within the preceding year, breached a contract for a public work for which the cost exceeds $25,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act.

     Sec. 4.  NRS 338.0115 is hereby amended to read as follows:

     338.0115  1.  Except as otherwise provided in subsection 2, the provisions of this chapter and chapters 332 and 339 of NRS do not apply to a contract under which a private developer, for the benefit of a private development, constructs a water or sewer line extension and any related appurtenances:

     (a) Which qualify as a public work pursuant to NRS 338.010; and

     (b) For which the developer will receive a monetary contribution or refund from a public body as reimbursement for a portion of the costs of the project.

     2.  If, pursuant to the provisions of such a contract, the developer is not responsible for paying all of the initial construction costs of the project, the provisions of NRS 338.013 to 338.090, inclusive, and 338.1373 to 338.148, inclusive, and sections 2 and 3 of this act apply to the contract.

     Sec. 5.  NRS 338.070 is hereby amended to read as follows:

     338.070  1.  Any public body awarding a contract shall:

     (a) Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such violations; and

     (b) When making payments to the contractor engaged on the public work of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.

     2.  No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding public body.

     3.  Except as otherwise provided in subsection 6, it is lawful for any contractor engaged on a public work to withhold from any subcontractor engaged on the public work sufficient sums to cover any penalties withheld from the contractor by the awarding public body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from the subcontractor the amount of the penalty or forfeiture in a suit at law.

 


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     4.  A contractor engaged on a public work and each subcontractor engaged on the public work shall keep or cause to be kept [an] :

     (a) An accurate record showing [the] , for each worker employed by the contractor or subcontractor in connection with the public work:

           (1) The name [,] of the worker;

           (2) The occupation of the worker;

           (3) If the worker has a driver’s license or identification card, an indication of the state or other jurisdiction that issued the license or card; and [the]

           (4) The actual per diem, wages and benefits paid to [each] the worker [employed by the contractor and subcontractor in connection with the public work.] ; and

     (b) An additional accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work who has a driver’s license or identification card:

           (1) The name of the worker;

           (2) The driver’s license number or identification card number of the worker; and

           (3) The state or other jurisdiction that issued the license or card.

     5.  The [record] records maintained pursuant to subsection 4 must be open at all reasonable hours to the inspection of the public body awarding the contract. The contractor engaged on the public work or subcontractor engaged on the public work shall ensure that a copy of [the] each record for each calendar month is received by the public body awarding the contract no later than 15 days after the end of the month. The copy of the record maintained pursuant to paragraph (a) of subsection 4 must be open to public inspection as provided in NRS 239.010. The copy of the record maintained pursuant to paragraph (b) of subsection 4 is confidential and not open to public inspection. The [record] records in the possession of the public body awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work.

     6.  A contractor engaged on a public work shall not withhold from a subcontractor engaged on the public work the sums necessary to cover any penalties provided pursuant to subsection 3 of NRS 338.060 that may be withheld from the contractor by the public body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 4 for a calendar month by the time specified in subsection 5 if:

     (a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of:

           (1) Ten days after the end of the month; or

           (2) A date agreed upon by the contractor and subcontractor; and

     (b) The contractor failed to submit the copy of the record to the public body by the time specified in subsection 5.

Ê Nothing in this subsection prohibits a subcontractor from submitting a copy of a record for a calendar month directly to the public body by the time specified in subsection 5.

     7.  Any contractor or subcontractor, or agent or representative thereof, performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.

 


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     Sec. 6.  NRS 338.1373 is hereby amended to read as follows:

     338.1373  1.  A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of [:] section 3 of this act and:

     (a) NRS 338.1377 to 338.139, inclusive;

     (b) NRS 338.143 to 338.148, inclusive;

     (c) NRS 338.169 to 338.1699, inclusive; or

     (d) NRS 338.1711 to 338.1727, inclusive.

     2.  The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142, 338.169 to 338.1699, inclusive, and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.

     Sec. 7.  NRS 338.1379 is hereby amended to read as follows:

     338.1379  1.  Except as otherwise provided in NRS 338.1382, a contractor who wishes to qualify as a bidder on a contract for a public work must submit an application to the State Public Works Board or the local government.

     2.  Upon receipt of an application pursuant to subsection 1, the State Public Works Board or the local government shall:

     (a) Investigate the applicant to determine whether the applicant is qualified to bid on a contract; and

     (b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 45 days after receipt of the application.

     3.  The State Public Works Board or the local government shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of the right to a hearing pursuant to NRS 338.1381.

     4.  The State Public Works Board or the local government may determine an applicant is qualified to bid:

     (a) On a specific project; or

     (b) On more than one project over a period of time to be determined by the State Public Works Board or the local government.

     5.  [The] Except as otherwise provided in subsection 8, the State Public Works Board shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.

     6.  [The] Except as otherwise provided in subsection 8, the local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.

     7.  Except as otherwise provided in NRS 239.0115, financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the State Public Works Board or a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.

     8.  The State Public Works Board or the local government shall deny an application and revoke any existing qualification to bid if it finds that the applicant has, within the preceding year, breached a contract for a public work for which the cost exceeds $25,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act.

 


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public work for which the cost exceeds $25,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act.

     Sec. 8.  NRS 338.1382 is hereby amended to read as follows:

     338.1382  In lieu of adopting criteria pursuant to NRS 338.1377 and determining the qualification of bidders pursuant to NRS 338.1379, a governing body may deem a person to be qualified to bid on:

     1.  Contracts for public works of the local government if the person has not, within the preceding year, breached a contract for a public work for which the cost exceeds $25,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act, and has been determined by:

     (a) The State Public Works Board pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of the State pursuant to criteria adopted pursuant to NRS 338.1375; or

     (b) Another governing body pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of that local government pursuant to the criteria set forth in NRS 338.1377.

     2.  A contract for a public work of the local government if:

     (a) The person has been determined by the Department of Transportation pursuant to NRS 408.333 to be qualified to bid on the contract for the public work;

     (b) The public work will be owned, operated or maintained by the Department of Transportation after the public work is constructed by the local government; and

     (c) The Department of Transportation requested that bidders on the contract for the public work be qualified to bid on the contract pursuant to NRS 408.333.

     Sec. 9.  NRS 338.1389 is hereby amended to read as follows:

     338.1389  1.  Except as otherwise provided in subsection 10 and NRS 338.1385, 338.1386 and 338.13864, a public body or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.

     2.  Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

     (a) Submitted by a responsive and responsible contractor who:

           (1) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or 338.1382; [and]

           (2) At the time the contractor submits his or her bid, has a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors’ Board pursuant to subsection 3 or 4; and

           (3) At the time the contractor submits his or her bid, submits a signed affidavit that meets the requirements of subsection 1 of section 2 of this act; and

     (b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who [does] :

           (1) Does not have, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors’ Board pursuant to subsection 3 or 4 [,] ; or

 


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          (2) Does not submit, at the time he or she submits the bid, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act for the duration of the contract,

Ê shall be deemed to be the best bid for the purposes of this section.

     3.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

     (a) Paid directly, on his or her own behalf:

           (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

           (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

           (3) Any combination of such sales and use taxes and governmental services tax; or

     (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

           (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

           (2) Certificate of eligibility to receive a preference in bidding on public works.

     4.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

     (a) Paid directly, on his or her own behalf:

           (1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

           (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

 


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           (3) Any combination of such sales and use taxes and governmental services tax; or

     (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

           (1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

           (2) Certificate of eligibility to receive a preference in bidding on public works.

     5.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

     (a) Sales and use taxes and governmental services taxes that were paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

     (b) Sales and use taxes that were paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

     6.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors’ Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractor’s license pursuant to NRS 624.283, submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.

     7.  A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.

     8.  If a contractor holds more than one contractor’s license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractor’s license for which the contractor submitted the application.

     9.  If a contractor who applies to the State Contractors’ Board for a certificate of eligibility to receive a preference in bidding on public works [submits] :

     (a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information [.] ; or

     (b) Is found by the Board to have, within the preceding 5 years, breached a contract for a public work for which the cost exceeds $5,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act, the contractor is not eligible to receive a preference in bidding on public works.

     10.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

 


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work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

     11.  If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may be deemed the best bid only if both or all of the joint venturers separately meet the requirements of subsection 2.

     12.  The State Contractors’ Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

     13.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

     (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

     (b) Be filed with the public body not later than 3 business days after the opening of the bids by the public body or its authorized representative.

     14.  If a public body receives a written objection pursuant to subsection 13, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

     Sec. 10.  NRS 338.147 is hereby amended to read as follows:

     338.147  1.  Except as otherwise provided in subsection 10 and NRS 338.143, 338.1442 and 338.1446, a local government or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.

     2.  Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

     (a) Submitted by a contractor who:

           (1) Has been found to be a responsible and responsive contractor by the local government or its authorized representative; [and]

           (2) At the time the contractor submits his or her bid, has a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors’ Board pursuant to subsection 3 or 4; and

           (3) At the time the contractor submits his or her bid, submits a signed affidavit that meets the requirements of subsection 1 of section 2 of this act; and

     (b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who [does] :

 


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           (1) Does not have, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors’ Board pursuant to subsection 3 or 4 [,] ; or

           (2) Does not submit, at the time he or she submits the bid, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act for the duration of the contract,

Ê shall be deemed to be the best bid for the purposes of this section.

     3.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

     (a) Paid directly, on his or her own behalf:

           (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

           (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

           (3) Any combination of such sales and use taxes and governmental services tax; or

     (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

           (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

           (2) Certificate of eligibility to receive a preference in bidding on public works.

     4.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

     (a) Paid directly, on his or her own behalf:

           (1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

           (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

 


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State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

           (3) Any combination of such sales and use taxes and governmental services tax; or

     (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

           (1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

           (2) Certificate of eligibility to receive a preference in bidding on public works.

     5.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

     (a) Sales and use taxes and governmental services taxes paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

     (b) Sales and use taxes paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

     6.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors’ Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractor’s license pursuant to NRS 624.283, submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.

     7.  A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.

     8.  If a contractor holds more than one contractor’s license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractor’s license for which the contractor submitted the application.

     9.  If a contractor who applies to the State Contractors’ Board for a certificate of eligibility to receive a preference in bidding on public works [submits] :

     (a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information [.] ; or

     (b) Is found by the Board to have, within the preceding 5 years, breached a contract for a public work for which the cost exceeds $5,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act, the contractor is not eligible to receive a preference in bidding on public works.

 


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     10.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

     11.  If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may be deemed a best bid only if both or all of the joint venturers separately meet the requirements of subsection 2.

     12.  The State Contractors’ Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

     13.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the local government to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

     (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

     (b) Be filed with the local government not later than 3 business days after the opening of the bids by the local government or its authorized representative.

     14.  If a local government receives a written objection pursuant to subsection 13, the local government shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the local government determines that the objection is not accompanied by the required proof or substantiating evidence, the local government shall dismiss the objection and the local government or its authorized representative may proceed immediately to award the contract. If the local government determines that the objection is accompanied by the required proof or substantiating evidence, the local government shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the local government or its authorized representative may proceed to award the contract accordingly.

     Sec. 11.  NRS 338.1693 is hereby amended to read as follows:

     338.1693  1.  The local government shall appoint a panel consisting of at least three members to rank the statements of qualifications submitted to the local government by evaluating the statements of qualifications as required pursuant to subsections 2 and 3.

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

     (a) Verifying that each applicant satisfies the requirements of NRS 338.1691; and

     (b) Conducting an evaluation of the qualifications of each applicant based on the factors and relative weight assigned to each factor that the local government specified in the request for statements of qualifications advertised pursuant to NRS 338.1692.

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

 


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works [.] if the applicant submits a signed affidavit that meets the requirements of subsection 1 of section 2 of this act.

     4.  After the panel ranks the statements of qualifications, the local government shall:

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

     (b) Except as otherwise provided in subsection 5, select at least the two but not more than the five applicants that the panel determined to be most qualified as finalists to submit final proposals to the local government pursuant to NRS 338.1694.

     5.  If the local government did not receive at least two statements of qualifications from applicants that the panel determines to be qualified pursuant to this section and NRS 338.1691, the local government may not contract with a construction manager at risk.

     Sec. 12.  NRS 338.1699 is hereby amended to read as follows:

     338.1699  1.  To be eligible to provide materials, equipment, work or other services on a public work for which a construction manager at risk was awarded a contract pursuant to NRS 338.1696, a subcontractor must be:

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

     (b) Selected by the construction manager at risk based on the process of competitive bidding set forth in the applicable provisions of NRS 338.1373 to 338.148, inclusive [.] , and sections 2 and 3 of this act.

     2.  A construction manager at risk to whom a contract for the construction of a public work is awarded pursuant to NRS 338.1696 shall submit to the local government that awarded the contract or its authorized representative a list containing the names of each subcontractor with whom the construction manager at risk intends to enter into a contract for the provision of materials, equipment, work or other services on the public work.

     Sec. 13.  NRS 338.1727 is hereby amended to read as follows:

     338.1727  1.  After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:

     (a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and

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

     2.  If one or more of the finalists selected pursuant to NRS 338.1725 is disqualified or withdraws, the public body may select a design-build team from the remaining finalist or finalists.

     3.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, without limitation, a relative weight of 5 percent to the design-build team’s possession of a certificate of eligibility to receive a preference in bidding on public works if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of section 2 of this act, and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

 


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     4.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly and be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1. A design-build team that submits a final proposal which is not responsive shall not be awarded the contract and shall not be eligible for the partial reimbursement of costs provided for in subsection 7.

     5.  A final proposal is exempt from the requirements of NRS 338.141.

     6.  After receiving and evaluating the final proposals for the public work, the public body, at a regularly scheduled meeting, shall:

     (a) Select the final proposal, using the criteria set forth pursuant to subsections 1 and 3, and award the design-build contract to the design-build team whose proposal is selected; or

     (b) Reject all the final proposals.

     7.  If a public body selects a final proposal and awards a design-build contract pursuant to paragraph (a) of subsection 6, the public body shall:

     (a) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (j) of subsection 2 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

     (b) Make available to the public the results of the evaluation of final proposals that was conducted and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

     8.  A contract awarded pursuant to this section:

     (a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive.

     (b) Must specify:

           (1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

           (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and

           (3) A date by which performance of the work required by the contract must be completed.

     (c) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.

     (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.

     (e) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.

 


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proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.

     (f) Must require that the design-build team to whom a contract is awarded assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner.

     9.  Upon award of the design-build contract, the public body shall make available to the public copies of all preliminary and final proposals received.

     Sec. 14.  NRS 408.333 is hereby amended to read as follows:

     408.333  Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive:

     1.  Before furnishing any person proposing to bid on any advertised work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the person’s financial ability and experience in performing public work of a similar nature.

     2.  Such statements must be filed with the Director in ample time to permit the Department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any person proposing to bid on the advertised public work, in accordance with the regulations of the Department.

     3.  Whenever the Director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, the Director may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. If the Director determines that the person has, within the preceding year, breached a contract for a public work for which the cost exceeds $25,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of section 2 of this act, the Director shall refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.

     4.  Any person who is disqualified by the Director, in accordance with the provisions of this section, may request, in writing, a hearing before the Director and present again the person’s check, cash or undertaking and such further evidence with respect to the person’s financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his or her opinion, issuance to him or her of the plans and specifications for the work.

     5.  Such a person may appeal the decision of the Director to the Board no later than 5 days before the opening of the bids on the project. If the appeal is sustained by the Board, the person must be granted the rights and privileges of all other bidders.

     Sec. 15.  NRS 408.3883 is hereby amended to read as follows:

     408.3883  1.  The Department shall advertise for preliminary proposals for the design and construction of a project by a design-build team in a newspaper of general circulation in this State.

 


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     2.  A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

     (a) A description of the proposed project;

     (b) Separate estimates of the costs of designing and constructing the project;

     (c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;

     (d) The date by which preliminary proposals must be submitted to the Department, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and

     (e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.

     3.  The Department shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the project:

     (a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the Department determines to be necessary;

     (b) A list of the requirements set forth in NRS 408.3884;

     (c) A list of the factors that the Department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:

           (1) The relative weight to be assigned to each factor pursuant to NRS 408.3886; and

           (2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;

     (d) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the Department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;

     (e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 should submit with its proposal a copy of the certificate of eligibility [with its proposal;] and a signed affidavit that meets the requirements of subsection 1 of section 2 of this act; and

     (f) A statement as to whether a bidding design-build team that is selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the cost of preparing a final proposal or best and final offer, or both, and, if so, an estimate of the amount of the partial reimbursement.

     Sec. 16.  NRS 408.3886 is hereby amended to read as follows:

     408.3886  1.  After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

 


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     (a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

     (b) Set forth the date by which final proposals must be submitted to the Department.

     2.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build team’s possession of a certificate of eligibility to receive a preference in bidding on public works if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of section 2 of this act, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.

     3.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.

     4.  After receiving the final proposals for the project, the Department shall:

     (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;

     (b) Reject all the final proposals; or

     (c) Request best and final offers from all finalists in accordance with subsection 5.

     5.  If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:

     (a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or

     (b) Reject all the best and final offers.

     6.  If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:

 


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     (a) Review and ratify the selection.

     (b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

     (c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

     7.  A contract awarded pursuant to this section:

     (a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive; and

     (b) Must specify:

           (1) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

           (2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and

           (3) A date by which performance of the work required by the contract must be completed.

     8.  A design-build team to whom a contract is awarded pursuant to this section shall:

     (a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and

     (b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.

     Sec. 17.  1.  The amendatory provisions of this act apply to all public works for which bids are first advertised after the effective date of this act.

     2.  Any contract awarded for a public work to which the amendatory provisions of this act apply pursuant to subsection 1 and:

     (a) Which was not advertised in compliance with the amendatory provisions of this act;

     (b) For which bids were not accepted in compliance with the amendatory provisions of this act; or

     (c) For which the contract was not awarded in compliance with the amendatory provisions of this act,

Ê is void.

     3.  As used in this section, “contract” and “public work” have the meanings ascribed to them in NRS 338.010.

     Sec. 18.  This act becomes effective upon passage and approval.

________

 


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CHAPTER 21, SB 86

Senate Bill No. 86–Senators Leslie; Breeden, Copening, Roberson, Schneider, Settelmeyer and Parks

 

Joint Sponsors: Assemblymen Horne; Aizley, Anderson, Atkinson, Bobzien, Conklin, Flores, Frierson, Hardy, Kirkpatrick, Oceguera, Ohrenschall, Pierce, Segerblom and Smith

 

CHAPTER 21

 

[Approved: April 29, 2011]

 

AN ACT relating to eminent domain; removing the authorization of a person who is not a public agency to exercise the power of eminent domain to acquire real property for mining, smelting and related activities; eliminating the use of the power of eminent domain to acquire real property for pipelines of the beet sugar industry; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the use of eminent domain to acquire real property for certain public uses, including mining, smelting and related activities and pipelines of the beet sugar industry. (NRS 37.010) This bill removes the authorization of a person who is not a public agency to exercise the power of eminent domain for the purposes of mining, smelting and related activities. This bill also eliminates an obsolete provision that authorized the use of the power of eminent domain to acquire real property for pipelines of the beet sugar industry.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 37.0095 is hereby amended to read as follows:

     37.0095  1.  Except as otherwise provided in subsection 2, only a public agency may exercise the power of eminent domain pursuant to the provisions of this chapter.

     2.  Except as otherwise provided in NRS 37.0097, the power of eminent domain may be exercised by a person who is not a public agency pursuant to NRS 37.230 and paragraphs [(f), (h), (j), (m)] (g), (i), (k) and [(p)] (n) of subsection 1 of NRS 37.010.

     3.  As used in this section, “public agency” means an agency or political subdivision of this State or the United States.

     Sec. 2.  NRS 37.010 is hereby amended to read as follows:

     37.010  1.  Subject to the provisions of this chapter and the limitations in subsections 2 and 3, the right of eminent domain may be exercised in behalf of the following public uses:

     (a) Federal activities. All public purposes authorized by the Government of the United States.

 


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     (b) State activities. Public buildings and grounds for the use of the State, the Nevada System of Higher Education and all other public purposes authorized by the Legislature.

     (c) County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

     (d) Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

     (e) Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

     (f) [Mining, smelting and related activities. Mining, smelting and related activities as follows:

           (1) Mining and related activities, which are recognized as the paramount interest of this State.

           (2) Roads, railroads, tramways, tunnels, ditches, flumes, pipes, reservoirs, dams, water gates, canals, aqueducts and dumping places to facilitate the milling, smelting or other reduction of ores, the working, reclamation or dewatering of mines, and for all mining purposes, outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipelines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.

     (g)] Byroads. Byroads leading from highways to residences and farms.

     [(h)] (g) Public utilities. Lines for telegraph, telephone, electric light and electric power and sites for plants for electric light and power.

     [(i)] (h) Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the State or college or university.

     [(j)] (i) Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

     [(k)] (j) Cemeteries, public parks. Cemeteries or public parks.

     [(l) Pipelines of beet sugar industry. Pipelines to conduct any liquids connected with the manufacture of beet sugar.

 


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     (m)] (k) Pipelines for petroleum products, natural gas. Pipelines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

     [(n)] (l) Aviation. Airports, facilities for air navigation and aerial rights-of-way.

     [(o)] (m) Monorails. Monorails and any other overhead or underground system used for public transportation.

     [(p)] (n) Video service providers. Video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:

           (1) It creates no substantial detriment to the service provided by the utility;

           (2) It causes no irreparable injury to the utility; and

           (3) The Public Utilities Commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.

     [(q)] (o) Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.685, inclusive.

     2.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, the public uses for which private property may be taken by the exercise of eminent domain do not include the direct or indirect transfer of any interest in the property to another private person or entity. Property taken by the exercise of eminent domain may be transferred to another private person or entity in the following circumstances:

     (a) The entity that took the property transfers the property to a private person or entity and the private person or entity uses the property primarily to benefit a public service, including, without limitation, a utility, railroad, public transportation project, pipeline, road, bridge, airport or facility that is owned by a governmental entity.

     (b) The entity that took the property leases the property to a private person or entity that occupies an incidental part of an airport or a facility that is owned by a governmental entity and, before leasing the property:

           (1) Uses its best efforts to notify the person from whom the property was taken that the property will be leased to a private person or entity that will occupy an incidental part of an airport or facility that is owned by a governmental entity; and

           (2) Provides the person from whom the property was taken with an opportunity to bid or propose on any such lease.

     (c) The entity that took the property:

           (1) Took the property in order to acquire property that was abandoned by the owner, abate an immediate threat to the safety of the public or remediate hazardous waste; and

           (2) Grants a right of first refusal to the person from whom the property was taken that allows that person to reacquire the property on the same terms and conditions that are offered to the other private person or entity.

     (d) The entity that took the property exchanges it for other property acquired or being acquired by eminent domain or under the threat of eminent domain for roadway or highway purposes, to relocate public or private structures or to avoid payment of excessive compensation or damages.

     (e) The person from whom the property is taken consents to the taking.

 


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     3.  The entity that is taking property by the exercise of eminent domain has the burden of proving that the taking is for a public use.

     4.  For the purposes of this section, an airport authority or any public airport is not a private person or entity.

     Sec. 3.  NRS 279.471 is hereby amended to read as follows:

     279.471  1.  Except as otherwise provided in this subsection, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for each individual parcel of property to be acquired by eminent domain. An agency may exercise the power of eminent domain to acquire a parcel of property that is not blighted for a redevelopment project if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for at least two-thirds of the property within the redevelopment area at the time the redevelopment area was created.

     2.  In addition to the requirement set forth in subsection 1, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if:

     (a) The property sought to be acquired is necessary to carry out the redevelopment plan;

     (b) The agency has adopted a resolution of necessity that complies with the requirements set forth in subsection 3; and

     (c) The agency has complied with the provisions of NRS 279.4712.

     3.  A resolution of necessity required pursuant to paragraph (b) of subsection 2 must set forth:

     (a) A statement that the property will be acquired for purposes of redevelopment as authorized pursuant to paragraph [(q)] (o) of subsection 1 of NRS 37.010 and subsection 2 of NRS 279.470;

     (b) A reasonably detailed description of the property to be acquired;

     (c) A finding by the agency that the public interest and necessity require the acquisition of the property;

     (d) A finding by the agency that acquisition of the property will be the option for redevelopment that is most compatible with the greatest public good and the least private injury; and

     (e) A finding by the agency that acquisition of the property is necessary for purposes of redevelopment.

     4.  After an agency adopts a resolution pursuant to subsection 1 or 2, the resolution so adopted and the findings set forth in the resolution are final and conclusive and are not subject to judicial review unless credible evidence is adduced to suggest that the resolution or the findings set forth therein were procured through bribery or fraud.

     Sec. 4.  This act becomes effective upon passage and approval.

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CHAPTER 22, AB 12

Assembly Bill No. 12–Committee on Judiciary

 

CHAPTER 22

 

[Approved: May 10, 2011]

 

AN ACT relating to parole; abolishing the Parolees’ Revolving Loan Account; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law creates the Parolees’ Revolving Loan Account, which is used to provide individual parolees with loans to purchase certain necessary items while attempting to secure employment. (NRS 213.145) This bill abolishes the Account.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  (Deleted by amendment.)

     Sec. 1.3.  NRS 213.145 is hereby repealed.

     Sec. 1.7.  1.  As soon as practicable after the effective date of this act, the Chief Parole and Probation Officer shall revert to the State General Fund any remaining balance in the Parolees’ Revolving Loan Account.

     2.  Any money received by the Chief Parole and Probation Officer in repayment of a loan made from the Parolees’ Revolving Loan Account must be reverted to the State General Fund as soon as practicable after the money is received.

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

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CHAPTER 23, AB 18

Assembly Bill No. 18–Committee on Judiciary

 

CHAPTER 23

 

[Approved: May 10, 2011]

 

AN ACT relating to parole; clarifying that meetings of the State Board of Parole Commissioners are quasi-judicial; clarifying the rights of prisoners and other persons who appear before the Parole Board; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes certain procedures when a prisoner becomes eligible for parole, including the use of photographs during a meeting of the State Board of Parole Commissioners, requirements concerning the conduct of a meeting to consider a prisoner for parole, notice requirements for such meetings and rights of prisoners with respect to such meeting. (NRS 213.130) These provisions were amended by the 74th Session of the Nevada Legislature in Senate Bill No. 471 (2007). S.B. 471 clarified that meetings to consider a prisoner for parole are quasi-judicial in nature. (Section 10.5 of chapter 528, Statutes of Nevada 2008, at p. 3261) S.B. 471 further required the Parole Board to provide reasonable notice of a meeting to a prisoner being considered for parole and to provide an opportunity for the prisoner to be present at the meeting. It further provided that parole could not be denied at a meeting unless the Parole Board complied with those requirements. S.B. 471 also required the Parole Board to allow the prisoner or his or her representative to speak during a meeting to consider the prisoner for parole and required the Parole Board to provide written notice of its decision and any recommendations to the prisoner within 10 working days after the meeting.

       In 2008, the United States District Court of Nevada permanently enjoined the State of Nevada from enforcing S.B. 471. (ACLU of Nevada v. Masto, No. 2:08-cv-0822-JCM-PAL (D. Nev. Oct. 7, 2008)) Although section 10.5 of S.B. 471 which amended NRS 213.130 was not at issue in the case, the court did not sever that section of the bill from its holding enjoining enforcement of S.B. 471. As a result, it became unclear whether the amendments made to NRS 213.130 in S.B. 471 remained enforceable. Section 8 of this bill repeals NRS 213.130 and section 3 of this bill reenacts the provisions of that section without change to express the intent of the Legislature that the provisions have continuing applicability.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 209.392 is hereby amended to read as follows:

     209.392  1.  Except as otherwise provided in NRS 209.3925 and 209.429, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:

     (a) Demonstrated a willingness and ability to establish a position of employment in the community;

     (b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

     (c) Demonstrated an ability to pay for all or part of the costs of the offender’s confinement and to meet any existing obligation for restitution to any victim of his or her crime,

 


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Ê assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his or her sentence.

     2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. If any victim of a crime committed by the offender has, pursuant to subsection 4 of [NRS 213.130,] section 3 of this act, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offender’s request and advise the victim that the victim may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of [NRS 213.130,] section 3 of this act, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

     3.  The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:

     (a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

     (b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

     (c) Has been convicted of:

           (1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediately preceding 3 years;

           (2) A sexual offense that is punishable as a felony; or

           (3) Except as otherwise provided in subsection 4, a category A or B felony;

     (d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430; or

     (e) Has escaped or attempted to escape from any jail or correctional institution for adults,

Ê is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.

     4.  The standards adopted by the Director pursuant to subsection 3 must provide that an offender who has been convicted of a category B felony is eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section if:

     (a) The offender is not otherwise ineligible pursuant to subsection 3 for an assignment to serve a term of residential confinement; and

     (b) The Director makes a written finding that such an assignment of the offender is not likely to pose a threat to the safety of the public.

     5.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of the offender’s residential confinement:

 


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     (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

     (b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.

     6.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

     (a) A continuation of the offender’s imprisonment and not a release on parole; and

     (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

     7.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

     Sec. 2.  NRS 209.3925 is hereby amended to read as follows:

     209.3925  1.  Except as otherwise provided in subsection 6, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380 or other appropriate supervision as determined by the Division of Parole and Probation, for not longer than the remainder of his or her sentence, if:

     (a) The Director has reason to believe that the offender is:

           (1) Physically incapacitated or in ill health to such a degree that the offender does not presently, and likely will not in the future, pose a threat to the safety of the public; or

           (2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and

     (b) At least two physicians licensed pursuant to chapter 630 or 633 of NRS, one of whom is not employed by the Department, verify, in writing, that the offender is:

           (1) Physically incapacitated or in ill health; or

           (2) In ill health and expected to die within 12 months.

     2.  If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:

     (a) If the offender will reside within this State after the offender is released from the custody of the Department, the board of county commissioners of the county in which the offender will reside; and

 


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     (b) The Division of Parole and Probation.

     3.  If any victim of a crime committed by the offender has, pursuant to subsection 4 of [NRS 213.130,] section 3 of this act, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:

     (a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and

     (b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.

Ê If a current address has not been provided by a victim as required by subsection 4 of [NRS 213.130,] section 3 of this act, the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

     4.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement or other appropriate supervision as determined by the Division of Parole and Probation:

     (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

     (b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.

     5.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

     (a) A continuation of the offender’s imprisonment and not a release on parole; and

     (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

     6.  The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.

     7.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

     Sec. 3.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Department of Corrections shall:

     (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

 


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     (b) Notify the Board of the eligibility of the prisoner to be considered for parole; and

     (c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.

     2.  If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, “photograph” includes any video, digital or other photographic image.

     3.  Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.

     4.  Not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of the victim’s rights pursuant to this subsection, if the victim has requested notification in writing and has provided his or her current address or if the victim’s current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his or her rights pursuant to this subsection and the victim is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.

     5.  The Board may deliberate in private after a public meeting held to consider a prisoner for parole.

     6.  The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the State Board of Parole Commissioners.

     7.  If a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.

     8.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this section is confidential.

 


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     9.  The Board may grant parole without a meeting, pursuant to NRS 213.133, but the Board must not deny parole to a prisoner unless the prisoner has been given reasonable notice of the meeting and the opportunity to be present at the meeting. If the Board fails to provide notice of the meeting to the prisoner or to provide the prisoner with an opportunity to be present and determines that it may deny parole, the Board may reschedule the meeting.

     10.  During a meeting to consider a prisoner for parole, the Board shall allow the prisoner:

     (a) At his or her own expense, to have a representative present with whom the prisoner may confer; and

     (b) To speak on his or her own behalf or to have his or her representative speak on his or her behalf.

     11.  Upon making a final decision concerning the parole of the prisoner, the Board shall provide written notice to the prisoner of its decision not later than 10 working days after the meeting and, if parole is denied, specific recommendations of the Board to improve the possibility of granting parole the next time the prisoner is considered for parole, if any.

     12.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

     Sec. 4.  NRS 213.107 is hereby amended to read as follows:

     213.107  As used in NRS 213.107 to 213.157, inclusive, and section 3 of this act, unless the context otherwise requires:

     1.  “Board” means the State Board of Parole Commissioners.

     2.  “Chief” means the Chief Parole and Probation Officer.

     3.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

     4.  “Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.

     5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

     6.  “Sexual offense” means:

     (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450, or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

     (b) An attempt to commit any offense listed in paragraph (a); or

     (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

     7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

     Sec. 5.  NRS 213.1099 is hereby amended to read as follows:

     213.1099  1.  Except as otherwise provided in this section and NRS 213.1214 and 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive [.] , and section 3 of this act.

     2.  In determining whether to release a prisoner on parole, the Board shall consider:

 


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     (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

     (b) Whether the release is incompatible with the welfare of society;

     (c) The seriousness of the offense and the history of criminal conduct of the prisoner;

     (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and

     (e) Any documents or testimony submitted by a victim notified pursuant to [NRS 213.130.] section 3 of this act.

     3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.

     4.  Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that the prisoner does not have a history of:

     (a) Recent misconduct in the institution, and that the prisoner has been recommended for parole by the Director of the Department of Corrections;

     (b) Repetitive criminal conduct;

     (c) Criminal conduct related to the use of alcohol or drugs;

     (d) Repetitive sexual deviance, violence or aggression; or

     (e) Failure in parole, probation, work release or similar programs.

     5.  In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

     6.  The Board shall not release on parole an offender convicted of an offense listed in NRS 179D.097 until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.

     Sec. 6.  NRS 213.133 is hereby amended to read as follows:

     213.133  1.  Except as otherwise provided in subsections 6, 7 and 8, the Board may delegate its authority to hear, consider and act upon the parole of a prisoner and on any issue before the Board to a panel consisting of:

     (a) Two or more members of the Board, two of whom constitute a quorum; or

     (b) One member of the Board who is assisted by a case hearing representative.

     2.  No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.

     3.  The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the Board. Such action may be taken at a meeting of the Board or without a meeting by the delivery of written approval to the Executive Secretary of the Board.

 


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     4.  The degree of complexity of issues presented must be taken into account before the Board makes any delegation of its authority and before it determines the extent of a delegation.

     5.  The Board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.

     6.  A hearing concerning the parole of a prisoner or any decision on an issue involving a person:

     (a) Who committed a capital offense;

     (b) Who is serving a sentence of imprisonment for life;

     (c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;

     (d) Who is a habitual criminal; or

     (e) Whose sentence has been commuted by the State Board of Pardons Commissioners,

Ê must be conducted by at least three members of the Board, and action may be taken only with the concurrence of at least four members.

     7.  If a recommendation made by a panel deviates from the standards adopted by the Board pursuant to NRS 213.10885 or the recommendation of the Division, the Chair must concur in the recommendation.

     8.  A member of the Board or a person who has been designated as a case hearing representative in accordance with NRS 213.135 may recommend to the Board that a prisoner be released on parole without a meeting if:

     (a) The prisoner is not serving a sentence for a crime described in subsection 6;

     (b) The parole standards created pursuant to NRS 213.10885 suggest that parole should be granted;

     (c) There are no current requests for notification of hearings made in accordance with subsection 4 of [NRS 213.130;] section 3 of this act; and

     (d) Notice to law enforcement of the eligibility for parole of the prisoner was given pursuant to subsection 5 of NRS 213.1085, and no person objected to granting parole without a meeting during the 30-day notice period.

     9.  A recommendation made in accordance with subsection 8 is subject to final approval by the affirmative action of a majority of the members appointed to the Board. The final approval by affirmative action must not take place until the expiration of the 30-day notice period to law enforcement of the eligibility for parole of the prisoner in accordance with subsection 5 of NRS 213.1085. Such action may be taken at a meeting of the Board or without a meeting of the Board by delivery of written approval to the Executive Secretary of the Board by a majority of the members.

     Sec. 7.  NRS 178.5698 is hereby amended to read as follows:

     178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:

     (a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;

     (b) If the defendant is so released, the amount of bail required, if any; and

     (c) Of the final disposition of the criminal case in which the victim or witness was directly involved.

 


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     2.  A request for information pursuant to subsection 1 must be made:

     (a) In writing; or

     (b) By telephone through an automated or computerized system of notification, if such a system is available.

     3.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

     (a) To each witness, documentation that includes:

           (1) A form advising the witness of the right to be notified pursuant to subsection 5;

           (2) The form that the witness must use to request notification in writing; and

           (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

     (b) To each person listed in subsection 4, documentation that includes:

           (1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and [213.130;] section 3 of this act;

           (2) The forms that the person must use to request notification; and

           (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.

     4.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:

     (a) A person against whom the offense is committed.

     (b) A person who is injured as a direct result of the commission of the offense.

     (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

     (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

     (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

     5.  Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.

     6.  If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

     (a) The immediate family of the victim if the immediate family provides their current address;

     (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides a current address; and

     (c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,

Ê before the offender is released from prison.

 


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     7.  The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.

     8.  As used in this section:

     (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

     (b) “Sexual offense” means:

           (1) Sexual assault pursuant to NRS 200.366;

           (2) Statutory sexual seduction pursuant to NRS 200.368;

           (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

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

           (5) Incest pursuant to NRS 201.180;

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

           (7) Open or gross lewdness pursuant to NRS 201.210;

           (8) Indecent or obscene exposure pursuant to NRS 201.220;

           (9) Lewdness with a child pursuant to NRS 201.230;

           (10) Sexual penetration of a dead human body pursuant to NRS 201.450;

           (11) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

           (12) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

           (13) An attempt to commit an offense listed in this paragraph.

     Sec. 8.  NRS 213.130 is hereby repealed.

     Sec. 9.  This act becomes effective upon passage and approval.

________

 


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ê2011 Statutes of Nevada, Page 72ê

 

CHAPTER 24, AB 33

Assembly Bill No. 33–Committee on Commerce and Labor

 

CHAPTER 24

 

[Approved: May 10, 2011]

 

AN ACT relating to psychologists; requiring the Board of Psychological Examiners to investigate certain complaints; authorizing the Board to issue a cease and desist order to a person who practices psychology in this State without a license; authorizing the Board to issue a citation to a person who practices psychology in this State without a license; requiring the Board to impose an administrative fine against a person who practices psychology in this State without a license; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Board of Psychological Examiners to license and regulate the conduct of psychologists and the practice of psychology in this State. (NRS 641.100, 641.110, 641.112, 641.230-641.320) Existing law also prohibits persons from practicing psychology in this State without a license. (NRS 641.390)

       This bill requires the Board to investigate any complaint which alleges that a person is practicing psychology in this State without a license and authorizes the Board to issue a cease and desist order to any person who the Board determines is practicing psychology in this State without a license. Additionally, if the Board determines that a person is practicing psychology without a license, this bill requires the Board to provide to the Attorney General a written summary of that determination and any information relating to the violation.

       In addition to the Board’s existing authority to seek an injunction against any person who practices psychology without a license, this bill: (1) authorizes the Board to issue a citation to such a person; and (2) establishes administrative fines which the Board must impose against such a person.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 641 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Board shall conduct an investigation of each complaint filed pursuant to NRS 641.250 which sets forth reason to believe that a person has violated NRS 641.390.

     2.  If, after an investigation, the Board determines that a person has violated NRS 641.390, the Board:

     (a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641.390 until the person obtains the proper license from the Board;

     (b) May issue a citation to the person; and

     (c) Shall provide a written summary of the Board’s determination and any information relating to the violation to the Attorney General.

     3.  A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5.

 


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must inform the person of the provisions of subsection 5. Each violation of NRS 641.390 constitutes a separate offense for which a separate citation may be issued.

     4.  For any person who violates the provisions of NRS 641.390, the Board shall assess an administrative fine of:

     (a) For a first violation, $500.

     (b) For a second violation, $1,000.

     (c) For a third or subsequent violation, $1,500.

     5.  To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Board within 30 days after the date of issuance of the citation.

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

________

CHAPTER 25, AB 55

Assembly Bill No. 55–Committee on Commerce and Labor

 

CHAPTER 25

 

[Approved: May 10, 2011]

 

AN ACT relating to dentistry; authorizing the Board of Dental Examiners of Nevada to issue a holder of a limited license a permit to perform certain dental practices; requiring the Board to adopt regulations relating to such permits; revising the requirements for the issuance of a limited license; authorizing the Board to impose certain fees to recover the costs of certain examinations; revising the eligibility requirements for dental hygienists; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law: (1) authorizes the Board of Dental Examiners of Nevada to issue a limited license to practice dentistry or dental hygiene, without a clinical examination, to a person who contracts with the Nevada System of Higher Education and who satisfies certain other requirements; (2) requires the holder of a limited license to practice dentistry or dental hygiene only in accordance with the contract and at the educational or outpatient clinic, hospital or other facility where the person is employed; and (3) prohibits the holder of a limited license from engaging in the private practice of dentistry or dental hygiene or accepting other compensation for the practice of dentistry or dental hygiene. (NRS 631.271) Section 1 of this bill: (1) authorizes an applicant for a limited license to satisfy one of the requirements for such licensure by successfully passing a clinical examination; (2) authorizes the Board to issue a permit to the holder of a limited license which allows the holder of the limited license to engage in the private practice of dentistry and to accept compensation for dental services from entities other than that with which the license holder has contracted; and (3) requires the Board to prescribe, by regulation, the standards, conditions and other requirements for the issuance of such permits.

       Section 2 of this bill authorizes the Board of Dental Examiners of Nevada to charge a fee of $2,500 for administering a clinical examination in dentistry and a fee of $1,500 for administering a clinical examination in dental hygiene.

       Section 1.5 of this bill provides that a person desiring to obtain a license to practice dental hygiene may successfully pass a clinical examination approved by the Board of Dental Examiners of Nevada and the American Board of Dental Examiners to meet the eligibility requirements for a license.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 631.271 is hereby amended to read as follows:

     631.271  1.  The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to practice dentistry or dental hygiene to a person who:

     (a) Is qualified for a license to practice dentistry or dental hygiene in this State;

     (b) Pays the required application fee;

     (c) Has entered into a contract with [the] :

           (1) The Nevada System of Higher Education to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the Nevada System of Higher Education; or

           (2) An accredited program of dentistry or dental hygiene of an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the institution and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization;

     (d) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate; and

     (e) Satisfies at least one of the following requirements:

           (1) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

           (2) Presents to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the person has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board; [or]

           (3) Successfully passes a clinical examination approved by the Board and the American Board of Dental Examiners; or

           (4) Has the educational or outpatient clinic, hospital or other facility where the person will provide services as a dental intern or dental resident in an internship or residency program submit to the Board written confirmation that the person has been appointed to a position in the program and is a citizen of the United States or is lawfully entitled to remain and work in the United States. If a person qualifies for a limited license pursuant to this subparagraph, the limited license remains valid only while the person is actively providing services as a dental intern or dental resident in the internship or residency program, is lawfully entitled to remain and work in the United States and is in compliance with all other requirements for the limited license.

     2.  The Board shall not issue a limited license to a person:

     (a) Who has been issued a license to practice dentistry or dental hygiene if:

 


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           (1) The person is involved in a disciplinary action concerning the license; or

           (2) The license has been revoked or suspended; or

     (b) Who has been refused a license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

     3.  [A] Except as otherwise provided in subsection 4, a person to whom a limited license is issued pursuant to subsection 1:

     (a) May practice dentistry or dental hygiene in this State only:

           (1) At the educational or outpatient clinic, hospital or other facility where the person is employed; and

           (2) In accordance with the contract required by paragraph (c) of subsection 1.

     (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to the person by the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene [.] pursuant to paragraph (c) of subsection 1.

     4.  The Board may issue a permit authorizing a person who holds a limited license to engage in the practice of dentistry or dental hygiene in this State and to accept compensation for such practice as may be paid to the person by entities other than the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene with whom the person is under contract pursuant to paragraph (c) of subsection 1. The Board shall, by regulation, prescribe the standards, conditions and other requirements for the issuance of a permit.

     5.  A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless the holder no longer satisfies the requirements for the limited license. The holder of a limited license may, upon compliance with the applicable requirements set forth in NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

     [5.] 6.  A permit issued pursuant to subsection 4 expires on the date that the holder’s limited license expires and may be renewed when the limited license is renewed, unless the holder no longer satisfies the requirements for the permit.

     7.  Within 7 days after the termination of a contract required by paragraph (c) of subsection 1, the holder of a limited license shall notify the Board of the termination, in writing, and surrender the limited license and a permit issued pursuant to this section, if any, to the Board.

     [6.] 8.  The Board may revoke a limited license and a permit issued pursuant to this section, if any, at any time upon submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

     Sec. 1.5.  NRS 631.300 is hereby amended to read as follows:

     631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the Board to determine eligibility:

 


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     (a) Except as otherwise provided in NRS 622.090, must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental hygiene or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75; and

     (b) Except as otherwise provided in this chapter, must:

           (1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners;

          (2) Successfully complete a clinical examination in dental hygiene given by the Board which examines the applicant’s practical knowledge of dental hygiene and which includes, but is not limited to, demonstrations in the removal of deposits from, and the polishing of, the exposed surface of the teeth; or

           [(2)] (3) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

     2.  The clinical examination given by the Board must include components that are:

     (a) Written or oral, or a combination of both; and

     (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

     3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

     4.  All persons who have satisfied the requirements for licensure as a dental hygienist must be registered as licensed dental hygienists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

     Sec. 2.  NRS 631.345 is hereby amended to read as follows:

     631.345  1.  Except as otherwise provided in NRS 631.2715, the Board shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:

 

Application fee for an initial license to practice dentistry.......................................................... $1,500

Application fee for an initial license to practice dental hygiene...................................................... 750

Application fee for a specialist’s license to practice dentistry......................................................... 300

Application fee for a limited license or restricted license to practice dentistry or dental hygiene.... 300

Fee for administering a clinical examination in dentistry........................................................... 2,500

Fee for administering a clinical examination in dental hygiene................................................. 1,500

 


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Application and examination fee for a permit to administer general anesthesia, conscious sedation or deep sedation.......................................................................................................................... $750

Fee for any reinspection required by the Board to maintain a permit to administer general anesthesia, conscious sedation or deep sedation......................................................................................... 500

Biennial renewal fee for a permit to administer general anesthesia, conscious sedation or deep sedation.................................................................................................................................... 600

Fee for the inspection of a facility required by the Board to renew a permit to administer general anesthesia, conscious sedation or deep sedation....................................................................... 350

Biennial license renewal fee for a general license, specialist’s license, temporary license or restricted geographical license to practice dentistry............................................................................... 1,000

Annual license renewal fee for a limited license or restricted license to practice dentistry............. 300

Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental hygiene.............................................................................................. 600

Annual license renewal fee for a limited license to practice dental hygiene................................... 300

Biennial license renewal fee for an inactive dentist........................................................................ 400

Biennial license renewal fee for a dentist who is retired or has a disability.................................... 100

Biennial license renewal fee for an inactive dental hygienist.......................................................... 200

Biennial license renewal fee for a dental hygienist who is retired or has a disability...................... 100

Reinstatement fee for a suspended license to practice dentistry or dental hygiene......................... 500

Reinstatement fee for a revoked license to practice dentistry or dental hygiene............................. 500

Reinstatement fee to return a dentist or dental hygienist who is inactive, retired or has a disability to active status.............................................................................................................................. 500

Fee for the certification of a license................................................................................................. 50

 

     2.  Except as otherwise provided in this subsection, the Board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The Board shall not charge a nonprofit organization or an agency of the State or of a political subdivision of the State a fee to review a course of continuing education.

     3.  All fees prescribed in this section are payable in advance and must not be refunded.

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

________

 


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CHAPTER 26, AB 121

Assembly Bill No. 121–Committee on Judiciary

 

CHAPTER 26

 

[Approved: May 10, 2011]

 

AN ACT relating to courts; revising certain provisions relating to the security of court facilities; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Supreme Court, or a majority thereof, to designate as Bailiff of the Supreme Court: (1) certain law clerks employed by the Supreme Court; or (2) the Sheriff of Carson City. (NRS 2.290) Section 2.5 of this bill removes such provisions and instead authorizes the Supreme Court, or a majority thereof, to designate as Bailiff of the Supreme Court certain persons who are appointed and employed by the Supreme Court to provide for the safety and security of the justices and employees of the Supreme Court and to carry out certain police duties at the direction of the Chief Justice of the Supreme Court. Section 2.7 of this bill provides that such persons appointed and employed by the Supreme Court have the powers of a category I peace officer when carrying out duties prescribed by the Chief Justice.

       Section 5 of this bill authorizes certain personnel of the Capitol Police Division of the Department of Public Safety to provide, under certain circumstances, security services to the justices of the Supreme Court while such justices are working at any location in the State of Nevada. Section 6 of this bill authorizes the Supreme Court to contract with independent contractors to provide security services for any facility or building that is owned by or leased to the Supreme Court and occupied by its employees. Section 7 of this bill specifies that nothing in this bill may be construed to abrogate or alter certain existing provisions of law that relate to the jurisdiction of the Chief of the Buildings and Grounds Division of the Department of Administration and the functions and responsibilities of the Capitol Police Division.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1 and 2.  (Deleted by amendment.)

     Sec. 2.3.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Supreme Court, or a majority thereof, is authorized to appoint and employ one or more persons to provide for the safety and security of the justices and employees of the Supreme Court and to carry out any necessary police duties at the direction of the Chief Justice to maintain safe and reasonable access to justice for residents of Nevada.

     Sec. 2.5.  NRS 2.290 is hereby amended to read as follows:

     2.290  The Supreme Court, or a majority thereof, is authorized to designate [:

     1.  One of the law clerks employed pursuant to NRS 2.300 to act as Bailiff of the Supreme Court without additional compensation; or

     2.  The Sheriff of Carson City to act as Bailiff of the Supreme Court. For his or her services as Bailiff, either in person or by deputy, the Sheriff shall receive from the State, in full payment for such services, the sum of $50 per calendar month when actually in attendance upon the Court, such sum to be paid by the State Treasurer out of the biennial appropriation therefor.

 


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be paid by the State Treasurer out of the biennial appropriation therefor. The Sheriff, as Bailiff, shall retain to his or her own use all moneys received under the provisions of this subsection.] any person appointed and employed pursuant to section 2.3 of this act to act as Bailiff of the Supreme Court.

     Sec. 2.7.  Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

     Any person appointed and employed by the Supreme Court pursuant to section 2.3 of this act has the powers of a peace officer pursuant to NRS 289.460 when the person is carrying out duties prescribed by the Chief Justice.

     Sec. 3.  NRS 289.470 is hereby amended to read as follows:

     289.470  “Category II peace officer” means:

     1.  [The Bailiff of the Supreme Court;

     2.]  The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;

     [3.] 2.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

     [4.] 3.  Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

     [5.] 4.  Parole and probation officers;

     [6.] 5.  Special investigators who are employed full-time by the office of any district attorney or the Attorney General;

     [7.] 6.  Investigators of arson for fire departments who are specially designated by the appointing authority;

     [8.] 7.  The assistant and deputies of the State Fire Marshal;

     [9.] 8.  The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

     [10.] 9.  The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;

     [11.] 10.  Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;

     [12.] 11.  School police officers employed by the board of trustees of any county school district;

     [13.] 12.  Agents of the State Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

     [14.] 13.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;

     [15.]  14.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;

     [16.] 15.  Legislative police officers of the State of Nevada;

     [17.] 16.  The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140;

 


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     [18.] 17.  Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;

     [19.] 18.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

     [20.] 19.  Field investigators of the Taxicab Authority;

     [21.] 20.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;

     [22.]  21.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;

     [23.] 22.  Criminal investigators who are employed by the Secretary of State; and

     [24.] 23.  The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.

     Sec. 4.  NRS 289.480 is hereby amended to read as follows:

     289.480  “Category III peace officer” means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection [24] 23 of NRS 289.470.

     Sec. 5.  NRS 331.140 is hereby amended to read as follows:

     331.140  1.  The Chief shall take proper care to prevent any unlawful activity on or damage to any state property under the supervision and control of the Chief, and to protect the safety of any persons on that property.

     2.  The Director of the Department of Public Safety shall appoint to the Capitol Police Division of that Department such personnel as may be necessary to assist the Chief of the Buildings and Grounds Division in the enforcement of subsection 1. The salaries and expenses of the personnel appointed pursuant to this subsection must, within the limits of legislative authorization, be paid out of the Buildings and Grounds Operating Fund.

     3.  Personnel of the Capitol Police Division who are assigned to protect the safety of the justices of the Supreme Court have the authority to provide any necessary security services, at the request of the Court Administrator, to the justices of the Supreme Court while the justices are performing work duties at any location in this State. No money may be expended from the Buildings and Grounds Operating Fund for such security services unless the money has been specifically appropriated for such a purpose.

     Sec. 6.  NRS 333.710 is hereby amended to read as follows:

     333.710  1.  If personnel of the Capitol Police Division of the Department of Public Safety are not available to provide security services for a building, office or other facility of a using agency, the using agency may, pursuant to NRS 333.700, contract with one or more independent contractors to provide such services.

     2.  If the Chief Justice of the Supreme Court determines that additional security is needed for the safe operation of any facility or building that is owned by or leased to the Supreme Court and occupied by its employees, the Supreme Court may contract with one or more independent contractors to provide security services for the facility or building.

 


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building. Any contractor with whom the Supreme Court contracts for these services is subject to the oversight of a peace officer who provides security services for the Supreme Court and who is designated and directed by the Chief Justice.

     3.  An independent contractor with whom a using agency contracts pursuant to subsection 1 must:

     (a) Be licensed as a private patrol officer pursuant to chapter 648 of NRS or employed by a person so licensed; and

     (b) Possess the skills required of and meet the same physical requirements as law enforcement personnel certified by the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500.

     4.  An independent contractor with whom the Supreme Court contracts pursuant to subsection 2 must be licensed as a private patrol officer pursuant to chapter 648 of NRS or employed by a person so licensed.

     Sec. 6.5.  Nothing in this act may be construed to abrogate or alter the provisions of NRS 331.070 or 480.140.

     Sec. 7.  This act becomes effective on July 1, 2011.

________

CHAPTER 27, AB 125

Assembly Bill No. 125–Committee on Judiciary

 

CHAPTER 27

 

[Approved: May 10, 2011]

 

AN ACT relating to criminal records; revising the crimes against older persons that are required to be reported to the Repository for Information Concerning Crimes Against Older Persons; requiring that certain information be included in the record maintained by the Repository; requiring the annual reporting of statistical data concerning such crimes to the Legislature; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires that the Repository for Information Concerning Crimes Against Older Persons contain a record of all reports of crimes against older persons committed in this State, authorizes the inclusion of certain information in the record maintained by the Repository and requires the Director of the Department of Public Safety to compile, analyze and submit a report to the Legislature that sets forth statistical data on all crimes committed against older persons. (NRS 179A.450) This bill revises the crimes against older persons that are required to be reported to the Repository to include only reports of the abuse, neglect, exploitation or isolation of older persons, and requires the record maintained by the Repository to include certain information concerning such crimes. This bill also revises the statistical data required to be compiled, analyzed and submitted to the Legislature to include the abuse, neglect, exploitation and isolation of older persons. Finally, this bill provides that any data and findings generated from the Repository must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation or isolation of older persons.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 179A.450 is hereby amended to read as follows:

     179A.450  1.  The Repository for Information Concerning Crimes Against Older Persons is hereby created within the Central Repository.

     2.  The Repository for Information Concerning Crimes Against Older Persons must contain a complete and systematic record of all reports of [crimes against older persons committed] the abuse, neglect, exploitation or isolation of older persons in this State. The record must be prepared in a manner approved by the Director of the Department and [may] must include, without limitation, the following information:

     (a) All incidents that are reported to any entity.

     (b) All cases that are currently under investigation and the type of such cases.

     (c) All cases that are referred for prosecution and the type of such cases.

     (d) All cases in which prosecution is declined or dismissed and any reason for such action.

     (e) All cases that are prosecuted and the final disposition of such cases.

     (f) All cases that are resolved by agencies which provide protective services and the type of such cases.

     3.  The Director of the Department shall compile and analyze the data collected pursuant to this section to assess the incidence of [crimes against] the abuse, neglect, exploitation or isolation of older persons.

     4.  On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on [crimes against] the abuse, neglect, exploitation or isolation of older persons.

     5.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of [a crime.] the abuse, neglect, exploitation or isolation of older persons.

     6.  As used in this section [, “older] :

     (a) “Abuse” has the meaning ascribed to it in NRS 200.5092.

     (b) “Exploitation” has the meaning ascribed to it in NRS 200.5092.

     (c) “Isolation” has the meaning ascribed to it in NRS 200.5092.

     (d) “Neglect” has the meaning ascribed to it in NRS 200.5092.

     (e) “Older person” means a person who is 60 years of age or older.

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CHAPTER 28, AB 464

Assembly Bill No. 464–Committee on Judiciary

 

CHAPTER 28

 

[Approved: May 10, 2011]

 

AN ACT relating to statutes; ratifying certain technical corrections made to sections of NRS; correcting the effective dates of certain provisions, correcting and clarifying certain provisions and repealing certain provisions of Statutes of Nevada; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill corrects an error in section 1 of chapter 261, Statutes of Nevada 2005 (A.B. 348), at page 936, the source of NRS 484B.320. Although section 2 of A.B. 348, at page 938, amended former NRS 484.3667 (now NRS 484B.130) to impose a double penalty for a violation of NRS 484B.320 in a work zone, section 1 of A.B. 348 inadvertently failed to include a provision specifying the applicability of that penalty. Section 1 of A.B. 348 has therefore been revised accordingly to include such a provision as subsection 7 of that section.

       Section 2 of this bill corrects an error in the amendment of NRS 286.523 by chapter 316, Statutes of Nevada 2005 (S.B. 485), at page 1076. Although section 2 of S.B. 485, at page 1077, extended the expiration date for section 1 of chapter 490, Statutes of Nevada 2001, the source of NRS 286.523, S.B. 485 inadvertently failed to extend the expiration date for the amendments to NRS 286.523 contained in section 20 of chapter 363, Statutes of Nevada 2003 (S.B. 439), at page 2062, which were not intended to expire before the remaining provisions of NRS 286.523. To correct this technical error, section 45 of S.B. 439, at page 2075, which contains the effective dates for the provisions of S.B. 439, has been revised as necessary to prevent the expiration of those amendments before NRS 286.523 ceases to be effective.

       Section 3 of this bill corrects an error in chapter 47, Statutes of Nevada 2009 (A.B. 280), at page 118, which amended the Uniform Interstate Family Support Act. Pursuant to section 91 of A.B. 280, at page 140, A.B. 280 was made to become 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. However, section 90 of A.B. 280, at page 140, would have inadvertently applied the provisions of A.B. 280 on an unrelated and irrelevant date. To correct this technical error, section 90 of A.B. 280 has been revised as necessary to refer to the appropriate date.

       Section 4 of this bill corrects an error in chapter 64, Statutes of Nevada 2009 (S.B. 314), at page 174, which replaced the provisions regarding a durable power of attorney for health care that were formerly set forth in chapter 449 of NRS with the provisions now codified as NRS 162A.700-162A.860. Section 61 of S.B. 314 (codified as NRS 162A.740), at page 198, which was intended to duplicate the definition of “health care facility” that was formerly set forth in NRS 449.800, inadvertently failed to clarify the intended meaning of the terms used in that definition. To correct this technical error, section 61 of S.B. 314 has been revised as necessary to retain the meaning of those terms which applied in chapter 449 of NRS.

 


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       Section 5 of this bill corrects an error in chapter 223, Statutes of Nevada 2009 (S.B. 245), at page 836, which replaced various provisions regarding regional transportation commissions that were formerly set forth in chapter 373 of NRS with various provisions now set forth in chapter 277A of NRS. Although section 27 of S.B. 245 (codified as NRS 277A.270), at page 841, was intended to replace the provisions set forth in NRS 373.1165, S.B. 245 inadvertently failed to repeal those replaced provisions. Section 64 of S.B. 245, at page 870, has therefore been revised as necessary to correct this technical error.

       Section 6 of this bill corrects an error in the amendment of NRS 392.420 by chapter 285, Statutes of Nevada 2009 (A.B. 191), at page 1202. Section 2 of A.B. 191, at page 1204, which was intended to extend the prospective expiration of the provisions of subsection 2 of NRS 392.420, inadvertently amended a provision that was repealed by section 8 of chapter 369, Statutes of Nevada 2009, at page 1857, and which would have caused the expiration of certain provisions that were not intended to expire. To correct this technical error, section 2 of A.B. 191 has been revised as necessary to delete the repealed provision and prevent the unintended expiration.

       Section 7 of this bill corrects an error in the amendment of NRS 362.170 by chapter 287, Statutes of Nevada 2009 (A.B. 205), at page 1208. Although the provisions of A.B. 205 were intended only to extend the prospective expiration of the amendment to paragraph (c) of subsection 2 of NRS 362.170 set forth in section 43 of chapter 496, Statutes of Nevada 2005, at page 2667, A.B. 205 failed to properly account for and would have inadvertently repealed the unrelated amendment to subsection 1 of NRS 362.170 set forth in section 5 of chapter 4, Statutes of Nevada 2008, 25th Special Session, at page 17, which was not intended to be affected by A.B. 205. To correct this technical error, the provisions of A.B. 205 have been amended as necessary to avoid any effect on that unrelated amendment.

       Section 8 of this bill corrects an error in chapter 295, Statutes of Nevada 2009 (S.B. 162), at page 1258. S.B. 162, which revised the period for filing declarations of candidacy for election, inadvertently failed to revise accordingly the period for filing a declaration of candidacy for election to the governing board of the Moapa Valley Water District. Section 7 of the Moapa Valley Water District Act has therefore been revised as necessary to correct this technical error.

       Section 9 of this bill corrects errors in chapter 321, Statutes of Nevada 2009 (S.B. 358), at page 1364. Although the provisions of section 19.4 of S.B. 358, at page 1406, the source of NRS 338.1908, and the provisions of section 1.51 of S.B. 358, at page 1371, which amended NRS 701.180, were carried forward into subsequent amendments by S.B. 358, each of those sections was inadvertently made to expire by limitation. Section 21 of S.B. 358, at page 1410, which contains the effective dates for the provisions of S.B. 358, has therefore been revised as necessary to correct this technical error.

       Section 10 of this bill corrects errors in chapter 331, Statutes of Nevada 2009 (A.B. 162), at page 1464. Although A.B. 162 amended chapter 641 of NRS, which provides for the licensure of psychologists, to include additional provisions for the licensure of behavior analysts and assistant behavior analysts and the certification of autism behavior interventionists, A.B. 162 inadvertently failed to amend accordingly:

       1.  The provisions of NRS 641.112, 641.175, 641.190, 641.220 and 641.242 to account for the additional licenses and certificates; and

       2.  The provisions of NRS 641.271 to replace an obsolete reference to the certification of psychologists.

Ê The provisions of A.B. 162 have therefore been revised as necessary to correct these technical errors.

 


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       Section 11 of this bill corrects errors in the expiration of NRS 645C.655, as amended by section 12 of chapter 338, Statutes of Nevada 2009 (A.B. 287), at page 1516, and NRS 645C.700, as created by section 20 of A.B. 287, at page 1519. The provisions of sections 12 and 20 of A.B. 287, which apply to the registration of appraisal management companies, were included in that bill to comply with certain federal requirements relating to the enforcement of child support. Although chapter 501, Statutes of Nevada 2005 (S.B. 163), at page 2697, provides for the uniform expiration of such occupational licensing provisions included in title 54 of NRS on the date which is 2 years after the date of the repeal of those federal requirements, sections 12 and 20 of A.B. 287 were inadvertently not made to expire consistently with the requirements of S.B. 163. Section 28 of A.B. 287, at page 1523, which contains the effective dates for the provisions of A.B. 287, has therefore been revised as necessary to correct this technical error.

       Section 12 of this bill corrects an error in the amendment of NRS 287.043 by section 9 of chapter 351, Statutes of Nevada 2009 (S.B. 103), at page 1584. Although the amendatory provisions of section 9 of S.B. 103 were carried forward into the subsequent amendment of NRS 287.043 by section 10 of S.B. 103, at page 1587, section 9 of S.B. 103 was inadvertently made to expire by limitation. Section 20 of S.B. 103, at page 1595, which contains the effective dates for the provisions of S.B. 103, has therefore been revised as necessary to correct this technical error.

       Section 13 of this bill corrects errors in chapter 361, Statutes of Nevada 2009 (S.B. 350), at page 1671, which contains various technical corrections to the statutory provisions governing business associations. Although sections 53 and 54 of S.B. 350, at page 1711, respectively amended subsection 1 of NRS 88.570 and subsection 2 of NRS 88.575 to account for foreign limited partnerships that are organized under the laws of a jurisdiction which is not a state, S.B. 350 inadvertently failed to amend accordingly the provisions of subsection 5 of NRS 87A.540, NRS 87A.550, subsection 4 of NRS 88.315, subsection 5 of NRS 88.575 and NRS 88.585 to maintain statutory consistency. To correct this technical error, those provisions have been revised as necessary to account for those foreign limited partnerships.

       Section 14 of this bill corrects an error in the amendment of NRS 696A.300 by section 96 of chapter 365, Statutes of Nevada 2009 (S.B. 426), at page 1823. Although the provisions of section 3 of S.B. 426 (codified as NRS 680C.110), at page 1761, require the deposit of all the fees imposed pursuant to that section into the Fund for Insurance Administration and Enforcement created by section 2 of S.B. 426 (codified as NRS 680C.100), at page 1761, section 96 of S.B. 426 would have inadvertently provided for the deposit of some of those fees into the State General Fund. To correct this technical error, section 96 of S.B. 426 has been revised as necessary to clarify the required deposit of those fees into the Fund for Insurance Administration and Enforcement.

       Section 15 of this bill corrects an error in chapter 370, Statutes of Nevada 2009 (S.B. 89), at page 1899, which requires the licensing pursuant to chapter 489 of NRS of persons who service manufactured buildings and factory-built housing. Although section 83 of S.B. 89, at page 1935, amended NRS 624.3015 to authorize the imposition of disciplinary action against a contractor licensed pursuant to chapter 624 of NRS who constructs or repairs a manufactured building or factory-built housing without being licensed pursuant to chapter 489 of NRS, S.B. 89 inadvertently failed to amend NRS 624.284 accordingly to clarify that a contractor’s license issued pursuant to chapter 624 of NRS does not authorize such construction or repair. NRS 624.284 has therefore been revised as necessary to correct this technical error.

 


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       Section 16 of this bill corrects an inappropriate reference to the Nevada Energy Commissioner in section 28 of chapter 377, Statutes of Nevada 2009 (A.B. 522), at page 2004, the source of NRS 701A.300 to 701A.390, inclusive. Subsection 9 of section 28 of A.B. 522 (codified as NRS 701A.380), at page 2007, which requires the Commissioner to provide notice of the termination of a partial tax abatement to the Director of the Office of Energy for further dissemination, would have inadvertently required the Director to provide the same notice back to the Commissioner and then required the Commissioner to notify affected local governments. To correct this technical error consistently with the provisions of subsection 8 of section 28 of A.B. 522 (codified as NRS 701A.375), at page 2007, which provides for the dissemination of information to affected local governments by the Department of Taxation, paragraph (a) of subsection 9 of section 28 of A.B. 522 has been revised to substitute a reference to the “Department of Taxation” for the inappropriate reference to the “Commissioner,” and this revision has been carried forward into the amendment of that section by section 106.5 of A.B. 522, at page 2010.

       Section 17 of this bill corrects an error in chapter 390, Statutes of Nevada 2009 (S.B. 234), at page 2140. The amendatory provisions of section 9 of S.B. 234, at page 2145, which related to and were dependent upon certain other provisions of S.B. 234 that were deleted by amendment during the 2009 Legislative Session, do not logically stand alone and should have been deleted with the provisions to which they related. To correct this technical error, section 9 of S.B. 234 has likewise been deleted by amendment.

       Section 18 of this bill corrects errors in chapter 393, Statutes of Nevada 2009 (S.B. 283), at page 2183. Section 6 of S.B. 283 (codified as NRS 122A.100), at page 2184, which provides for the registration of domestic partnerships in this State, primarily contains provisions that apply solely to the formation of such a partnership in this State. Since section 10 of S.B. 283 (codified as NRS 122A.500), at page 2186, authorizes the registration pursuant to section 6 of S.B. 283 of similar legal unions validly formed in other jurisdictions, subsection 3 of section 6 of S.B. 283 and section 10 of S.B. 283 have been revised as necessary to clarify that the parties to those similar legal unions are not required to comply with the requirements for registration that apply solely to the formation of domestic partnerships in this State.

       Section 19 of this bill corrects errors in chapter 422, Statutes of Nevada 2009 (S.B. 389), at page 2300. In particular:

       1.  Section 21 of S.B. 389, at page 2322, which amended NRS 385.376, inadvertently failed to include a pertinent internal reference to section 3 of that bill. Section 21 of S.B. 389 has therefore been revised to include that pertinent reference.

       2.  Section 21.7 of S.B. 389, at page 2326, which amended NRS 386.605, inadvertently included an erroneous internal reference to “section 2 or 3.5” of that bill instead of the appropriate reference to NRS “385.3745 or 385.3746.” Section 21.7 of S.B. 389 has therefore been revised to specify the appropriate reference.

       Section 20 of this bill corrects errors in chapter 428, Statutes of Nevada 2009 (S.B. 434), at page 2366. In particular:

       1.  S.B. 434, which transferred the provisions governing the certification of intermediary service organizations from chapter 426 of NRS to chapter 427A of NRS, inadvertently failed to transfer accordingly a provision from former NRS 426.245 regarding the adoption of regulations governing such certification. To correct this technical error, section 42 of S.B. 434 (codified as NRS 427A.727), at page 2389, has been revised as necessary to include that provision as subsection 1 of that section.

       2.  Sections 32, 33 and 39 of S.B. 434 (respectively codified as NRS 427A.707, 427A.709 and 427A.721), at pages 2387 and 2388, which are intended to be effective only until the repeal of certain federal requirements relating to the enforcement of child support, were inadvertently not made to expire by limitation upon the repeal of the specific federal law intended. Section 93 of S.B. 434, at page 2407, which contains the effective dates for the provisions of S.B. 434, has therefore been revised as necessary to correct this technical error.

 


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       Section 21 of this bill corrects an error in chapter 446, Statutes of Nevada 2009 (A.B. 202), at page 2497, which makes various changes to the statutory provisions governing the occupations of cosmetology. Although section 1.8 of A.B. 202, at page 2498, amended NRS 644.0205 to repeal a limitation on the practice of an aesthetician regarding the treatment of the scalp, A.B. 202 inadvertently failed to amend NRS 644.110 accordingly to repeal a related limitation on the regulatory authority of the State Board of Cosmetology. NRS 644.110 has therefore been revised as necessary to correct this technical error.

       Section 22 of this bill corrects an error in section 10 of chapter 480, Statutes of Nevada 2009 (S.B. 395), at page 2755, the source of NRS 341.144. Subsection 5 of section 10 of S.B. 395 inadvertently defined a term used in that section as having the meaning ascribed to the term in NRS 701A.220, which had previously expired by limitation. To correct this technical error, section 10 of S.B. 395 has been amended as necessary to reproduce the pertinent definitional provisions that were set forth in NRS 701A.220 before that section expired by limitation.

       Section 23 of this bill corrects an error in the amendment of NRS 84.020 by section 16.6 of chapter 488, Statutes of Nevada 2009 (S.B. 55), at page 2836. Although the amendatory provisions of section 16.6 of S.B. 55 were carried forward into and further amended by section 16.8 of S.B. 55, at page 2386, section 16.6 of S.B. 55 was inadvertently made to expire by limitation. Section 56 of S.B. 55, at page 2861, which contains the effective dates for the provisions of S.B. 55, has therefore been revised as necessary to correct this technical error.

       Section 24 of this bill corrects an error in section 3 of chapter 495, Statutes of Nevada 2009 (S.B. 295), at page 3001, the source of NRS 631.3456. Subsection 2 of section 3 of S.B. 295 inadvertently included an erroneous internal reference to NRS 631.346 instead of the appropriate reference to NRS 631.3465. To correct this technical error, section 3 of S.B. 295 has been revised to substitute the appropriate internal reference.

       Section 25 of this bill corrects an error in the amendment of NRS 616D.120 by section 10 of chapter 500, Statutes of Nevada 2009 (S.B. 195), at page 3040. NRS 616D.120, as amended by section 13.8 of chapter 269, Statutes of Nevada 2009 (S.B. 361), at page 1131, provides for the imposition of benefit penalties for certain violations relating to industrial insurance against an insurer, an organization for managed care, a health care provider, a third-party administrator, an employer or an employee leasing company. Subsection 4 of section 10 of S.B. 195, which requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to adopt regulations for determining the amount of a benefit penalty in cases of multiple violations occurring within a certain period of time, inadvertently failed to authorize the Administrator to include in those regulations any consideration of the claims handled by employee leasing companies. To correct this technical error, the amendatory provisions of subsection 4 of section 10 of S.B. 195 have been revised to add a specific reference to employee leasing companies.

       Section 26 of this bill corrects errors in chapter 504, Statutes of Nevada 2009 (S.B. 394), at page 3076, which provides for the licensing of dealers, manufacturers and lessors of off-highway vehicles. In particular:

       1.  Section 40 of S.B. 394 (codified as NRS 490.270), at page 3095, and section 42 of S.B. 394 (codified as NRS 490.290), at page 3097, which establish bonding requirements for those licensees, inadvertently failed to account for the provisions of section 41 of S.B. 394 (codified as NRS 490.280), at page 3096, which authorizes certain deposits in lieu of a bond. To correct these technical errors:

       (a) Subsection 1 of section 40 of S.B. 394 has been revised to recognize the exception provided by section 41 of S.B. 394; and

       (b) Section 42 of S.B. 394 has been revised to make the appropriate references to a deposit made in lieu of a bond.

 


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       2.  Section 28 of S.B. 394 (codified as NRS 490.210), at page 3090, requires an application for such a license to include the social security number of the applicant. This provision and the provisions of sections 24 and 25 of S.B. 394 (respectively codified as NRS 490.330 and 490.340), at pages 3088 and 3089, were included in that bill to comply with certain federal requirements relating to the enforcement of child support. Although sections 24 and 25 of S.B. 394 were made to expire by limitation upon the repeal of those federal requirements, the pertinent provision of section 28 of S.B. 394 was inadvertently not made to expire accordingly. To correct this technical error, sections 28 and 63 of S.B. 394 have been revised as necessary to ensure the repeal of that provision upon the repeal of those federal requirements.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 1 of chapter 261, Statutes of Nevada 2005, at page 936, is hereby amended to read as follows:

     Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in this section:

     (a) A person shall not operate a vehicle on the highways of this State if the vehicle is equipped with any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

     (b) A person shall not operate any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

     2.  Except as otherwise provided in this subsection, a person shall not in this State sell or offer for sale any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal. The provisions of this subsection do not prohibit a person from selling or offering for sale:

     (a) To a provider of mass transit, a signal prioritization device; or

     (b) To a response agency, a signal preemption device or a signal prioritization device, or both.

     3.  A police officer:

     (a) Shall, without a warrant, seize any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal; or

     (b) May, without a warrant, seize and take possession of a vehicle equipped with any device or mechanism that is capable of interfering with or altering the signal of a traffic-control signal, including, without limitation, a mobile transmitter, if the device or mechanism cannot be removed from the motor vehicle by the police officer, and may cause the vehicle to be towed and impounded until:

           (1) The device or mechanism is removed from the vehicle; and

 


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           (2) The owner claims the vehicle by paying the cost of the towing and impoundment.

     4.  Neither the police officer nor the governmental entity which employs him is civilly liable for any damage to a vehicle seized pursuant to the provisions of paragraph (b) of subsection 3 that occurs after the vehicle is seized but before the towing process begins.

     5.  Except as otherwise provided in subsection 9, the presence of any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal in or on a vehicle on the highways of this State constitutes prima facie evidence of a violation of this section. The State need not prove that the device or mechanism in question was in an operative condition or being operated.

     6.  A person who violates the provisions of subsection 1 or 2 is guilty of a misdemeanor.

     7.  A person who violates any provision of subsection 1 or 2 may be subject to the additional penalty set forth in NRS 484.3667.

     8.  A provider of mass transit shall not operate or cause to be operated a signal prioritization device in such a manner as to impede or interfere with the use by response agencies of signal preemption devices.

     9.  The provisions of this section do not:

     (a) Except as otherwise provided in subsection 8, prohibit a provider of mass transit from acquiring, possessing or operating a signal prioritization device.

     (b) Prohibit a response agency from acquiring, possessing or operating a signal preemption device or a signal prioritization device, or both.

     10.  As used in this section:

     (a) “Mobile transmitter” means a device or mechanism that is:

           (1) Portable, installed within a vehicle or capable of being installed within a vehicle; and

           (2) Designed to affect or alter, through the emission or transmission of sound, infrared light, strobe light or any other audible, visual or electronic method, the normal operation of a traffic-control signal.

Ê The term includes, without limitation, a signal preemption device and a signal prioritization device.

     (b) “Provider of mass transit” means a governmental entity or a contractor of a governmental entity which operates, in whole or in part:

           (1) A public transit system, as that term is defined in NRS 377A.016; or

           (2) A system of public transportation referred to in NRS 373.1165.

     (c) “Response agency” means an agency of this State or of a political subdivision of this State that provides services related to law enforcement, firefighting, emergency medical care or public safety. The term includes a nonprofit organization or private company that, as authorized pursuant to chapter 450B of NRS:

 


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           (1) Provides ambulance service; or

           (2) Provides intermediate or advanced medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility.

     (d) “Signal preemption device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

           (1) The signal, in the direction of travel of the vehicle, to remain green if the signal is already displaying a green light;

           (2) The signal, in the direction of travel of the vehicle, to change from red to green if the signal is displaying a red light;

           (3) The signal, in other directions of travel, to remain red or change to red, as applicable, to prevent other vehicles from entering the intersection; and

           (4) The applicable functions described in subparagraphs (1), (2) and (3) to continue until such time as the vehicle equipped with the device is clear of the intersection.

     (e) “Signal prioritization device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

           (1) The signal, in the direction of travel of the vehicle, to display a green light a few seconds sooner than the green light would otherwise be displayed;

           (2) The signal, in the direction of travel of the vehicle, to display a green light for a few seconds longer than the green light would otherwise be displayed; or

           (3) The functions described in both subparagraphs (1) and (2).

     (f) “Traffic-control signal” means a traffic-control signal, as defined in NRS 484.205, which is capable of receiving and responding to an emission or transmission from a mobile transmitter.

     Sec. 2.  Chapter 316, Statutes of Nevada 2005, at page 1077, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:

      Sec. 2.5.  Section 45 of chapter 363, Statutes of Nevada 2003, at page 2075, is hereby amended to read as follows:

     Sec. 45.  1.  This section and sections 1 to 26, inclusive, and 32 to 37, inclusive, and 44 of this act become effective on July 1, 2003.

     2.  Sections 27 to 31, inclusive, and 38 to 43, inclusive, of this act become effective on January 1, 2004.

     3.  Sections [20,] 21, 35 and 36 of this act expire by limitation on June 30, 2005.

     Sec. 3.  Section 90 of chapter 47, Statutes of Nevada 2009, at page 140, is hereby amended to read as follows:

     Sec. 90.  The amendatory provisions of this act apply to proceedings 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, which are 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.]

 


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which are 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.] 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.

     Sec. 4.  Section 61 of chapter 64, Statutes of Nevada 2009, at page 198, is hereby amended to read as follows:

      Sec. 61.  “Health care facility” includes:

      1.  Any medical facility as defined in NRS 449.0151; and

      2.  Any facility for the dependent as defined in NRS 449.0045.

     Sec. 5.  Section 64 of chapter 223, Statutes of Nevada 2009, at page 870, is hereby amended to read as follows:

      Sec. 64.  NRS 373.025, 373.026, 373.040, 373.050, 373.055, 373.113, 373.115, 373.116, 373.1161, 373.1163, 373.1165, 373.117, 373.118, 373.1183, 373.1185, 373.130, 373.143 and 373.146 are hereby repealed.

     Sec. 6.  Section 2 of chapter 285, Statutes of Nevada 2009, at page 1204, is hereby amended to read as follows:

      Sec. 2.  Section 5 of chapter 414, Statutes of Nevada 2007, as amended by chapter 369, Statutes of Nevada 2009, at page [1873,] 1857, is hereby amended to read as follows:

     Sec. 5.  1.  This section and sections 1 and 4 of this act become effective on July 1, 2007.

     2.  Section 2 of this act becomes effective on July 1, [2010.] 2015.

     Sec. 7.  1.  Chapter 287, Statutes of Nevada 2009, at page 1232, is hereby amended by adding thereto a new section to be designated as section 27.5, immediately following section 27, to read as follows:

      Sec. 27.5.  Section 5 of chapter 4, Statutes of Nevada 2008, 25th Special Session, at page 17, is hereby amended to read as follows:

     Sec. 5.  NRS 362.170 is hereby amended to read as follows:

     362.170  1.  There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, as estimated and paid pursuant to NRS 362.115, plus any amounts paid pursuant to NRS 362.130 by the combined rate of tax ad valorem [,] for the fiscal year to which the payments apply, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to the county. The Department shall report to the State Controller on or before May 25 of each year the amount appropriated to each county, as calculated for each operation from the [final statement made in February of that year] estimate provided pursuant to NRS 362.115 for the current calendar year and any adjustments made pursuant to NRS 362.130 for the preceding calendar year. The State Controller shall distribute all money due to a county on or before May 30 of each year. The Department shall report to the State Controller any additional payments made pursuant to paragraph (b) of subsection 1 of NRS 362.115 within 15 days after receipt of the payment, and the State Controller shall distribute the money to the appropriate county within 5 days after receipt of the report from the Department.

 


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State Controller any additional payments made pursuant to paragraph (b) of subsection 1 of NRS 362.115 within 15 days after receipt of the payment, and the State Controller shall distribute the money to the appropriate county within 5 days after receipt of the report from the Department. For the purposes of this subsection, payments made pursuant to paragraph (b) of subsection 1 of NRS 362.115 apply to the fiscal year in which the statement of the estimated net proceeds is filed pursuant to paragraph (a) of subsection 1 of NRS 362.115.

     2.  The county treasurer shall apportion to each local government or other local entity an amount calculated by:

     (a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;

     (b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to that local government or local entity; and

     (c) Subtracting from the amount determined pursuant to paragraph (b) a commission of 5 percent of that amount, of which 3 percent must be deposited in the county general fund and 2 percent must be accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor created pursuant to NRS 250.085.

     3.  The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.

     4.  The Department shall report to the State Controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.

     2.  Section 28 of chapter 287, Statutes of Nevada 2009, at page 1232, is hereby amended to read as follows:

      Sec. 28.  (Deleted by amendment.)

     3.  Section 29 of chapter 287, Statutes of Nevada 2009, at page 1233, is hereby amended to read as follows:

     Sec. 29.  [1.]  NRS 361A.155 is hereby repealed.

     [2.  Section 5 of chapter 4, Statutes of Nevada 2008, 25th Special Session, at page 17, is hereby repealed.]

     4.  Section 31 of chapter 287, Statutes of Nevada 2009, at page 1233, is hereby amended to read as follows:

     Sec. 31.  1.  This section and sections 3, 4, 27, 27.5, 28 [, subsection 2 of section 29 and section] and 30 of this act become effective upon passage and approval.

     2.  Sections 1, 2 , [and] 5 to 26, inclusive, and [subsection 1 of section] 29 of this act become effective on July 1, 2009.

 


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     Sec. 8.  Chapter 295, Statutes of Nevada 2009, at page 1273, is hereby amended by adding thereto a new section to be designated as section 18, immediately following section 17, to read as follows:

      Sec. 18.  Section 7 of the Moapa Valley Water District Act, being chapter 477, Statutes of Nevada 1983, as last amended by chapter 303, Statutes of Nevada 2003, at page 1664, is hereby amended to read as follows:

     Sec. 7.  1.  Unless otherwise required for purposes of an election to incur an indebtedness, the Registrar of Voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of the State, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results, and the preparation and disposition of ballots.

     2.  A candidate for election to the Board shall file a declaration of candidacy with the Registrar of Voters of Clark County. The declaration of candidacy must be filed not earlier than the first Monday in [May] March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in [May] March of that year. Timely filing of such a declaration is a prerequisite to election.

     3.  Each member of the Board must be elected by a plurality of the registered voters voting in the election area which the member represents. If there are two seats upon the Board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.

     4.  If a member of the Board is unopposed in seeking reelection, the Board may declare that member elected without a formal election, but that member must not participate in the declaration.

     5.  If no person files candidacy for election to a particular seat upon the Board, the seat must be filled in the manner of filling a vacancy.

     Sec. 9.  Section 21 of chapter 321, Statutes of Nevada 2009, at page 1410, is hereby amended to read as follows:

     Sec. 21.  1.  This section and sections 1 to 1.51, inclusive, 1.55 to 19.7, inclusive, and 19.9 to 20.9, inclusive, of this act become effective upon passage and approval.

     2.  Sections [1.51,] 1.85, 1.87, 1.92, 1.93, 1.95 [,] and 4.3 to 9, inclusive, [and 19.4] of this act expire by limitation on June 30, 2011.

     3.  Sections 1.53 and 19.8 of this act become effective on July 1, 2011.

     Sec. 10.  1.  Chapter 331, Statutes of Nevada 2009, at page 1482, is hereby amended by adding thereto a new section to be designated as section 12.9, immediately following section 12.8, to read as follows:

      Sec. 12.9.  NRS 641.112 is hereby amended to read as follows:

     641.112  1.  A licensed psychologist shall limit his or her practice of psychology to his or her areas of competence, as documented by education, training and experience.

 


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     2.  The Board shall ensure, by adopting regulations and enforcing the provisions of this chapter, that [licensees] licensed psychologists limit their practice of psychology to their areas of competence.

     2.  Chapter 331, Statutes of Nevada 2009, at page 1483, is hereby amended by adding thereto new sections to be designated as sections 13.3 and 13.7, immediately following section 13, to read respectively as follows:

      Sec. 13.3.  NRS 641.175 is hereby amended to read as follows:

     641.175  1.  In addition to any other requirements set forth in this chapter:

     (a) An applicant for the issuance of a license or certificate shall include the social security number of the applicant in the application submitted to the Board.

     (b) An applicant for the issuance or renewal of a license or certificate shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

     (b) A separate form prescribed by the Board.

     3.  A license or certificate may not be issued or renewed by the Board if the applicant:

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

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

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

      Sec. 13.7.  NRS 641.175 is hereby amended to read as follows:

     641.175  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license or certificate shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

 


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     (b) A separate form prescribed by the Board.

     3.  A license or certificate may not be issued or renewed by the Board if the applicant:

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

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

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

     3.  Chapter 331, Statutes of Nevada 2009, at page 1483, is hereby amended by adding thereto new sections to be designated as sections 14.1 to 14.4, inclusive, immediately following section 14, to read respectively as follows:

      Sec. 14.1.  NRS 641.190 is hereby amended to read as follows:

     641.190  The Board may:

     1.  Grant a license as a psychologist without any examination to any person certified or licensed by a board of psychological examiners of another state if the Board determines that the requirements in that state are at least equivalent to the requirements of this chapter.

     2.  Authorize a psychologist licensed or certified pursuant to the laws of another state to practice psychology for 1 year or less if the psychologist has:

     (a) Made application to the Board for licensure;

     (b) Met the requirements of education and experience for licensure in this State; and

     (c) Not been disciplined in another state in connection with a license to practice psychology or has not committed any act in another state which is a violation of this chapter.

      Sec. 14.2.  NRS 641.220 is hereby amended to read as follows:

     641.220  1.  To renew a license or certificate issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

     (a) Apply to the Board for renewal;

     (b) Pay the biennial fee for the renewal of a license [;] or certificate;

     (c) Submit evidence to the Board of completion of the requirements for continuing education; and

     (d) Submit all information required to complete the renewal.

     2.  Upon renewing his or her license, [the holder of the license] a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

 


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     3.  The Board shall, as a prerequisite for the renewal of a license [,] or certificate, require each holder to comply with the requirements for continuing education adopted by the Board.

      Sec. 14.3.  NRS 641.242 is hereby amended to read as follows:

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

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

      Sec. 14.4.  NRS 641.271 is hereby amended to read as follows:

     641.271  1.  The Attorney General shall conduct an investigation of each complaint transmitted to him or her by the Board to determine whether it warrants proceedings for the modification, suspension or revocation of the [certificate.] license. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

     2.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Board shall:

     (a) Dismiss the complaint; or

     (b) Proceed with appropriate disciplinary action.

     4.  Section 16 of chapter 331, Statutes of Nevada 2009, at page 1484, is hereby amended to read as follows:

     Sec. 16.  1.  This section and sections 1 to 9, inclusive, 10 , [and] 11 to 13.3, inclusive, and 14 to 15, inclusive, of this act become effective:

     (a) Upon passage and approval for the purpose of adopting regulations, licensing behavior analysts and assistant behavior analysts and certifying autism behavior interventionists; and

     (b) On January 1, 2011, for all other purposes.

     2.  Sections 9.5, 10.5, 15.3 and 15.5 of this act become effective:

     (a) Upon passage and approval for the purposes of adopting regulations; and

 


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     (b) On July 1, 2011, for all other purposes.

     3.  Section 13.3 of this act expires by limitation on the date which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

     4.  Section 13.7 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

     5.  Sections 13.7 and 14.3 of this act expire by limitation on the date 2 years after the date on which the provision of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

     Sec. 11.  Section 28 of chapter 338, Statutes of Nevada 2009, at page 1523, is hereby amended to read as follows:

      Sec. 28.  1.  This section, sections 5 to 11, inclusive, 13 to 22, inclusive, and 26 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2010, for all other purposes.

      2.  Sections 1 to 4, inclusive, 23, 24, 25 and 27 of this act become effective on July 1, 2009.

      3.  The provisions of [sections] section 11 [and 20] of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

 


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

Ê are repealed by the Congress of the United States.

      4.  Section 12 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

      5.  Sections 12 and 20 of this act expire by limitation on the date 2 years after the date on which the provision of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

     Sec. 12.  Section 20 of chapter 351, Statutes of Nevada 2009, at page 1595, is hereby amended to read as follows:

     Sec. 20.  1.  This section and sections 1 to 9, inclusive, and 11 to 19, inclusive, of this act become effective on July 1, 2009.

     2.  [Section 9 of this act expires by limitation on October 31, 2009.

     3.]  Section 10 of this act becomes effective on November 1, 2009.

     Sec. 13.  1.  Chapter 361, Statutes of Nevada 2009, at page 1705, is hereby amended by adding thereto a new section to be designated as section 45.5, immediately following section 45, to read as follows:

      Sec. 45.5.  NRS 87A.540 is hereby amended to read as follows:

     87A.540  Before transacting business in this State, a foreign limited partnership shall register with the Secretary of State. In order to register, a foreign limited partnership shall submit to the Secretary of State an application for registration as a foreign limited partnership, signed by a general partner. The application for registration must set forth:

     1.  The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this State;

     2.  The state or jurisdiction under whose law the foreign limited partnership is organized and the date of its organization;

     3.  The information required pursuant to NRS 77.310;

 


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     4.  A statement that the Secretary of State is appointed the agent of the foreign limited partnership for service of process if the registered agent’s authority has been revoked or if the registered agent cannot be found or served with the exercise of reasonable diligence;

     5.  The address of the office required to be maintained in the state or jurisdiction of its organization by the laws of that state or jurisdiction or, if not so required, of the principal office of the foreign limited partnership;

     6.  The name and business address of each general partner; and

     7.  The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this State is cancelled or withdrawn.

     2.  Section 46 of chapter 361, Statutes of Nevada 2009, at page 1705, is hereby amended to read as follows:

     Sec. 46.  NRS 87A.550 is hereby amended to read as follows:

     87A.550  Except as otherwise provided in NRS 87A.655, a foreign limited partnership may register with the Secretary of State under any name, whether or not it is the name under which it is registered in its state or jurisdiction of organization, that [includes without abbreviation] contains the words “limited partnership” or the abbreviations “L.P.” or “LP” and that could be registered by a domestic limited partnership.

     3.  Section 50 of chapter 361, Statutes of Nevada 2009, at page 1709, is hereby amended to read as follows:

     Sec. 50.  NRS 88.315 is hereby amended to read as follows:

     88.315  As used in this chapter, unless the context otherwise requires:

     1.  “Certificate of limited partnership” means the certificate referred to in NRS 88.350, and the certificate as amended or restated.

     2.  “Contribution” means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his or her capacity as a partner.

     3.  “Event of withdrawal of a general partner” means an event that causes a person to cease to be a general partner as provided in NRS 88.450.

     4.  “Foreign limited partnership” means a partnership formed under the laws of [any state] a jurisdiction other than this State and having as partners one or more general partners and one or more limited partners.

     5.  “Foreign registered limited-liability limited partnership” means a foreign limited-liability limited partnership:

     (a) Formed pursuant to an agreement governed by the laws of another state; and

     (b) Registered pursuant to and complying with NRS 88.570 to 88.605, inclusive, and 88.609.

 


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     6.  “General partner” means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.

     7.  “Limited partner” means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.

     8.  “Limited partnership” and “domestic limited partnership” mean a partnership formed by two or more persons under the laws of this State and having one or more general partners and one or more limited partners [.] , including a restricted limited partnership.

     9.  “Partner” means a limited or general partner.

     10.  “Partnership agreement” means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.

     11.  “Partnership interest” means a partner’s share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.

     12.  “Record” means information that is inscribed on tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

     13.  “Registered limited-liability limited partnership” means a limited partnership:

     (a) Formed pursuant to an agreement governed by this chapter; and

     (b) Registered pursuant to and complying with NRS 88.350 to 88.415, inclusive, and section 49.4 of this act, 88.606, 88.6065 and 88.607.

     14.  “Registered agent” has the meaning ascribed to it in NRS 77.230.

     15.  “Registered office” means the office maintained at the street address of the registered agent.

     16.  “Restricted limited partnership” means a limited partnership organized and existing under this chapter that elects to include the optional provisions permitted by NRS 88.350.

     17.  “Sign” means to affix a signature to a record.

     [17.] 18.  “Signature” means a name, word, symbol or mark executed or otherwise adopted, or a record encrypted or similarly processed in whole or in part, by a person with the present intent to identify himself or herself and adopt or accept a record. The term includes, without limitation, an electronic signature as defined in NRS 719.100.

     [18.] 19.  “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

     [19.] 20.  “Street address” of a registered agent means the actual physical location in this State at which a registered agent is available for service of process.

 


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     4.  Section 54 of chapter 361, Statutes of Nevada 2009, at page 1711, is hereby amended to read as follows:

     Sec. 54.  NRS 88.575 is hereby amended to read as follows:

     88.575  Before transacting business in this State, a foreign limited partnership shall register with the Secretary of State. In order to register, a foreign limited partnership shall submit to the Secretary of State an application for registration as a foreign limited partnership, signed by a general partner. The application for registration must set forth:

     1.  The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this State;

     2.  The state [and date of its formation;] or jurisdiction under whose law the foreign limited partnership is organized and the date of its organization;

     3.  The information required pursuant to NRS 77.310;

     4.  A statement that the Secretary of State is appointed the agent of the foreign limited partnership for service of process if the registered agent’s authority has been revoked or if the registered agent cannot be found or served with the exercise of reasonable diligence;

     5.  The address of the office required to be maintained in the state or jurisdiction of its organization by the laws of that state or jurisdiction or, if not so required, of the principal office of the foreign limited partnership;

     6.  The name and business address of each general partner; and

     7.  The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this State is cancelled or withdrawn.

     5.  Chapter 361, Statutes of Nevada 2009, at page 1712, is hereby amended by adding thereto a new section to be designated as section 54.5, immediately following section 54, to read as follows:

      Sec. 54.5.  NRS 88.585 is hereby amended to read as follows:

     88.585  Except as otherwise provided in NRS 88.609, a foreign limited partnership may register with the Secretary of State under any name, whether or not it is the name under which it is registered in its state or jurisdiction of organization, that contains the words “limited partnership” or the abbreviation “LP” or “L.P.” and that could be registered by a domestic limited partnership.

     Sec. 14.  Section 96 of chapter 365, Statutes of Nevada 2009, at page 1823, is hereby amended to read as follows:

     Sec. 96.  NRS 696A.300 is hereby amended to read as follows:

     696A.300  1.  Each license for a club agent issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon submission of the statement required pursuant to NRS 696A.303 and payment to the Commissioner of [the] all applicable [fee] fees for renewal and a fee established by the Commissioner of not more than $15 for deposit in the insurance recovery account created by NRS 679B.305.

 


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of the statement required pursuant to NRS 696A.303 and payment to the Commissioner of [the] all applicable [fee] fees for renewal and a fee established by the Commissioner of not more than $15 for deposit in the insurance recovery account created by NRS 679B.305. The statement must be submitted and the fees must be paid on or before the last day of the month in which the license is renewable.

     2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by the statement required pursuant to NRS 696A.303, a fee for renewal of 150 percent of [the fee] all applicable fees otherwise required , except for any fee required pursuant to section 3 of this act, and the fee established by the Commissioner of not more than $15 for deposit in the insurance recovery account created by NRS 679B.305.

     3.  [The] In addition to all applicable fees required pursuant to section 3 of this act to be deposited in the Fund for Insurance Administration and Enforcement created by section 2 of this act, the Commissioner shall collect in advance and deposit with the State Treasurer for credit to the State General Fund the following fees for licensure as a club agent:

      (a) Application and license........................................................................................................... $78

      (b) Appointment by each motor club................................................................................................ 5

      (c) Triennial renewal of each license.............................................................................................. 78

     Sec. 15.  Chapter 370, Statutes of Nevada 2009, at page 1935, is hereby amended by adding thereto a new section to be designated as section 82.7, immediately following section 82.5, to read as follows:

      Sec. 82.7.  NRS 624.284 is hereby amended to read as follows:

      624.284  A contractor’s license issued pursuant to this chapter does not authorize a contractor to construct or repair a mobile home, manufactured home , manufactured building or commercial coach [.] or factory-built housing.

     Sec. 16.  1.  Section 28 of chapter 377, Statutes of Nevada 2009, at page 2004, is hereby amended to read as follows:

      Sec. 28.  1.  A person who intends to locate a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy, a facility for the generation of electricity from geothermal resources or a facility for the transmission of electricity produced from renewable energy or geothermal resources in this State may apply to the Director for a partial abatement of the local sales and use taxes, the taxes imposed pursuant to chapter 361 of NRS, or both local sales and use taxes and taxes imposed pursuant to chapter 361 of NRS. A facility that is owned, operated, leased or otherwise controlled by a governmental entity is not eligible for an abatement pursuant to this section.

     2.  As soon as practicable after the Director receives such an application, the Director shall submit the application to the Commissioner and forward a copy of the application to:

     (a) The Chief of the Budget Division of the Department of Administration;

 


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     (b) The Department of Taxation;

     (c) The board of county commissioners;

     (d) The county assessor;

     (e) The county treasurer; and

     (f) The Commission on Economic Development.

Ê With the copy of the application forwarded to the county treasurer, the Director shall include a notice that the local jurisdiction may request a presentation regarding the facility. A request for a presentation must be made within 30 days after receipt of the application. The Commissioner shall hold a public hearing on the application. The hearing must not be held earlier than 30 days after all persons listed in this subsection have received a copy of the application.

     3.  Except as otherwise provided in subsection 4, the Commissioner shall approve an application for a partial abatement pursuant to this section if the Commissioner makes the following determinations:

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

           (1) State that the facility will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 6, continue in operation in this State for a period specified by the Commissioner, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and

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

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

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

     (d) If the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:

           (1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Commissioner for good cause, at least 30 percent who are residents of Nevada;

           (2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State;

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

 


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           (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Commissioner by regulation pursuant to subsection 10.

     (e) If the facility will be located in a county whose population is less than 100,000 or a city whose population is less than 60,000, the facility meets the following requirements:

           (1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Commissioner for good cause, at least 30 percent who are residents of Nevada;

           (2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State;

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

           (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Commissioner by regulation pursuant to subsection 10.

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

     4.  The Commissioner shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to subsection 2 by a facility for the generation of electricity from geothermal resources unless the application is approved pursuant to this subsection. The board of county commissioners of a county must approve or deny the application not later than 30 days after the board receives a copy of the application.

 


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county commissioners of a county must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners must not condition the approval of the application on a requirement that the facility for the generation of electricity from geothermal resources agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility. If the board of county commissioners does not approve or deny the application within 30 days after the board receives the application, the application shall be deemed denied.

     5.  Notwithstanding the provisions of subsection 3, the Commissioner may, if the Commissioner determines that such action is necessary:

     (a) Approve an application for a partial abatement for a facility that does not meet the requirements set forth in paragraph (d) or (e) of subsection 3; or

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

     6.  If the Commissioner approves an application for a partial abatement pursuant to this section of:

     (a) Property taxes imposed pursuant to chapter 361 of NRS, the partial abatement must:

           (1) Be for a duration of the 20 fiscal years immediately following the date of approval of the application;

           (2) Be equal to 55 percent of the taxes on real and personal property payable by the facility each year; and

           (3) Not apply during any period in which the facility is receiving another abatement or exemption from property taxes imposed pursuant to chapter 361 of NRS, other than any partial abatement provided pursuant to NRS 361.4722.

     (b) Local sales and use taxes:

           (1) The partial abatement must:

                (I) Be for the 3 years beginning on the date of approval of the application;

                (II) Be equal to that portion of the combined rate of all the local sales and use taxes payable by the facility each year which exceeds 0.6 percent; and

                (III) Not apply during any period in which the facility is receiving another abatement or exemption from local sales and use taxes.

           (2) The Department of Taxation shall issue to the facility a document certifying the abatement which can be presented to retailers at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2.6 percent.

     7.  Upon approving an application for a partial abatement pursuant to this section, the Commissioner shall immediately notify the Director of the terms of the abatement and the Director shall immediately forward a certificate of eligibility for the abatement to:

 


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     (a) The Department of Taxation;

     (b) The board of county commissioners;

     (c) The county assessor;

     (d) The county treasurer; and

     (e) The Commission on Economic Development.

     8.  As soon as practicable after receiving a copy of:

     (a) An application pursuant to subsection 2:

           (1) The Chief of the Budget Division of the Department of Administration shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State and forward a copy of the fiscal note to the Director for submission to the Commissioner; and

           (2) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on each affected local government, and forward a copy of the fiscal note to each affected local government and to the Director for submission to the Commissioner.

     (b) A certificate of eligibility pursuant to subsection 6, the Department of Taxation shall forward a copy of the certificate to each affected local government.

     9.  A partial abatement approved by the Commissioner pursuant to this section terminates upon any determination by the Commissioner that the facility has ceased to meet any eligibility requirements for the abatement. The Commissioner shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the facility has ceased to meet those requirements. The Commissioner shall immediately provide notice of each determination of termination to the Director, and the Director shall immediately provide a copy of the notice to:

     (a) The Department of Taxation, which shall immediately notify each affected local government of the determination;

     (b) The board of county commissioners;

     (c) The county assessor;

     (d) The county treasurer; and

     (e) The Commission on Economic Development.

     10.  The Commissioner:

     (a) Shall adopt regulations:

           (1) Prescribing the minimum level of benefits that a facility must provide to its employees if the facility is going to use benefits paid to employees as a basis to qualify for a partial abatement pursuant to this section;

           (2) Prescribing such requirements for an application for a partial abatement pursuant to this section as will ensure that all information and other documentation necessary for the Commissioner to make an appropriate determination is filed with the Director;

           (3) Requiring each recipient of a partial abatement pursuant to this section to file annually with the Director, for submission to the Commissioner, such information and documentation as may be necessary for the Commissioner to determine whether the recipient is in compliance with any eligibility requirements for the abatement; and

 


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           (4) Regarding the capital investment that a facility must make to meet the requirement set forth in paragraph (d) or (e) of subsection 3; and

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

     11.  Notwithstanding any statutory provision to the contrary, if the Commissioner approves an application for a partial abatement pursuant to this section of:

     (a) Property taxes imposed pursuant to chapter 361 of NRS, the amount of all the property taxes which are collected from the facility for the period of the abatement must be allocated and distributed in such a manner that:

           (1) Forty-five percent of that amount is deposited in the unrestricted balance of the State General Fund; and

           (2) Fifty-five percent of that amount is distributed to the local governmental entities that would otherwise be entitled to receive those taxes in proportion to the relative amount of those taxes those entities would otherwise be entitled to receive.

     (b) Local sales and use taxes, the State Controller shall allocate, transfer and remit an amount equal to all the sales and use taxes imposed in this State and collected from the facility for the period of the abatement in the same manner as if that amount consisted solely of the proceeds of taxes imposed by NRS 374.110 and 374.190.

     12.  As used in this section:

     (a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

           (1) Agricultural crops and agricultural wastes and residues;

           (2) Wood and wood wastes and residues;

           (3) Animal wastes;

           (4) Municipal wastes; and

           (5) Aquatic plants.

     (b) “Commissioner” means the Nevada Energy Commissioner appointed pursuant to section 1.21 of Senate Bill No. 358 of this session.

     (c) “Director” means the Director of the Office of Energy appointed pursuant to NRS 701.150.

     (d) “Facility for the generation of electricity from renewable energy” means a facility for the generation of electricity that:

           (1) Uses renewable energy as its primary source of energy; and

           (2) Has a generating capacity of at least 10 megawatts.

Ê The term does not include a facility that is located on residential property.

     (e) “Facility for the generation of process heat from solar renewable energy” means a facility that:

           (1) Uses solar renewable energy to generate process heat; and

           (2) Has an output capacity of at least 25,840,000 British thermal units per hour.

 


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ê2011 Statutes of Nevada, Page 108 (Chapter 28, AB 464)ê

 

     (f) “Fuel cell” means a device or contrivance which, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

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

     (h) “Renewable energy” means:

           (1) Biomass;

           (2) Fuel cells;

           (3) Solar energy;

           (4) Waterpower; or

           (5) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, geothermal energy or nuclear energy.

     (i) “Wholesale facility for the generation of electricity from renewable energy” means a facility for the generation of electricity from renewable energy that, except as otherwise provided in subparagraph (2), does not sell the electricity to the end user of the electricity. The term includes:

           (1) All the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity.

           (2) A facility that is owned, leased or otherwise controlled by an entity that has authority to sell electricity and provide transmission services or distribution services, or both.

     2.  Section 106.5 of chapter 377, Statutes of Nevada 2009, at page 2010, is hereby amended to read as follows:

      Sec. 106.5.  Section 28 of this act is hereby amended to read as follows:

     Sec. 28.  1.  A person who intends to locate a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy, a facility for the generation of electricity from geothermal resources or a facility for the transmission of electricity produced from renewable energy or geothermal resources in this State may apply to the Director for a partial abatement of the local sales and use taxes, the taxes imposed pursuant to chapter 361 of NRS, or both local sales and use taxes and taxes imposed pursuant to chapter 361 of NRS. A facility that is owned, operated, leased or otherwise controlled by a governmental entity is not eligible for an abatement pursuant to this section.

     2.  As soon as practicable after the Director receives such an application, the Director shall submit the application to the Commissioner and forward a copy of the application to:

     (a) The Chief of the Budget Division of the Department of Administration;

     (b) The Department of Taxation;

     (c) The board of county commissioners;

     (d) The county assessor;

     (e) The county treasurer; and

 


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     (f) The Commission on Economic Development.

Ê With the copy of the application forwarded to the county treasurer, the Director shall include a notice that the local jurisdiction may request a presentation regarding the facility. A request for a presentation must be made within 30 days after receipt of the application. The Commissioner shall hold a public hearing on the application. The hearing must not be held earlier than 30 days after all persons listed in this subsection have received a copy of the application.

     3.  Except as otherwise provided in subsection 4, the Commissioner shall approve an application for a partial abatement pursuant to this section if the Commissioner makes the following determinations:

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

          (1) State that the facility will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 6, continue in operation in this State for a period specified by the Commissioner, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and

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

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

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

     (d) If the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:

          (1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Commissioner for good cause, at least 30 percent who are residents of Nevada;

          (2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State;

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

          (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

 


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ê2011 Statutes of Nevada, Page 110 (Chapter 28, AB 464)ê

 

                (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Commissioner by regulation pursuant to subsection 10.

     (e) If the facility will be located in a county whose population is less than 100,000 or a city whose population is less than 60,000, the facility meets the following requirements:

          (1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Commissioner for good cause, at least 30 percent who are residents of Nevada;

          (2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State;

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

          (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Commissioner by regulation pursuant to subsection 10.

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

     4.  The Commissioner shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to subsection 2 by a facility for the generation of electricity from geothermal resources unless the application is approved pursuant to this subsection. The board of county commissioners of a county must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners must not condition the approval of the application on a requirement that the facility for the generation of electricity from geothermal resources agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility.

 


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on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility. If the board of county commissioners does not approve or deny the application within 30 days after the board receives the application, the application shall be deemed denied.

     5.  Notwithstanding the provisions of subsection 3, the Commissioner may, if the Commissioner determines that such action is necessary:

     (a) Approve an application for a partial abatement for a facility that does not meet the requirements set forth in paragraph (d) or (e) of subsection 3; or

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

     6.  If the Commissioner approves an application for a partial abatement pursuant to this section of:

     (a) Property taxes imposed pursuant to chapter 361 of NRS, the partial abatement must:

          (1) Be for a duration of the 20 fiscal years immediately following the date of approval of the application;

          (2) Be equal to 55 percent of the taxes on real and personal property payable by the facility each year; and

          (3) Not apply during any period in which the facility is receiving another abatement or exemption from property taxes imposed pursuant to chapter 361 of NRS, other than any partial abatement provided pursuant to NRS 361.4722.

     (b) Local sales and use taxes:

          (1) The partial abatement must:

                (I) Be for the 3 years beginning on the date of approval of the application;

                (II) Be equal to that portion of the combined rate of all the local sales and use taxes payable by the facility each year which exceeds [0.6] 0.25 percent; and

                (III) Not apply during any period in which the facility is receiving another abatement or exemption from local sales and use taxes.

          (2) The Department of Taxation shall issue to the facility a document certifying the abatement which can be presented to retailers at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of [2.6] 2.25 percent.

     7.  Upon approving an application for a partial abatement pursuant to this section, the Commissioner shall immediately notify the Director of the terms of the abatement and the Director shall immediately forward a certificate of eligibility for the abatement to:

     (a) The Department of Taxation;

     (b) The board of county commissioners;

     (c) The county assessor;

     (d) The county treasurer; and

     (e) The Commission on Economic Development.

 


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     8.  As soon as practicable after receiving a copy of:

     (a) An application pursuant to subsection 2:

          (1) The Chief of the Budget Division of the Department of Administration shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State and forward a copy of the fiscal note to the Director for submission to the Commissioner; and

          (2) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on each affected local government, and forward a copy of the fiscal note to each affected local government and to the Director for submission to the Commissioner.

     (b) A certificate of eligibility pursuant to subsection 6, the Department of Taxation shall forward a copy of the certificate to each affected local government.

     9.  A partial abatement approved by the Commissioner pursuant to this section terminates upon any determination by the Commissioner that the facility has ceased to meet any eligibility requirements for the abatement. The Commissioner shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the facility has ceased to meet those requirements. The Commissioner shall immediately provide notice of each determination of termination to the Director, and the Director shall immediately provide a copy of the notice to:

     (a) The Department of Taxation, which shall immediately notify each affected local government of the determination;

     (b) The board of county commissioners;

     (c) The county assessor;

     (d) The county treasurer; and

     (e) The Commission on Economic Development.

     10.  The Commissioner:

     (a) Shall adopt regulations:

          (1) Prescribing the minimum level of benefits that a facility must provide to its employees if the facility is going to use benefits paid to employees as a basis to qualify for a partial abatement pursuant to this section;

          (2) Prescribing such requirements for an application for a partial abatement pursuant to this section as will ensure that all information and other documentation necessary for the Commissioner to make an appropriate determination is filed with the Director;

          (3) Requiring each recipient of a partial abatement pursuant to this section to file annually with the Director, for submission to the Commissioner, such information and documentation as may be necessary for the Commissioner to determine whether the recipient is in compliance with any eligibility requirements for the abatement; and

          (4) Regarding the capital investment that a facility must make to meet the requirement set forth in paragraph (d) or (e) of subsection 3; and

 


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

     11.  Notwithstanding any statutory provision to the contrary, if the Commissioner approves an application for a partial abatement pursuant to this section of:

     (a) Property taxes imposed pursuant to chapter 361 of NRS, the amount of all the property taxes which are collected from the facility for the period of the abatement must be allocated and distributed in such a manner that:

          (1) Forty-five percent of that amount is deposited in the [unrestricted balance of the State General Fund;] Renewable Energy Fund created by section 28.5 of this act; and

          (2) Fifty-five percent of that amount is distributed to the local governmental entities that would otherwise be entitled to receive those taxes in proportion to the relative amount of those taxes those entities would otherwise be entitled to receive.

     (b) Local sales and use taxes, the State Controller shall allocate, transfer and remit an amount equal to all the sales and use taxes imposed in this State and collected from the facility for the period of the abatement in the same manner as if that amount consisted solely of the proceeds of taxes imposed by NRS 374.110 and 374.190.

     12.  As used in this section:

     (a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

          (1) Agricultural crops and agricultural wastes and residues;

          (2) Wood and wood wastes and residues;

          (3) Animal wastes;

          (4) Municipal wastes; and

          (5) Aquatic plants.

     (b) “Commissioner” means the Nevada Energy Commissioner appointed pursuant to section 1.21 of Senate Bill No. 358 of this session.

     (c) “Director” means the Director of the Office of Energy appointed pursuant to NRS 701.150.

     (d) “Facility for the generation of electricity from renewable energy” means a facility for the generation of electricity that:

          (1) Uses renewable energy as its primary source of energy; and

          (2) Has a generating capacity of at least 10 megawatts.

Ê The term does not include a facility that is located on residential property.

     (e) “Facility for the generation of process heat from solar renewable energy” means a facility that:

          (1) Uses solar renewable energy to generate process heat; and

          (2) Has an output capacity of at least 25,840,000 British thermal units per hour.

 


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     (f) “Fuel cell” means a device or contrivance which, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

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

     (h) “Renewable energy” means:

          (1) Biomass;

          (2) Fuel cells;

          (3) Solar energy;

          (4) Waterpower; or

          (5) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, geothermal energy or nuclear energy.

     (i) “Wholesale facility for the generation of electricity from renewable energy” means a facility for the generation of electricity from renewable energy that, except as otherwise provided in subparagraph (2), does not sell the electricity to the end user of the electricity. The term includes:

          (1) All the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity.

          (2) A facility that is owned, leased or otherwise controlled by an entity that has authority to sell electricity and provide transmission services or distribution services, or both.

     Sec. 17.  Section 9 of chapter 390, Statutes of Nevada 2009, at page 2145, is hereby amended to read as follows:

      Sec. 9.  (Deleted by amendment.)

     Sec. 18.  1.  Section 6 of chapter 393, Statutes of Nevada 2009, at page 2184, is hereby amended to read as follows:

     Sec. 6.  1.  A valid domestic partnership is registered in the State of Nevada when two persons who satisfy the requirements of subsection 2:

     (a) File with the Office of the Secretary of State, on a form prescribed by the Secretary of State, a signed and notarized statement declaring that both persons:

           (1) Have chosen to share one another’s lives in an intimate and committed relationship of mutual caring; and

           (2) Desire of their own free will to enter into a domestic partnership; and

     (b) Pay to the Office of the Secretary of State a reasonable filing fee established by the Secretary of State, which filing fee must not exceed the total of an amount set by the Secretary of State to estimate:

           (1) The cost incurred by the Secretary of State to issue the Certificate described in subsection 3; and

           (2) Any other associated administrative costs incurred by the Secretary of State.

 


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Ê The Office of the Secretary of State shall account for the fees received pursuant to paragraph (b) separately, and use those fees, and any interest and income earned on those fees, solely to pay for expenses related to administering the registration of domestic partnerships pursuant to this chapter, including, without limitation, the cost of materials and technology necessary to process and record the filing.

     2.  To be eligible to register pursuant to subsection 1, two persons desiring to enter into a domestic partnership must furnish proof satisfactory to the Office of the Secretary of State that:

     (a) Both persons have a common residence;

     (b) Except as otherwise provided in section 10 of this act, neither person is married or a member of another domestic partnership;

     (c) The two persons are not related by blood in a way that would prevent them from being married to each other in this State;

     (d) Both persons are at least 18 years of age; and

     (e) Both persons are competent to consent to the domestic partnership.

     3.  The Office of the Secretary of State shall issue a Certificate of Registered Domestic Partnership to persons who satisfy the applicable requirements of this section.

     4.  As used in this section:

     (a) “Common residence” means a residence shared by both domestic partners on at least a part-time basis, irrespective of whether:

           (1) Ownership of the residence or the right to occupy the residence is in the name of only one of the domestic partners; and

           (2) One or both of the domestic partners owns or occupies an additional residence.

     (b) “Residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

     2.  Section 10 of chapter 393, Statutes of Nevada 2009, at page 2186, is hereby amended to read as follows:

     Sec. 10.  A legal union of two persons, other than a marriage as recognized by the Nevada Constitution, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership as defined in this chapter, must be recognized as a valid domestic partnership in this State regardless of whether the union bears the name of a domestic partnership. For a legal union that was validly formed in another jurisdiction to be recognized as a valid domestic partnership in this State, the parties desiring such recognition must comply with the provisions of paragraph (b) of subsection 1 of section 6 of this act.

     Sec. 19.  1.  Section 21 of chapter 422, Statutes of Nevada 2009, at page 2322, is hereby amended to read as follows:

     Sec. 21.  NRS 385.376 is hereby amended to read as follows:

     385.376  1.  Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 [or more] consecutive years for failure to make adequate yearly progress, the Department may, for a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with differentiated correction actions, consequences or sanctions, or any combination thereof, as prescribed by the State Board pursuant to NRS 385.361.

 


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[or more] consecutive years for failure to make adequate yearly progress, the Department may, for a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with differentiated correction actions, consequences or sanctions, or any combination thereof, as prescribed by the State Board pursuant to NRS 385.361.

     2.  The Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action, consequences or sanctions, or any combination thereof, pursuant to this section for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action, consequences or sanctions, or any combination thereof, for the school, as appropriate, pursuant to the provisions of sections 2 and 3 of this act as if the delay never occurred.

     3.  Before the board of trustees or the Department proceeds with consequences or sanctions, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

     (a) Notice that the board of trustees or the Department, as applicable, will proceed with consequences or sanctions for the school;

     (b) An opportunity to comment before the consequences or sanctions are carried out; and

     (c) An opportunity to participate in the development of the consequences or sanctions.

     2.  Section 21.7 of chapter 422, Statutes of Nevada 2009, at page 2326, is hereby amended to read as follows:

     Sec. 21.7.  NRS 386.605 is hereby amended to read as follows:

     386.605  1.  On or before July 15 of each year, the governing body of a charter school shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees of the school district in which the charter school is located for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

     2.  The Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section and pursuant to NRS 385.357, 385.3745 or 385.3746, whichever is applicable for the school, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

 


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     Sec. 20.  1.  Section 42 of chapter 428, Statutes of Nevada 2009, at page 2389, is hereby amended to read as follows:

     Sec. 42.  1.  The Division shall adopt regulations governing the certification of intermediary service organizations and such other regulations as it deems necessary to carry out the provisions of sections 29 to 51, inclusive, of this act.

     2.  The Division may:

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

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

     (c) Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 29 to 51, inclusive, of this act.

     2.  Section 93 of chapter 428, Statutes of Nevada 2009, at page 2407, is hereby amended to read as follows:

     Sec. 93.  1.  This section and sections 1 to 7, inclusive, and 9 to 92, inclusive, of this act become effective on July 1, 2009.

     2.  Section 7 of this act expires by limitation on June 30, 2011.

     3.  Section 8 of this act becomes effective on July 1, 2011.

     4.  Sections 14 to 24, inclusive, of this act expire by limitation on June 30, 2013.

     5.  Sections 32, 33 and 39 of this act [are effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

     Sec. 21.  Chapter 446, Statutes of Nevada 2009, at page 2500, is hereby amended by adding thereto a new section to be designated as section 7.5, immediately following section 7, to read as follows:

      Sec. 7.5.  NRS 644.110 is hereby amended to read as follows:

     644.110  The Board shall adopt reasonable regulations:

 


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     1.  For carrying out the provisions of this chapter.

     2.  For conducting examinations of applicants for licenses.

     3.  For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed electrologist or in a school of cosmetology licensed pursuant to the laws of another state or territory of the United States or the District of Columbia.

     4.  For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:

     (a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

     (b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

     (c) Providing for lunch and coffee recesses for students during school hours; and

     (d) Allowing a member or an authorized employee of the Board to review the records of a student’s training and attendance.

     5.  Governing the courses of study and practical training required of persons for treating the skin of the human body . [, except the scalp.]

     6.  For governing the conduct of cosmetological establishments.

     Sec. 22.  Section 10 of chapter 480, Statutes of Nevada 2009, at page 2755, is hereby amended to read as follows:

     Sec. 10.  Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

     (a) Standards for the efficient use of water.

     (b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.

     (c) Performance guidelines for new, remodeled and renovated buildings.

     (d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:

           (1) Energy consumption.

           (2) The use of potable water.

           (3) The use of water for purposes relating to landscaping.

           (4) The disposal of solid waste.

     2.  The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:

     (a) Are cost-effective over the life of the applicable project.

     (b) Produce certain threshold levels of cost savings.

     3.  In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:

     (a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;

     (b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;

 


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     (c) The standards established by the United States Environmental Protection Agency pursuant to the Energy Star Program;

     (d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;

     (e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and

     (f) The criteria established by the International Energy Conservation Code.

     4.  The regulations adopted pursuant to this section must include provisions for their enforcement.

     5.  As used in this section:

     (a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

           (1) Agricultural crops and agricultural wastes and residues;

           (2) Wood and wood wastes and residues;

           (3) Animal wastes;

           (4) Municipal wastes; and

           (5) Aquatic plants.

     (b) “Renewable energy” means:

           (1) Biomass;

           (2) Solar energy; or

           (3) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

     Sec. 23.  Section 56 of chapter 488, Statutes of Nevada 2009, at page 2861, is hereby amended to read as follows:

     Sec. 56.  1.  This section and sections 15.5, 16.2, 16.6 and 55.5 of this act become effective upon passage and approval.

     2.  Sections 1 to 14, inclusive, 16 and 17 to 53.5, inclusive, of this act become effective on July 1, 2009.

     3.  Sections 16.4 and 16.8 of this act become effective on July 1, 2011.

     4.  [Sections] Section 16.2 [and 16.6] of this act [expire] expires by limitation on June 30, 2011.

     Sec. 24.  Section 3 of chapter 495, Statutes of Nevada 2009, at page 3001, is hereby amended to read a follows:

     Sec. 3.  1.  It is not a violation of NRS 631.395, or an act of dishonorable or unprofessional conduct under NRS 631.346 to 631.349, inclusive, for a person described in paragraph (h) of subsection 2 of NRS 631.215 to provide, or receive payment for providing, goods or services in accordance with the conditions set forth in paragraph (h) of subsection 2 of NRS 631.215.

     2.  It is not a violation of NRS 631.3465 for a dentist or a professional entity organized by a dentist pursuant to the provisions of chapter 89 of NRS to contract with a person described in and operating in accordance with the conditions set forth in paragraph (h) of subsection 2 of NRS 631.215.

 


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     Sec. 25.  Section 10 of chapter 500, Statutes of Nevada 2009, at page 3040, is hereby amended to read as follows:

     Sec. 10.  NRS 616D.120 is hereby amended to read as follows:

     616D.120  1.  Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company has:

     (a) Induced a claimant to fail to report an accidental injury or occupational disease;

     (b) Without justification, persuaded a claimant to:

           (1) Settle for an amount which is less than reasonable;

           (2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

           (3) Accept less than the compensation found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

     (c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

           (1) Later than 10 days after the date of the settlement agreement or stipulation;

           (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or

           (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;

     (d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

     (e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

     (f) Failed to comply with the Division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;

     (g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; [or]

     (h) Engaged in a pattern of untimely payments to injured employees; or

 


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     (i) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

Ê the Administrator shall impose an administrative fine of $1,500 for each initial violation, or a fine of $15,000 for a second or subsequent violation.

     2.  Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

     (a) Issue a notice of correction for:

           (1) A minor violation, as defined by regulations adopted by the Division; or

           (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

Ê The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

     (b) Impose an administrative fine for:

           (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

           (2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

Ê The fine imposed must not be greater than $375 for an initial violation, or more than [$1,500] $3,000 for any second or subsequent violation.

     (c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.

     3.  If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, [or] (h) or (i) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company to pay to the claimant a benefit penalty:

     (a) Except as otherwise provided in paragraph (b), in an amount that is not less than $5,000 and not greater than [$37,500;] $50,000; or

 


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     (b) Of $3,000 if the violation involves a late payment of compensation or other relief to a claimant in an amount which is less than $500 or which is not more than 14 days late.

     4.  To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e) , [or] (h) or (i) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company pursuant to this section. [If this is the third violation within 5 years for which a benefit penalty, other than a benefit penalty described in paragraph (b) of subsection 3, has been imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company, the] The Administrator shall also consider the degree of economic harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e) , [or] (h) or (i) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to the claimant within 10 days after the date of the Administrator’s determination. If the claimant is the injured employee and the claimant dies before the benefit penalty is paid to him or her, the benefit penalty must be paid to the estate or the claimant. Proof of the payment of the benefit penalty must be submitted to the Administrator within 10 days after the date of the Administrator’s determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection. To determine the amount of the benefit penalty in cases of multiple violations occurring within a certain period of time, the Administrator shall adopt regulations which take into consideration:

     (a) The number of violations within a certain number of years for which a benefit penalty was imposed; and

     (b) The number of claims handled by the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company in relation to the number of benefit penalties previously imposed within the period of time prescribed pursuant to paragraph (a).

     5.  In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment [,] an administrative penalty of up to twice the amount of any underpaid assessment.

 


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     6.  If:

     (a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

     (b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation,

Ê the Administrator shall impose an administrative fine of not more than $15,000.

     7.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:

     (a) A certificate to act as a self-insured employer.

     (b) A certificate to act as an association of self-insured public or private employers.

     (c) A certificate of registration as a third-party administrator.

     8.  The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

     9.  If the Administrator determines that a vocational rehabilitation counselor has violated the provisions of NRS 616C.543, the Administrator may impose an administrative fine on the vocational rehabilitation counselor of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.

     10.  The Administrator may make a claim against the bond required pursuant to NRS 683A.0857 for the payment of any administrative fine or benefit penalty imposed for a violation of the provisions of this section.

     Sec. 26.  1.  Section 40 of chapter 504, Statutes of Nevada 2009, at page 3095, is hereby amended to read as follows:

      Sec. 40.  1.  Except as otherwise provided in section 41 of this act, before any off-highway vehicle dealer, long-term or short-term lessor or manufacturer is issued a license pursuant to this chapter, the Department shall require that the applicant procure and file with the Department a good and sufficient bond with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the Attorney General and conditioned that the applicant or any employee who acts on the applicant’s behalf within the scope of his or her employment shall conduct his or her business as an off-highway vehicle dealer, lessor or manufacturer without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation and without violation of the provisions of this chapter. The bond must be in the amount of $50,000.

 


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      2.  The Department may, pursuant to a written agreement with any off-highway vehicle dealer, long-term or short-term lessor or manufacturer who has been licensed to do business in this State for at least 5 years, allow a reduction in the amount of the bond of the off-highway vehicle dealer, lessor or manufacturer if such business has been conducted in a manner satisfactory to the Department for the preceding 5 years. No bond may be reduced to less than 50 percent of the bond required pursuant to subsection 1.

      3.  The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      4.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by the representative or off-highway vehicle salesperson of any licensed off-highway vehicle dealer, long-term or short-term lessor or manufacturer who acts on behalf of the off-highway vehicle dealer, lessor or manufacturer and within the scope of the employment of the representative or off-highway vehicle salesperson.

      5.  The bond must provide that any person injured by the action of the off-highway vehicle dealer, long-term or short-term lessor, manufacturer, representative or off-highway vehicle salesperson in violation of any provision of this chapter may apply to the Director, for good cause shown, for compensation from the bond. The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      6.  If a person is injured by the actions of an off-highway vehicle dealer, long-term or short-term lessor, manufacturer, representative or off-highway vehicle salesperson, the person may:

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

           (1) A judgment on the merits against the off-highway vehicle dealer, lessor, manufacturer, representative or off-highway vehicle salesperson, the judgment is binding on the surety.

           (2) A judgment other than on the merits against the off-highway vehicle dealer, lessor, manufacturer, representative or off-highway vehicle salesperson, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the off-highway vehicle dealer, lessor, manufacturer, representative or off-highway vehicle salesperson.

      (b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      (c) Settle the matter with the off-highway vehicle dealer, lessor, manufacturer, representative or off-highway vehicle salesperson. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State and submitted to the Director with a request for compensation from the bond.

 


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such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State and submitted to the Director with a request for compensation from the bond. If the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the injured person in the amount agreed upon in the settlement.

      7.  Any judgment entered by a court against an off-highway vehicle dealer, long-term or short-term lessor, manufacturer, representative or off-highway vehicle salesperson may be executed through a writ of attachment, garnishment, execution or other legal process, or the person in whose favor the judgment was entered may apply to the Director for compensation from the bond of the off-highway vehicle dealer, lessor, manufacturer, representative or off-highway vehicle salesperson.

      8.  The Department shall not issue a license pursuant to subsection 1 to an off-highway vehicle dealer, long-term or short-term lessor or manufacturer who does not have and maintain an established place of business in this State.

     2.  Section 42 of chapter 504, Statutes of Nevada 2009, at page 3097, is hereby amended to read as follows:

     Sec. 42.  1.  The bond required by section 40 of this act or deposit made pursuant to section 41 of this act must cover the licensee’s principal place of business and all branches operated by the licensee, including, without limitation, any place of business operated in this State by the licensee that is located outside the county of the licensee’s principal office or any place of business operated by the licensee under a different name.

     2.  In addition to the coverage provided by the licensee’s bond or deposit pursuant to subsection 1, the licensee shall procure a separate bond or make a separate deposit for:

     (a) Each place of business operated in this State by the licensee that is located outside the county of the licensee’s principal office; and

     (b) Each place of business operated by the licensee under a different name.

     3.  Chapter 504, Statutes of Nevada 2009, at page 3104, is hereby amended by adding thereto a new section to be designated as section 58.8, immediately following section 58.7, to read as follows:

      Sec. 58.8.  Section 28 of this act is hereby amended to read as follows:

     Sec. 28.  1.  An application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department . [and include the social security number of the applicant.] The forms must designate the persons whose names are required to appear thereon. The applicant must furnish:

     (a) Such proof as the Department may deem necessary that the applicant is an off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

 


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     (b) A fee of $125.

     (c) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

     (d) For initial licensure, a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

     (e) If the applicant is a natural person, the statement required pursuant to section 24 of this act.

     (f) A certificate of insurance for liability.

     2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer containing the name of the licensee and the address of his or her established place of business or the address of the main office of a manufacturer without an established place of business in this State.

     3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of his or her license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to section 24 of this act. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

     4.  Section 63 of chapter 504, Statutes of Nevada 2009, at page 3105, is hereby amended to read as follows:

     Sec. 63.  1.  This section and sections 19.5 and 62.5 of this act become effective upon passage and approval.

     2.  Sections 1 to 19, inclusive, [and] 20 to 58.7, inclusive, and 59 to 62, inclusive, of this act become effective:

     (a) Upon passage and approval for purposes of:

           (1) The appointment by the Governor of the members of the Commission on Off-Highway Vehicles created by section 16 of this act; and

           (2) The adoption of regulations to carry out the provisions of this act.

     (b) On July 1, 2011, or 1 year after the date the Interim Finance Committee issues a notice to the Department of Motor Vehicles pursuant to section 62.5 of this act, whichever occurs first, for all other purposes.

 

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