[Rev. 10/24/2013 8:13:01 PM--2013]

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ê2013 Statutes of Nevada, Page 2897ê

 

CHAPTER 481, AB 66

Assembly Bill No. 66–Committee on Taxation

 

CHAPTER 481

 

[Approved: June 11, 2013]

 

AN ACT relating to property tax; revising the manner in which the State Board of Equalization must provide certain notices concerning increases in the valuation of property; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the State Board of Equalization is required to give 10 days’ notice by registered or certified mail or by personal service to interested persons if the Board proposes to increase the valuation of any property on the assessment roll. (NRS 361.395) Section 1 of this bill maintains this requirement if the Board proposes to increase the valuation of any property on the assessment roll in a proceeding to resolve an appeal or other complaint before the Board pursuant to NRS 361.360, 361.400 or 361.403. However, for notices of proposed increases in the valuation of a class or group of property that relate to a fiscal year that begins on or after July 1, 2013, section 1 requires the Board to give 30 days’ notice by first-class mail to interested persons.

      Under existing law, whenever the valuation of any property is raised by the Board, the Secretary of the Board is required to forward notice of the increased valuation by certified mail to the property owner or owners affected. (NRS 361.405) Section 1.5 of this bill: (1) maintains the requirement that this notice be provided by certified mail if the Board increases the valuation in a proceeding to resolve an appeal or other complaint before the Board pursuant to NRS 361.360, 361.400 or 361.403; and (2) requires this notice to be provided by first-class mail to the property owner or owners affected if the Board increases the valuation of a class or group of properties.

 

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 361.395 is hereby amended to read as follows:

      361.395  1.  During the annual session of the State Board of Equalization beginning on the fourth Monday in March of each year, the State Board of Equalization shall:

      (a) Equalize property valuations in the State.

      (b) Review the tax rolls of the various counties as corrected by the county boards of equalization thereof and raise or lower, equalizing and establishing the taxable value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the Nevada Tax Commission, of any class or piece of property in whole or in part in any county, including those classes of property enumerated in NRS 361.320.

      2.  If the State Board of Equalization proposes to increase the valuation of any property on the assessment roll [,] :

      (a) Pursuant to paragraph (b) of subsection 1, it shall give 30 days’ notice to interested persons by first-class mail.

 


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ê2013 Statutes of Nevada, Page 2898 (Chapter 481, AB 66)ê

 

      (b) In a proceeding to resolve an appeal or other complaint before the Board pursuant to NRS 361.360, 361.400 or 361.403, it shall give 10 days’ notice to interested persons by registered or certified mail or by personal service. [The]

Ê A notice provided pursuant to this subsection must state the time when and place where the person may appear and submit proof concerning the valuation of the property. A person waives the notice requirement if he or she personally appears before the Board and is notified of the proposed increase in valuation.

      Sec. 1.5. NRS 361.405 is hereby amended to read as follows:

      361.405  1.  The Secretary of the State Board of Equalization forthwith shall certify any change made by the Board in the assessed valuation of any property in whole or in part to the county auditor of the county where the property is assessed, and whenever the valuation of any property is raised [,] :

      (a) In a proceeding to resolve an appeal or other complaint before the Board pursuant to NRS 361.360, 361.400 or 361.403, the Secretary of the [State] Board [of Equalization] shall forward by certified mail to the property owner or owners affected, notice of the increased valuation.

      (b) Pursuant to paragraph (b) of subsection 1 of NRS 361.395, the Secretary of the Board shall forward by first-class mail to the property owner or owners affected, notice of the increased valuation.

      2.  As soon as changes resulting from cases having a substantial effect on tax revenues have been certified to the county auditor by the Secretary of the State Board of Equalization, the county auditor shall:

      (a) Enter all such changes and the value of any construction work in progress and net proceeds of minerals which were certified to him or her by the Department, on the assessment roll before the delivery thereof to the tax receiver.

      (b) Add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll.

      (c) Certify the results to the board of county commissioners and the Department.

      3.  The board of county commissioners shall not levy a tax on the net proceeds of minerals added to the assessed valuation pursuant to paragraph (a) of subsection 2, but, except as otherwise provided by specific statute, the net proceeds of minerals must be included in the assessed valuation of the taxable property of the county and all local governments in the county for the determination of the rate of tax and all other purposes for which assessed valuation is used.

      4.  As soon as changes resulting from cases having less than a substantial effect on tax revenue have been certified to the county tax receiver by the Secretary of the State Board of Equalization, the county tax receiver shall adjust the assessment roll or the tax statement or make a tax refund, as directed by the State Board of Equalization.

      Sec. 2.  The amendatory provisions of section 1 of this act apply only to notices of proposed increases in the valuation of property that relate to a fiscal year that begins on or after July 1, 2013.

      Sec. 3.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2899ê

 

CHAPTER 482, AB 95

Assembly Bill No. 95–Assemblymen Spiegel, Kirkpatrick, Bobzien, Diaz, Carlton; Aizley, Elliot Anderson, Benitez-Thompson, Carrillo, Cohen, Dondero Loop, Eisen, Ellison, Hardy, Healey, Hickey, Hogan, Martin, Ohrenschall, Pierce and Stewart

 

Joint Sponsors: Senators Parks; Spearman and Woodhouse

 

CHAPTER 482

 

[Approved: June 11, 2013]

 

AN ACT relating to pharmacy; revising provisions authorizing a pharmacist or practitioner to indicate on a prescription label if a generic drug has been substituted for a drug prescribed by brand name; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes a pharmacist or practitioner to indicate on the label of a prescription that a generic drug has been substituted for a drug prescribed by brand name unless the indication is prohibited by the practitioner who prescribed the drug. (NRS 639.2587) This bill requires a pharmacist or practitioner to make such an indication unless, at the time the initial substitution of the generic drug is made, the person for whom the drug is dispensed elects not to have such an indication written or typed on the label. This bill further provides that an election by the person to indicate or not indicate a substitution on the label applies both to the fill and each refill of the same prescription.

 

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 639.2587 is hereby amended to read as follows:

      639.2587  If a generic drug is substituted for a drug prescribed by brand name, the pharmacist or practitioner [:

      1.  Shall note] shall:

      1.  Note the name of the manufacturer, packer or distributor of the drug actually dispensed on the prescription; and

      2.  [Unless prohibited by the practitioner, may indicate] Indicate the substitution by writing or typing on the label the words “substituted for [”] ,” or substantially similar language, following the generic name and preceding the brand name of the drug [.] unless, at the time the initial substitution of the generic drug for a drug prescribed by brand name is made, the person for whom the drug is dispensed elects not to have such an indication written or typed on the label. An election to indicate or not to indicate a substitution on the label pursuant to this subsection applies to both the fill and each refill of the same prescription.

      Sec. 2.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2900ê

 

CHAPTER 483, AB 202

Assembly Bill No. 202–Committee on Judiciary

 

CHAPTER 483

 

[Approved: June 11, 2013]

 

AN ACT relating to juvenile justice; revising the list of offenses that are excluded from the original jurisdiction of the juvenile court; reducing the age at which a child charged with murder or attempted murder may be certified as an adult for criminal proceedings; authorizing a child who is certified for adult criminal proceedings to petition the court for placement in a state juvenile detention facility during the pendency of the proceeding; requiring the Legislative Committee on Child Welfare and Juvenile Justice to appoint a task force to study certain issues relating to juveniles; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that the juvenile court has exclusive jurisdiction over a child who is alleged to have committed an act designated as a criminal offense unless: (1) the criminal offense is excluded from the jurisdiction of the juvenile court; or (2) the child is alleged to have committed an offense for which the juvenile court may certify the child for criminal proceedings as an adult and the juvenile court certifies the child for criminal proceedings as an adult upon a motion by the district attorney and after a full investigation. (NRS 62B.330, 62B.390)

      Under existing law, the offenses excluded from the jurisdiction of the juvenile court include, without limitation, murder and attempted murder. (NRS 62B.330) Section 1 of this bill provides that murder and attempted murder are excluded from the jurisdiction of the juvenile court only if the offense was committed by a child who was 16 years of age or older when he or she committed the offense. Under section 11 of this bill, this provision becomes effective on October 1, 2014.

      Under existing law, a child may be certified for criminal proceedings as an adult upon a motion by the district attorney and after a full investigation if the child: (1) is charged with an offense that would have been a felony if committed by an adult; and (2) was 14 years of age or older at the time the child allegedly committed the offense. Section 1.3 of this bill reduces the minimum age of such certification from 14 years of age to 13 years of age if the child is charged with murder or attempted murder. Under section 11, this provision becomes effective on October 1, 2014.

      Under existing law, during the pendency of the proceeding, a child who is charged with a crime which is excluded from the original jurisdiction of the juvenile court may petition the juvenile court for temporary placement in a facility for the detention of children. (NRS 62C.030) Section 2 of this bill authorizes a child who is certified for criminal proceedings as an adult to petition the juvenile court for temporary placement in a facility for the detention of children during the pendency of the proceeding. Under section 11, this provision becomes effective on October 1, 2013.

      Section 10 of this bill requires the Legislative Committee on Child Welfare and Juvenile Justice to create a task force to study certain issues relating to juvenile justice.

 


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ê2013 Statutes of Nevada, Page 2901 (Chapter 483, AB 202)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 62B.330 is hereby amended to read as follows:

      62B.330  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

      2.  For the purposes of this section, a child commits a delinquent act if the child:

      (a) Violates a county or municipal ordinance;

      (b) Violates any rule or regulation having the force of law; or

      (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

      3.  For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:

      (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense [.] , if the person was 16 years of age or older when the murder or attempted murder was committed.

      (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

             (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

             (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

      (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

             (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

             (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

      (d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

             (1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

             (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

 


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ê2013 Statutes of Nevada, Page 2902 (Chapter 483, AB 202)ê

 

      (e) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

             (1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or

             (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

      (f) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

      Sec. 1.3.NRS 62B.390 is hereby amended to read as follows:

      62B.390  1.  Except as otherwise provided in subsection 2 and NRS 62B.400, upon a motion by the district attorney and after a full investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) [Is] Except as otherwise provided in paragraph (b), is charged with an offense that would have been a felony if committed by an adult [;] and

      [(b) Was] was 14 years of age or older at the time the child allegedly committed the offense [.] ; or

      (b) Is charged with murder or attempted murder and was 13 years of age or older when the murder or attempted murder was committed.

      2.  Except as otherwise provided in subsection 3, upon a motion by the district attorney and after a full investigation, the juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) Is charged with:

             (1) A sexual assault involving the use or threatened use of force or violence against the victim; or

             (2) An offense or attempted offense involving the use or threatened use of a firearm; and

      (b) Was 16 years of age or older at the time the child allegedly committed the offense.

      3.  The juvenile court shall not certify a child for criminal proceedings as an adult pursuant to subsection 2 if the juvenile court specifically finds by clear and convincing evidence that:

      (a) The child is developmentally or mentally incompetent to understand the situation and the proceedings of the court or to aid the child’s attorney in those proceedings; or

      (b) The child has substance abuse or emotional or behavioral problems and the substance abuse or emotional or behavioral problems may be appropriately treated through the jurisdiction of the juvenile court.

      4.  If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.

      5.  If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and the child’s case has been transferred out of the juvenile court:

 


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ê2013 Statutes of Nevada, Page 2903 (Chapter 483, AB 202)ê

 

      (a) The court to which the case has been transferred has original jurisdiction over the child;

      (b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances; and

      (c) If the child’s case is transferred back to the juvenile court, the juvenile court shall determine whether the exceptional circumstances warrant accepting jurisdiction.

      Sec. 1.7. (Deleted by amendment.)

      Sec. 2. NRS 62C.030 is hereby amended to read as follows:

      62C.030  1.  If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

      (a) A facility for the secure detention of children; or

      (b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

      2.  If a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of children unless there is probable cause to believe that:

      (a) If the child is not detained, the child is likely to commit an offense dangerous to the child or to the community, or likely to commit damage to property;

      (b) The child will run away or be taken away so as to be unavailable for proceedings of the juvenile court or to its officers;

      (c) The child was taken into custody and brought before a probation officer pursuant to a court order or warrant; or

      (d) The child is a fugitive from another jurisdiction.

      3.  If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained in the facility and who has been convicted of a criminal offense or charged with a criminal offense, unless:

      (a) The child is alleged to be delinquent;

      (b) An alternative facility is not available; and

      (c) The child is separated by sight and sound from any adults who are confined or detained in the facility.

      4.  During the pendency of a proceeding involving [a] :

      (a) A criminal offense excluded from the original jurisdiction of the juvenile court pursuant to NRS 62B.330 [,] ; or

      (b) A child who is certified for criminal proceedings as an adult pursuant to NRS 62B.390,

Ê a child may petition the juvenile court for temporary placement in a facility for the detention of children.

      Secs. 3-9. (Deleted by amendment.)

      Sec. 10.  1.  The Legislative Committee on Child Welfare and Juvenile Justice created by NRS 218E.705 shall create a task force to study certain issues relating to juvenile justice in accordance with the provisions of this section.

      2.  The Chair of the Legislative Committee on Child Welfare and Juvenile Justice shall appoint to the task force the following 10 voting members:

      (a) One member of the Senate or Assembly, who shall serve as Chair of the task force.

      (b) One member who is a district attorney.

 


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ê2013 Statutes of Nevada, Page 2904 (Chapter 483, AB 202)ê

 

      (c) One member who is a public defender.

      (d) One member from the Office of the Attorney General.

      (e) One member from the Division of Child and Family Services of the Department of Health and Human Services.

      (f) One member who is a judge of the juvenile court.

      (g) One member who is a director of juvenile services, as defined in NRS 62A.080.

      (h) One member who is a mental health professional.

      (i) One member who is a representative from an organization that advocates on behalf of juveniles.

      (j) The Director of the Department of Corrections.

      3.  The task force shall study the following issues and make its findings and any recommendations for proposed legislation:

      (a) The laws in this State and other states, including an examination of best practices, pertaining to certification of juveniles as adults and offenses excluded from the jurisdiction of the juvenile court.

      (b) The advantages and disadvantages of blended sentencing.

      (c) The ability of adult correctional facilities and institutions to provide appropriate housing and programming for youthful offenders who are convicted of crimes as adults and incarcerated in adult facilities and institutions.

      (d) The ability of juvenile detention facilities to provide appropriate housing and programming for youthful offenders who are convicted of crimes as adults and detained in juvenile detention facilities.

      (e) The costs and benefits of housing juvenile offenders who are convicted of crimes as adults in adult correctional facilities and institutions and in juvenile detention facilities.

      (f) Proposed legislation that is necessary to implement any necessary or desirable changes in Nevada law relating to the issues set forth in this subsection.

      4.  The members of the task force, other than the Chair of the task force, serve without compensation, except that each such member is entitled, while engaged in the business of the task force and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  Not later than 30 days after appointment, each member of the task force, other than the Chair of the task force, shall nominate one person to serve as his or her alternate member and submit the name of the person nominated to the Chair of the task force for appointment. An alternate member shall serve as a voting member of the task force when the appointed member who nominated the alternate member is disqualified or unable to serve.

      6.  The members of the task force shall hold not more than four meetings at the call of the Chair of the task force.

      7.  To the extent that money is available, including, without limitation, money from gifts, grants and donations, the Committee may fund the costs of the task force.

      8.  The Committee shall submit a report of the findings of the task force and its recommendations for legislation to the 78th Session of the Nevada Legislature.

      Sec. 11.  1.  This section and section 10 of this act become effective on July 1, 2013.

 


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ê2013 Statutes of Nevada, Page 2905 (Chapter 483, AB 202)ê

 

      2.  Sections 2 to 9, inclusive, of this act become effective on October 1, 2013.

      3.  Sections 1, 1.3 and 1.7 of this act become effective on October 1, 2014.

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CHAPTER 484, AB 205

Assembly Bill No. 205–Committee on Education

 

CHAPTER 484

 

[Approved: June 11, 2013]

 

AN ACT relating to education; requiring that a performance framework for a charter school be incorporated into the charter contract; revising provisions governing applications for authorization to sponsor charter schools by the board of trustees of a school district or a college or university within the Nevada System of Higher Education; revising the procedure for reviewing an application to form a charter school; setting forth requirements for the execution and renewal of charter contracts; setting forth the grounds for termination of a charter contract; revising provisions relating to the enrollment of pupils in charter schools; requiring the Department of Education to adopt regulations for the comprehensive review of sponsors of charter schools approved by the Department and for the revocation of the authorization to sponsor charter schools; making various other changes relating to charter schools; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the formation and operation of charter schools. (NRS 386.490-386.610) Section 3 of this bill requires that a written performance framework for a charter school be incorporated into the charter contract executed by the sponsor and the governing body of the charter school pursuant to section 8 of this bill. The performance framework must include performance indicators, measures and metrics for: (1) the academic achievement and proficiency of pupils enrolled in the charter school and disparities in achievement among those pupils; (2) the attendance rate of pupils enrolled in the charter school and the percentage of pupils who reenroll from year-to-year; (3) the financial condition and sustainability of the charter school; (4) the performance of the governing body of the charter school; and (5) if the charter school enrolls pupils at the high school grade level, the rate of graduation of those pupils. This bill also addresses the period during which some charter schools will continue to operate under existing written charters until their expiration and potential renewal under the terms and conditions for the issuance of a charter contract.

      Existing law prescribes the circumstances under which the sponsor of a charter school is authorized to revoke the charter of a charter school. (NRS 386.535) Section 3.5 of this bill requires the sponsor of a charter school to revoke the written charter or terminate the charter contract of the charter school if the charter school receives three consecutive annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department of Education pursuant to the statewide system of accountability for public schools. The procedures in existing law setting forth notice and timelines for the revocation of the written charter or the termination of a charter contract do not apply to termination on these grounds. Section 3.5 also provides that a rating of a charter school based upon the performance of the charter school for any school year before the 2013-2014 school year pursuant to the statewide system of accountability must not be included in the count of consecutive annual ratings for the purposes of determining whether termination is required.

 


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ê2013 Statutes of Nevada, Page 2906 (Chapter 484, AB 205)ê

 

performance of the charter school for any school year before the 2013-2014 school year pursuant to the statewide system of accountability must not be included in the count of consecutive annual ratings for the purposes of determining whether termination is required.

      Existing law authorizes the board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor charter schools. (NRS 386.515) Section 5 of this bill clarifies that, similar to the board of trustees of a school district, a college or university is required to submit an application to the Department to sponsor charter schools. Under existing law, the Department is also required to adopt regulations prescribing the process for submission of an application by the board of trustees of a school district for authorization to sponsor charter schools. (NRS 386.540) Section 12 of this bill makes a college or university within the Nevada System of Higher Education subject to those regulations and requires the Department to adopt additional regulations prescribing: (1) the process and timeline for the review of an application for authorization to sponsor charter schools; (2) the process for the Department to conduct a comprehensive review of sponsors of charter schools approved by the Department at least once every 3 years; and (3) the process for the Department to continue or revoke the authorization of a board of trustees or a college or university to sponsor charter schools.

      Under existing law, the proposed sponsor of a charter school may request the Department to assist in the review of an application to form a charter school by determining whether the application is substantially complete and compliant. If the Department determines that an application is not substantially complete and compliant, the staff of the Department is required to meet with the applicant to confer on the method to correct the deficiencies in the application identified by the Department. (NRS 386.520) Sections 6 and 7 of this bill remove the provisions relating to the review of an application to form a charter school by the Department.

      Existing law sets forth the process for review of an application to form a charter school by the proposed sponsor of the charter school. (NRS 386.525) Section 7 requires the proposed sponsor to assemble a team of reviewers and to conduct a thorough evaluation of the application, including an in-person interview with the committee to form the charter school. Section 7 also requires that to approve an application, the proposed sponsor must determine that the applicant has demonstrated competence which will likely result in a successful opening and operation of the charter school.

      Under existing law, if an application to form a charter school is approved by the proposed sponsor of the charter school, the charter school is issued a written charter for a term of 6 years. (NRS 386.527) Section 8 removes the requirement for the issuance of a written charter and instead requires the proposed sponsor of the charter school and the governing body of the charter school, on or after the effective date of this bill, to execute a charter contract for a term of 6 years.

      Existing law sets forth the procedures for renewal and revocation of written charters. (NRS 386.530, 386.535) Section 9 of this bill removes the written charter and instead prescribes the procedure for renewal of a charter contract, which includes a requirement that the sponsor provide the charter school with a written report summarizing the charter school’s performance during the term of the charter contract. Section 10 of this bill prescribes the grounds for the revocation of a written charter and the termination of a charter contract, which includes, if the charter school holds a charter contract, the ground that the charter school has persistently underperformed, as measured by the performance framework developed for the charter school.

      Existing law provides that a charter school dedicated to providing educational programs and opportunities to pupils who are at risk may enroll a child who is the child of a full-time employee of the charter school before enrolling pupils who are otherwise eligible for enrollment. Section 17 of this bill removes the provision that such a charter school must serve at-risk pupils and instead authorizes any charter school to, before enrolling children who are otherwise eligible for enrollment, enroll a child if the child is the child of: (1) an employee of the charter school; (2) a member of the committee to form the charter school; or (3) a member of the governing body of the charter school.

 


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ê2013 Statutes of Nevada, Page 2907 (Chapter 484, AB 205)ê

 

child if the child is the child of: (1) an employee of the charter school; (2) a member of the committee to form the charter school; or (3) a member of the governing body of the charter school.

      Section 19 of this bill revises requirements for the annual report that the sponsor of a charter school is required to provide to the Department of Education by including, for a charter school that it sponsors with a charter contract, a summary evaluating the performance of the charter school, as measured by the performance framework, and by removing the requirement that the sponsor of the charter school include a description of the administrative support and services provided by the sponsor. (NRS 386.610)

 

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 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.5, inclusive, of this act.

      Sec. 2. “Charter contract” means the contract executed between the governing body of a charter school and the sponsor of the charter school pursuant to NRS 386.527.

      Sec. 2.5. “Performance framework” means the performance framework for a charter school that is required to be incorporated into a charter contract pursuant to NRS 386.527.

      Sec. 3. 1.  The performance framework that is required to be incorporated into the charter contract pursuant to paragraph (a) of subsection 1 of NRS 386.527 must include, without limitation, performance indicators, measures and metrics for the categories of academics, finances and organization as follows:

      (a) The category of academics addresses:

             (1) The academic achievement and proficiency of pupils enrolled in the charter school, including, without limitation, the progress of pupils from year-to-year based upon the model to measure the achievement of pupils adopted by the Department pursuant to NRS 385.3595;

             (2) Disparities in the academic achievement and proficiency of pupils enrolled in the charter school; and

             (3) If the charter school enrolls pupils at the high school grade level, the rate of graduation of those pupils and the preparation of those pupils for success in postsecondary educational institutions and in career and workforce readiness.

      (b) The category of finances addresses the financial condition and sustainability of the charter school.

      (c) The category of organization addresses:

            (1) The percentage of pupils who reenroll in the charter school from year-to-year;

             (2) The rate of attendance of pupils enrolled in the charter school; and

             (3) The performance of the governing body of the charter school, including, without limitation, compliance with the terms and conditions of the charter contract and the applicable statutes and regulations.

      2.  In addition to the requirements for the performance framework set forth in subsection 1, the sponsor of the charter school may, upon request of the governing body of the charter school, include additional rigorous, valid and reliable performance indicators, measures and metrics in the performance framework that are specific to the mission of the charter school and that are consistent with NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act.

 


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valid and reliable performance indicators, measures and metrics in the performance framework that are specific to the mission of the charter school and that are consistent with NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act.

      3.  The governing body of a charter school shall, in consultation with the sponsor of the charter school, establish annual performance goals to ensure that the charter school is meeting the performance indicators, measures and metrics set forth in the performance framework in the charter contract.

      4.  If an application for renewal of a charter contract is approved, the sponsor of the charter school may review and, if necessary, revise the performance framework. Such a revised performance framework must be incorporated into the renewed charter contract.

      5.  The sponsor of a charter school shall ensure the collection, analysis and reporting of all data from the results of pupils enrolled in the charter school on statewide examinations to determine whether the charter school is meeting the performance indicators, measures and metrics for the achievement and proficiency of pupils as set forth in the performance framework for the charter school.

      Sec. 3.5. 1.  The sponsor of a charter school shall revoke the written charter or terminate the charter contract of the charter school if the charter school receives three consecutive annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools. A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school for any school year before the 2013-2014 school year must not be included in the count of consecutive annual ratings for the purposes of this subsection.

      2.  If a written charter is revoked or a charter contract is terminated pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination not later than 10 days after revoking the written charter or terminating the charter contract.

      3.  The provisions of NRS 386.535 do not apply to the revocation of a written charter or termination of a charter contract pursuant to this section.

      Sec. 4. NRS 386.490 is hereby amended to read as follows:

      386.490  As used in NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, the words and terms defined in NRS 386.495, 386.500 and 386.503 and sections 2 and 2.5 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 386.515 is hereby amended to read as follows:

      386.515  1.  The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district [.] in accordance with the regulations adopted by the Department pursuant to NRS 386.540. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

 


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      2.  The State Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State Public Charter School Authority pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

      3.  A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools [.] in accordance with the regulations adopted by the Department pursuant to NRS 386.540. An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor charter schools.

      4.  Each sponsor of a charter school shall carry out the following duties and powers:

      (a) Evaluating applications to form charter schools as prescribed by NRS 386.525;

      (b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;

      (c) Declining to approve applications to form charter schools that do not satisfy the requirements of NRS 386.525;

      (d) Negotiating and executing [written charters] charter contracts pursuant to NRS 386.527;

      (e) Monitoring, in accordance with NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and in accordance with the terms and conditions of the applicable [written] charter [,] contract, the performance and compliance of each charter school sponsored by the entity; and

      (f) Determining whether [each written] the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the [written] charter contract should be denied or whether the written charter should be revoked or the charter contract [should be revoked] terminated, as applicable, in accordance with NRS 386.530 or 386.535, or section 3.5 of this act, as applicable.

      5.  Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools. In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools. The policies and practices must include, without limitation:

      (a) The organizational capacity and infrastructure of the sponsor for sponsorship of charter schools, which must not be described as a limit on the number of charter schools the sponsor will approve;

      (b) The procedure and criteria for evaluating charter school applications in accordance with NRS 386.525 [;] and for the renewal of charter contracts pursuant to NRS 386.530;

      (c) A description of how the sponsor will maintain oversight of the charter schools it sponsors; and

      (d) A description of the process of evaluation for the charter schools it sponsors in accordance with NRS 386.610.

 


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      6.  Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entity’s authority to sponsor charter schools.

      Sec. 5.5. NRS 386.515 is hereby amended to read as follows:

      386.515  1.  The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted by the Department pursuant to NRS 386.540. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

      2.  The State Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State Public Charter School Authority pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

      3.  A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department pursuant to NRS 386.540. An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor charter schools.

      4.  Each sponsor of a charter school shall carry out the following duties and powers:

      (a) Evaluating applications to form charter schools as prescribed by NRS 386.525;

      (b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;

      (c) Declining to approve applications to form charter schools that do not satisfy the requirements of NRS 386.525;

      (d) Negotiating and executing charter contracts pursuant to NRS 386.527;

      (e) Monitoring, in accordance with NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and in accordance with the terms and conditions of the applicable charter contract, the performance and compliance of each charter school sponsored by the entity; and

      (f) Determining whether the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the charter contract should be denied or whether the [written] charter contract should be [revoked or the charter contract ] terminated [, as applicable,] in accordance with NRS 386.530 or 386.535, or section 3.5 of this act, as applicable.

      5.  Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools. In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools. The policies and practices must include, without limitation:

 


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      (a) The organizational capacity and infrastructure of the sponsor for sponsorship of charter schools, which must not be described as a limit on the number of charter schools the sponsor will approve;

      (b) The procedure and criteria for evaluating charter school applications in accordance with NRS 386.525 and for the renewal of charter contracts pursuant to NRS 386.530;

      (c) A description of how the sponsor will maintain oversight of the charter schools it sponsors; and

      (d) A description of the process of evaluation for the charter schools it sponsors in accordance with NRS 386.610.

      6.  Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entity’s authority to sponsor charter schools.

      Sec. 6. NRS 386.520 is hereby amended to read as follows:

      386.520  1.  A committee to form a charter school must consist of:

      (a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing;

      (b) One member who:

             (1) Satisfies the qualifications of paragraph (a); or

             (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing;

      (c) One parent or legal guardian who is not a teacher or employee of the proposed charter school; and

      (d) Two members who possess knowledge and expertise in one or more of the following areas:

             (1) Accounting;

             (2) Financial services;

             (3) Law; or

             (4) Human resources.

      2.  In addition to the members who serve pursuant to subsection 1, the committee to form a charter school may include, without limitation, not more than four additional members as follows:

      (a) Members of the general public;

      (b) Representatives of nonprofit organizations and businesses; or

      (c) Representatives of a college or university within the Nevada System of Higher Education.

      3.  A majority of the persons who serve on the committee to form a charter school must be residents of this State at the time that the application to form the charter school is submitted to the Department.

      4.  The committee to form a charter school shall ensure that the completed application:

      (a) Presents the academic, financial and organizational vision and plans for the proposed charter school; and

      (b) Provides the proposed sponsor of the charter school with a clear basis for assessing the capacity of the applicant to carry out the vision and plans.

      5.  An application to form a charter school must include all information prescribed by the Department by regulation and:

 


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      (a) A written description of how the charter school will carry out the provisions of NRS 386.490 to 386.610, inclusive [.] , and sections 2 to 3.5, inclusive, of this act.

      (b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

             (1) Improving the academic achievement of pupils;

             (2) Encouraging the use of effective and innovative methods of teaching;

             (3) Providing an accurate measurement of the educational achievement of pupils;

             (4) Establishing accountability and transparency of public schools;

             (5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

             (6) Creating new professional opportunities for teachers.

      (c) The projected enrollment of pupils in the charter school.

      (d) The proposed dates for accepting applications for enrollment in the initial year of operation of the charter school.

      (e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method for nominating and electing the persons who will govern and the term of office for each person.

      (f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

      (g) The proposed curriculum for the charter school and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

      (h) The textbooks that will be used at the charter school.

      (i) The qualifications of the persons who will provide instruction at the charter school.

      (j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

      (k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

      (l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

      (m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125 and 391.3128. If the procedure is different from the procedure prescribed in NRS 391.3125 and 391.3128, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125 and 391.3128.

 


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school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125 and 391.3128.

      (n) The time by which certain academic or educational results will be achieved.

      (o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

      (p) A statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 386.580 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

      [5.  The proposed sponsor of a charter school may request that the Department review an application before review by the proposed sponsor to determine whether the application is substantially complete and compliant. Upon such a request, the Department shall review an application to form a charter school to determine whether it is substantially complete and compliant. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the Department shall provide written notice to the applicant that the application is ineligible for consideration by the proposed sponsor.]

      6.  [The Department shall provide written notice to the applicant and the proposed sponsor of the charter school of its determination whether the application is substantially complete and compliant. If the Department determines that an application is not substantially complete and compliant, the Department shall include in the written notice the basis for that determination and the deficiencies in the application. The staff designated by the Department shall meet with the applicant to confer on the method to correct the identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. If the Department determines an application is substantially complete and compliant, the Department shall transmit the application to the proposed sponsor for review pursuant to NRS 386.525.

      7.]  As used in subsection 1, “teacher” means a person who:

      (a) Holds a current license to teach issued pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing; and

      (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

      Sec. 7. NRS 386.525 is hereby amended to read as follows:

      386.525  1.  [Except as otherwise provided in this subsection, a committee to form a] A charter school may submit the application to the proposed sponsor of the charter school. [If the proposed sponsor of a charter school requested that the Department review the application pursuant to NRS 386.520 and the Department determined that the application was not substantially complete and compliant pursuant to that section, the application may not be submitted to the proposed sponsor for review pursuant to this section.] If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.

 


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      2.  The proposed sponsor of a charter school shall, in reviewing an application to form a charter school:

      (a) Assemble a team of reviewers who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter schools to review and evaluate the application;

      (b) Conduct a thorough evaluation of the application, which includes an in-person interview with the committee to form the charter school;

      (c) Base its determination on documented evidence collected through the process of reviewing the application; and

      (d) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 5 of NRS 386.515.

      3.  The proposed sponsor of a charter school may approve an application to form a charter school only if the proposed sponsor determines that:

      (a) The application:

             (1) Complies with NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and the regulations applicable to charter schools; and

             (2) Is complete in accordance with the regulations of the Department; and

      (b) The applicant has demonstrated competence in accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 5 of NRS 386.515 that will likely result in a successful opening and operation of the charter school.

      4.  If the board of trustees of a school district or a college or a university within the Nevada System of Higher Education, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than [45] 60 days after the receipt of the application, or a later period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. [If the proposed sponsor requested that the Department review the application pursuant to NRS 386.520, the proposed sponsor shall be deemed to receive the application pursuant to this subsection upon transmittal of the application from the Department.] The board of trustees, the college or the university, as applicable, shall review an application [to determine whether the application:

      (a) Complies with NRS 386.490 to 386.610, inclusive, and the regulations applicable to charter schools; and

      (b) Is complete in accordance with the regulations of the Department.

      3.]in accordance with the requirements for review set forth in subsections 2 and 3.

      5. [The Department shall assist the board of trustees of a school district, the college or the university, as applicable, in the review of an application.] The board of trustees, the college or the university, as applicable, may approve an application if it satisfies the requirements of [paragraphs (a) and (b) of] subsection [2.] 3.

      6.  The board of trustees, the college or the university, as applicable, shall provide written notice to the applicant of its approval or denial of the application.

 


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      [4.]  If the board of trustees, the college or the university, as applicable, denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      [5.]7.  If the board of trustees, the college or the university, as applicable, denies an application after it has been resubmitted pursuant to subsection [4,] 6, the applicant may submit a written request for sponsorship by the State Public Charter School Authority not more than 30 days after receipt of the written notice of denial. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

      [6.]8.  If the State Public Charter School Authority receives an application pursuant to subsection 1 or [5,] 7, it shall consider the application at a meeting which must be held not later than [45] 60 days after receipt of the application [.] or a later period mutually agreed upon by the committee to form the charter school and the State Public Charter School Authority. [If the State Public Charter School Authority requested that the Department review the application pursuant to NRS 386.520, the State Public Charter School Authority shall be deemed to receive the application pursuant to this subsection upon transmittal of the application from the Department.] Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Public Charter School Authority shall review the application in accordance with the [factors] requirements for review set forth in [paragraphs (a) and (b) of subsection] subsections 2 [.] and 3. [The Department shall assist the State Public Charter School Authority in the review of an application.] The State Public Charter School Authority may approve an application only if it satisfies the requirements of [paragraphs (a) and (b) of] subsection [2.] 3. Not more than 30 days after the meeting, the State Public Charter School Authority shall provide written notice of its determination to the applicant.

      [7.]9.  If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based upon a finding that the applicant failed to [adequately address objective criteria established by regulation of the Department or the State Board.] satisfy the requirements of subsection 3. The State Public Charter School Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies in the application. The staff designated by the State Public Charter School Authority shall meet with the applicant to confer on the method to correct the identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      [8.]10.  If the State Public Charter School Authority denies an application after it has been resubmitted pursuant to subsection [7,] 9, the applicant may, not more than 30 days after the receipt of the written notice from the State Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.

      [9.]11.  On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

 


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      (a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the immediately preceding biennium;

      (b) The educational focus of each charter school for which an application was submitted;

      (c) The current status of the application; and

      (d) If the application was denied, the reasons for the denial.

      Sec. 8. NRS 386.527 is hereby amended to read as follows:

      386.527  1.  If the [State Public Charter School Authority, the board of trustees of a school district or a college or university within the Nevada System of Higher Education] proposed sponsor of a charter school approves an application to form a charter school, it shall , before the effective date of this act, grant a written charter to the governing body of the charter school or, on or after the effective date of this act, negotiate and execute a charter [to] contract with the [applicant.] governing body of the charter school. A charter contract must be executed not later than 60 days before the charter school commences operation. The charter contract must be in writing and incorporate, without limitation:

      (a) The performance framework for the charter school;

      (b) A description of the administrative relationship between the sponsor of the charter school and the governing body of the charter school, including, without limitation, the rights and duties of the sponsor and the governing body; and

      (c) Any pre-opening conditions which the sponsor has determined are necessary for the charter school to satisfy before the commencement of operation to ensure that the charter school meets all building, health, safety, insurance and other legal requirements.

      2.  The charter contract must be signed by a member of the governing body of the charter school and:

      (a) If the board of trustees of a school district is the sponsor of the charter school, the superintendent of schools of the school district;

      (b) If the State Public Charter School Authority is the sponsor of the charter school, the Chair of the State Public Charter School Authority; or

      (c) If a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the president of the college or university.

      3.  Before the charter contract is executed, the sponsor of the charter school must approve the charter contract at a meeting of the sponsor held in accordance with chapter 241 of NRS.

      4.  The [State Public Charter School Authority, the board of trustees, the college or the university, as applicable,] sponsor of the charter school shall, not later than 10 days after the [approval] execution of the [application,] charter contract, provide [written notice] to the Department :

      (a) Written notice of the [approval] charter contract and the date of [the approval.] execution; and

      (b) A copy of the charter contract and any other documentation relevant to the charter contract.

      5.  If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

      [2.]6.  If the State Public Charter School Authority approves the application:

 


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      (a) The State Public Charter School Authority shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board, the State Public Charter School Authority nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

      [3.]7.  If a college or university within the Nevada System of Higher Education approves the application:

      (a) That institution shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

      [4.]8.  The governing body of a charter school may request, at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt:

      (a) A process for a charter school that requests a change in the sponsorship of the charter school, which must not require the charter school to undergo all the requirements of an initial application to form a charter school; and

      (b) Objective criteria for the conditions under which such a request may be granted.

      [5.  Except as otherwise provided in subsection 7, a written charter]

      9.  A written charter or a charter contract, as applicable, must be for a term of 6 years . [unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in subsection 4 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the State Public Charter School Authority or a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

      6.]The term of the charter contract begins on the first day of operation of the charter school after the charter contract has been executed. The sponsor of the charter school may require, or the governing body of the charter school may request that the sponsor authorize, the charter school to delay commencement of operation for 1 school year.

      10.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter [of the] or charter [school.] contract, as applicable. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school. If the proposed amendment complies with the provisions of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other statute or regulation applicable to charter schools, the sponsor and the governing body of the charter school may amend the written charter or charter contract, as applicable, in accordance with the proposed amendment.

 


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ê2013 Statutes of Nevada, Page 2918 (Chapter 484, AB 205)ê

 

of this act, and any other statute or regulation applicable to charter schools, the sponsor and the governing body of the charter school may amend the written charter or charter contract, as applicable, in accordance with the proposed amendment. If the sponsor denies the request for an amendment, the sponsor shall provide written notice to the governing body of the charter school setting forth the reasons for the denial.

      [7.  The State Board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

      (a) Period for which such a written charter is valid; and

      (b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

Ê A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

      8.  The holder of a written charter that is issued pursuant to subsection 7]

      11.  A charter school shall not commence operation [of the charter school] and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements [adopted by the State Board pursuant to subsection 7] of this section have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

      (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

      (b) Charter school,

Ê whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

      Sec. 8.5. NRS 386.527 is hereby amended to read as follows:

      386.527  1.  If the proposed sponsor of a charter school approves an application to form a charter school, it shall [, before the effective date of this act, grant a written charter to the governing body of the charter school or, on or after the effective date of this act,] negotiate and execute a charter contract with the governing body of the charter school. A charter contract must be executed not later than 60 days before the charter school commences operation. The charter contract must be in writing and incorporate, without limitation:

      (a) The performance framework for the charter school;

      (b) A description of the administrative relationship between the sponsor of the charter school and the governing body of the charter school, including, without limitation, the rights and duties of the sponsor and the governing body; and

 


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ê2013 Statutes of Nevada, Page 2919 (Chapter 484, AB 205)ê

 

      (c) Any pre-opening conditions which the sponsor has determined are necessary for the charter school to satisfy before the commencement of operation to ensure that the charter school meets all building, health, safety, insurance and other legal requirements.

      2.  The charter contract must be signed by a member of the governing body of the charter school and:

      (a) If the board of trustees of a school district is the sponsor of the charter school, the superintendent of schools of the school district;

      (b) If the State Public Charter School Authority is the sponsor of the charter school, the Chair of the State Public Charter School Authority; or

      (c) If a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the president of the college or university.

      3.  Before the charter contract is executed, the sponsor of the charter school must approve the charter contract at a meeting of the sponsor held in accordance with chapter 241 of NRS.

      4.  The sponsor of the charter school shall, not later than 10 days after the execution of the charter contract, provide to the Department:

      (a) Written notice of the charter contract and the date of execution; and

      (b) A copy of the charter contract and any other documentation relevant to the charter contract.

      5.  If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

      6.  If the State Public Charter School Authority approves the application:

      (a) The State Public Charter School Authority shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board, the State Public Charter School Authority nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

      7.  If a college or university within the Nevada System of Higher Education approves the application:

      (a) That institution shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

      8.  The governing body of a charter school may request, at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt:

      (a) A process for a charter school that requests a change in the sponsorship of the charter school, which must not require the charter school to undergo all the requirements of an initial application to form a charter school; and

      (b) Objective criteria for the conditions under which such a request may be granted.

      9.  A [written charter or a] charter contract [, as applicable,] must be for a term of 6 years. The term of the charter contract begins on the first day of operation of the charter school after the charter contract has been executed. The sponsor of the charter school may require, or the governing body of the charter school may request that the sponsor authorize, the charter school to delay commencement of operation for 1 school year.

 


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ê2013 Statutes of Nevada, Page 2920 (Chapter 484, AB 205)ê

 

charter school may request that the sponsor authorize, the charter school to delay commencement of operation for 1 school year.

      10.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the [written charter or] charter contract . [, as applicable.] Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school. If the proposed amendment complies with the provisions of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other statute or regulation applicable to charter schools, the sponsor and the governing body of the charter school may amend the [written charter or] charter contract [, as applicable,] in accordance with the proposed amendment. If the sponsor denies the request for an amendment, the sponsor shall provide written notice to the governing body of the charter school setting forth the reasons for the denial.

      11.  A charter school shall not commence operation and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements of this section have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

      (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

      (b) Charter school,

Ê whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

      Sec. 9. NRS 386.530 is hereby amended to read as follows:

      386.530  1.  [Except as otherwise provided in subsection 2,] On or before June 30 immediately preceding the final school year in which a charter school is authorized to operate pursuant to its charter contract, the sponsor of the charter school shall submit to the governing body of the charter school a written report summarizing the performance of the charter school during the term of the charter contract, including, without limitation:

      (a) A summary of the performance of the charter school based upon the terms of the charter contract and the requirements of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act;

      (b) An identification of any deficiencies relating to the performance of the charter school which the sponsor has determined may result in nonrenewal of the charter contract if the deficiencies remain uncorrected;

      (c) Requirements for the application for renewal of the charter contract submitted to the sponsor pursuant to subsection 2; and

      (d) The criteria that the sponsor will apply in making a determination on the application for renewal based upon the performance framework for the charter school and the requirements of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act.

 


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ê2013 Statutes of Nevada, Page 2921 (Chapter 484, AB 205)ê

 

the charter school and the requirements of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act.

      2.  The governing body of a charter school may submit a written response to the sponsor of the charter school concerning the performance report prepared by the sponsor pursuant to subsection 1, which may include any revisions or clarifications that the governing body seeks to make to the report.

      3.  If a charter school seeks to renew its charter contract, the governing body of the charter school shall submit an application for renewal [of a written charter may be submitted] to the sponsor of the charter school [not less than 120 days before the expiration of the charter. The application must include the information prescribed by the regulations of the Department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the Department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in NRS 386.535. The sponsor shall provide written notice of its determination not fewer than 30 days before the expiration of the charter. If the sponsor intends not to renew the charter, the written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and

      (b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.

Ê If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.

      2.  A charter school may submit an application for renewal of its initial charter after 3 years of operation of the charter school. The application must include the information prescribed by the regulations of the Department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the Department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in NRS 386.535. The sponsor shall provide written notice of its determination. If the sponsor intends not to renew the charter, the written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and

      (b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.

Ê If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.] on or before October 15 of the final school year in which the charter school is authorized to operate pursuant to its charter contract. The application for renewal must include, without limitation:

      (a) The requirements for the application identified by the sponsor in the performance report prepared by the sponsor pursuant to subsection 1;

      (b) A description of the academic, financial and organizational vision and plans for the charter school for the next charter term;

      (c) Any information or data that the governing body of the charter school determines supports the renewal of the charter contract in addition to the information contained in the performance report prepared by the sponsor pursuant to subsection 1 and any response submitted by the governing body pursuant to subsection 2; and

 


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ê2013 Statutes of Nevada, Page 2922 (Chapter 484, AB 205)ê

 

to the information contained in the performance report prepared by the sponsor pursuant to subsection 1 and any response submitted by the governing body pursuant to subsection 2; and

      (d) A description of any improvements to the charter school already undertaken or planned.

      4.  The sponsor of a charter school shall consider the application for renewal of the charter contract at a meeting held in accordance with chapter 241 of NRS. The sponsor shall provide written notice to the governing body of the charter school concerning its determination on the application for renewal of the charter contract not more than 60 days after receipt of the application for renewal from the governing body. The determination of the sponsor must be based upon:

      (a) The criteria of the sponsor for the renewal of charter contracts; and

      (b) Evidence of the performance of the charter school during the term of the charter contract in accordance with the performance framework for the charter school.

      5.  The sponsor of the charter school shall:

      (a) Make available to the governing body of the charter school the data used in making the renewal decision; and

      (b) Post a report on the Internet website of the sponsor summarizing the decision of the sponsor on the application for renewal and the basis for its decision.

      6.  A charter contract may be renewed for a term of 6 years.

      Sec. 10. NRS 386.535 is hereby amended to read as follows:

      386.535  Except as otherwise provided in section 3.5 of this act:

      1.  The sponsor of a charter school may revoke [the] a written charter [of the] or terminate a charter [school] contract before the expiration of the charter if the sponsor determines that:

      (a) The charter school, its officers or its employees : [have failed to comply with:]

             (1) [The] Committed a material breach of the terms and conditions of the written charter [;

             (2) Generally] or charter contract;

             (2) Failed to comply with generally accepted standards of [accounting and] fiscal management; [or]

             (3) [The] Failed to comply with the provisions of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, or any other statute or regulation applicable to charter schools; or

             (4) If the charter school holds a charter contract, has persistently underperformed, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school;

      (b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate; or

      (c) There is reasonable cause to believe that revocation or termination is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located.

 


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ê2013 Statutes of Nevada, Page 2923 (Chapter 484, AB 205)ê

 

      2.  Before the sponsor revokes a written charter or terminates a charter [,] contract, the sponsor shall provide written notice of its intention to the governing body of the charter school. The written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based;

      (b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;

      (c) Prescribe the date on which the sponsor will make a determination regarding whether the charter school has corrected the deficiencies, which determination may be made during the public hearing held pursuant to subsection 3; and

      (d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to revoke the written charter or terminate the charter [.] contract.

      3.  Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to revoke the written charter or terminate the [written] charter [.] contract. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not revoke the written charter or terminate the [written] charter contract of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected.

      4.  The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.

      5.  If the written charter is revoked or the charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination not later than 10 days after revoking the written charter or terminating the charter contract.

      Sec. 10.5. NRS 386.535 is hereby amended to read as follows:

      386.535  Except as otherwise provided in section 3.5 of this act:

      1.  The sponsor of a charter school may [revoke a written charter or] terminate a charter contract before the expiration of the charter if the sponsor determines that:

      (a) The charter school, its officers or its employees:

             (1) Committed a material breach of the terms and conditions of the [written charter or] charter contract;

             (2) Failed to comply with generally accepted standards of fiscal management;

             (3) Failed to comply with the provisions of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, or any other statute or regulation applicable to charter schools; or

 

 

 


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ê2013 Statutes of Nevada, Page 2924 (Chapter 484, AB 205)ê

 

             (4) [If the charter school holds a charter contract, has] Has persistently underperformed, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school;

      (b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate; or

      (c) There is reasonable cause to believe that [revocation or] termination is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located.

      2.  Before the sponsor [revokes a written charter or] terminates a charter contract, the sponsor shall provide written notice of its intention to the governing body of the charter school. The written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based;

      (b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;

      (c) Prescribe the date on which the sponsor will make a determination regarding whether the charter school has corrected the deficiencies, which determination may be made during the public hearing held pursuant to subsection 3; and

      (d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to [revoke the written charter or] terminate the charter contract.

      3.  Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to [revoke the written charter or] terminate the charter contract. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not [revoke the written charter or] terminate the charter contract of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected.

      4.  The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.

      5.  If the [written charter is revoked or the] charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination not later than 10 days after [revoking the written charter or] terminating the charter contract

      Sec. 11. NRS 386.536 is hereby amended to read as follows:

      386.536  1.  Except as otherwise provided in subsections 2 and 3, if a charter school ceases to operate voluntarily , if a charter contract is not renewed or upon revocation of a written charter or termination of [its written] a charter [,] contract, the governing body of the charter school shall appoint an administrator of the charter school, subject to the approval of the sponsor of the charter school, to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure.

 


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ê2013 Statutes of Nevada, Page 2925 (Chapter 484, AB 205)ê

 

appoint an administrator of the charter school, subject to the approval of the sponsor of the charter school, to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure. The administrator shall assume the responsibility for the records of the:

      (a) Charter school;

      (b) Employees of the charter school; and

      (c) Pupils enrolled in the charter school.

      2.  If an administrator for the charter school is no longer available to carry out the duties set forth in subsection 1, the governing body of the charter school shall appoint a qualified person to assume those duties.

      3.  If the governing body of the charter school ceases to exist or is otherwise unable to appoint an administrator pursuant to subsection 1 or a qualified person pursuant to subsection 2, the sponsor of the charter school shall appoint an administrator or a qualified person to carry out the duties set forth in subsection 1.

      4.  The governing body of the charter school or the sponsor of the charter school may, to the extent practicable, provide financial compensation to the administrator or person appointed to carry out the provisions of this section. If the sponsor of the charter school provides such financial compensation, the sponsor is entitled to receive reimbursement from the charter school for the costs incurred by the sponsor in providing the financial compensation. Such reimbursement must not exceed costs incurred for a period longer than 6 months.

      Sec. 11.5. NRS 386.536 is hereby amended to read as follows:

      386.536  1.  Except as otherwise provided in subsections 2 and 3, if a charter school ceases to operate voluntarily, if a charter contract is not renewed or upon [revocation of a written charter or] termination of a charter contract, the governing body of the charter school shall appoint an administrator of the charter school, subject to the approval of the sponsor of the charter school, to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure. The administrator shall assume the responsibility for the records of the:

      (a) Charter school;

      (b) Employees of the charter school; and

      (c) Pupils enrolled in the charter school.

      2.  If an administrator for the charter school is no longer available to carry out the duties set forth in subsection 1, the governing body of the charter school shall appoint a qualified person to assume those duties.

      3.  If the governing body of the charter school ceases to exist or is otherwise unable to appoint an administrator pursuant to subsection 1 or a qualified person pursuant to subsection 2, the sponsor of the charter school shall appoint an administrator or a qualified person to carry out the duties set forth in subsection 1.

      4.  The governing body of the charter school or the sponsor of the charter school may, to the extent practicable, provide financial compensation to the administrator or person appointed to carry out the provisions of this section. If the sponsor of the charter school provides such financial compensation, the sponsor is entitled to receive reimbursement from the charter school for the costs incurred by the sponsor in providing the financial compensation. Such reimbursement must not exceed costs incurred for a period longer than 6 months.

 


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ê2013 Statutes of Nevada, Page 2926 (Chapter 484, AB 205)ê

 

      Sec. 12. NRS 386.540 is hereby amended to read as follows:

      386.540  1.  The Department shall adopt regulations that prescribe:

      (a) The process for submission of an application pursuant to NRS 386.515 by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to the Department for authorization to sponsor charter schools , [and] the contents of the application [;] , the process for the Department to review the application and the timeline for review;

      (b) The process for the Department to conduct a comprehensive review of the sponsors of charter schools that it has approved for sponsorship pursuant to NRS 386.515 at least once every 3 years;

      (c) The process for the Department to determine whether to continue or to revoke the authorization of a board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor charter schools;

      (d) The process for submission of an application to form a charter school to the board of trustees of a school district, the State Public Charter School Authority and a college or university within the Nevada System of Higher Education, and the contents of the application;

      [(c)](e) The process for submission of an application to renew a [written] charter [;] contract;

      [(d)](f) The criteria and type of investigation that must be applied by the board of trustees, the State Public Charter School Authority and a college or university within the Nevada System of Higher Education in determining whether to approve an application to form a charter school, an application to renew a [written] charter contract or a request for an amendment of a written charter [;] or a charter contract; and

      [(e)](g) The process for submission of an amendment of a written charter or a charter contract pursuant to NRS 386.527 and the contents of the application.

      2.  The Department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, including, without limitation, regulations that prescribe the:

      (a) Procedures for accounting and budgeting;

      (b) Requirements for performance audits and financial audits of charter schools on an annual basis for charter schools that do not satisfy the requirements of subsection 1 of NRS 386.5515; and

      (c) Requirements for performance audits every 3 years and financial audits on an annual basis for charter schools that satisfy the requirements of subsection 1 of NRS 386.5515.

      Sec. 12.5. NRS 386.540 is hereby amended to read as follows:

      386.540  1.  The Department shall adopt regulations that prescribe:

      (a) The process for submission of an application pursuant to NRS 386.515 by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to the Department for authorization to sponsor charter schools, the contents of the application, the process for the Department to review the application and the timeline for review;

      (b) The process for the Department to conduct a comprehensive review of the sponsors of charter schools that it has approved for sponsorship pursuant to NRS 386.515 at least once every 3 years;

 


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ê2013 Statutes of Nevada, Page 2927 (Chapter 484, AB 205)ê

 

      (c) The process for the Department to determine whether to continue or to revoke the authorization of a board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor charter schools; 

      (d) The process for submission of an application to form a charter school to the board of trustees of a school district, the State Public Charter School Authority and a college or university within the Nevada System of Higher Education, and the contents of the application;

      (e) The process for submission of an application to renew a charter contract;

      (f) The criteria and type of investigation that must be applied by the board of trustees, the State Public Charter School Authority and a college or university within the Nevada System of Higher Education in determining whether to approve an application to form a charter school, an application to renew a charter contract or a request for an amendment of a [written charter or a] charter contract; and

      (g) The process for submission of an amendment of a [written charter or a] charter contract pursuant to NRS 386.527 and the contents of the application.

      2.  The Department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, including, without limitation, regulations that prescribe the:

      (a) Procedures for accounting and budgeting;

      (b) Requirements for performance audits and financial audits of charter schools on an annual basis for charter schools that do not satisfy the requirements of subsection 1 of NRS 386.5515; and

      (c) Requirements for performance audits every 3 years and financial audits on an annual basis for charter schools that satisfy the requirements of subsection 1 of NRS 386.5515.

      Sec. 13. NRS 386.551 is hereby amended to read as follows:

      386.551  The provisions of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other statute or regulation applicable to a charter school or its officers or employees govern the formation and operation of charter schools in this State. [Upon the first renewal of a written charter and each renewal thereafter, the sponsor of a charter school shall not prescribe additional requirements or otherwise require a charter school to comply with additional terms or conditions unless the sponsor is specifically authorized by statute, regulation or the written charter.]

      Sec. 14. NRS 386.561 is hereby amended to read as follows:

      386.561  1.  The governing body of a charter school may contract with the sponsor of the charter school for the purchase of services, excluding those services which are covered by the sponsorship fee paid to the sponsor pursuant to NRS 386.570. If the governing body of a charter school elects to purchase such services, the governing body and the sponsor shall enter into an annual service agreement which is separate from the written charter or charter contract of the charter school [.] , as applicable.

      2.  If a service agreement is entered into pursuant to this section, the sponsor of the charter school shall, not later than August 1 after the completion of the school year, provide to the governing body of the charter school an itemized accounting of the actual costs of those services purchased by the charter school.

 


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ê2013 Statutes of Nevada, Page 2928 (Chapter 484, AB 205)ê

 

by the charter school. Any difference between the amount paid by the charter school pursuant to the service agreement and the actual cost for those services must be reconciled and paid to the party to whom it is due. If the governing body or the sponsor disputes the amount due, the party making the dispute may request an independent review by the Department, whose determination is final.

      3.  The governing body of a charter school may not be required to enter into a service agreement pursuant to this section as a condition to approval of its [written] charter contract by the sponsor of the charter school or as a condition to renewal of the [written] charter [.] contract.

      Sec. 14.5. NRS 386.561 is hereby amended to read as follows:

      386.561  1.  The governing body of a charter school may contract with the sponsor of the charter school for the purchase of services, excluding those services which are covered by the sponsorship fee paid to the sponsor pursuant to NRS 386.570. If the governing body of a charter school elects to purchase such services, the governing body and the sponsor shall enter into an annual service agreement which is separate from the [written charter or] charter contract of the charter school . [, as applicable.]

      2.  If a service agreement is entered into pursuant to this section, the sponsor of the charter school shall, not later than August 1 after the completion of the school year, provide to the governing body of the charter school an itemized accounting of the actual costs of those services purchased by the charter school. Any difference between the amount paid by the charter school pursuant to the service agreement and the actual cost for those services must be reconciled and paid to the party to whom it is due. If the governing body or the sponsor disputes the amount due, the party making the dispute may request an independent review by the Department, whose determination is final.

      3.  The governing body of a charter school may not be required to enter into a service agreement pursuant to this section as a condition to approval of its charter contract by the sponsor of the charter school or as a condition to renewal of the charter contract.

      Sec. 15. NRS 386.565 is hereby amended to read as follows:

      386.565  The board of trustees of a school district in which a charter school is located shall not:

      1.  Assign any pupil who is enrolled in a public school in the school district or any employee who is employed in a public school in the school district to a charter school.

      2.  Interfere with the operation and management of the charter school except as authorized by the written charter [,] or charter contract, as applicable, NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other statute or regulation applicable to charter schools or its officers or employees.

      Sec. 15.5. NRS 386.565 is hereby amended to read as follows:

      386.565  The board of trustees of a school district in which a charter school is located shall not:

      1.  Assign any pupil who is enrolled in a public school in the school district or any employee who is employed in a public school in the school district to a charter school.

      2.  Interfere with the operation and management of the charter school except as authorized by the [written charter or] charter contract, [as applicable,] NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other statute or regulation applicable to charter schools or its officers or employees.

 


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applicable,] NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other statute or regulation applicable to charter schools or its officers or employees.

      Sec. 16. NRS 386.578 is hereby amended to read as follows:

      386.578  1.  If the governing body of a charter school has a written charter issued or a charter contract executed pursuant to NRS 386.527, the governing body may submit an application to the Department for a loan from the Account for Charter Schools. An application must include a written description of the manner in which the loan will be used to prepare the charter school for its first year of operation or to improve a charter school that has been in operation.

      2.  The Department shall, within the limits of money available for use in the Account, make loans to charter schools whose applications have been approved. If the Department makes a loan from the Account, the Department shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.

      3.  The State Board:

      (a) Shall adopt regulations that prescribe the:

             (1) Annual deadline for submission of an application to the Department by a charter school that desires to receive a loan from the Account; and

             (2) Period for repayment and the rate of interest for loans made from the Account.

      (b) May adopt such other regulations as it deems necessary to carry out the provisions of this section and NRS 386.576 and 386.577.

      Sec. 16.5. NRS 386.578 is hereby amended to read as follows:

      386.578  1.  If the governing body of a charter school has a [written charter issued or a] charter contract executed pursuant to NRS 386.527, the governing body may submit an application to the Department for a loan from the Account for Charter Schools. An application must include a written description of the manner in which the loan will be used to prepare the charter school for its first year of operation or to improve a charter school that has been in operation.

      2.  The Department shall, within the limits of money available for use in the Account, make loans to charter schools whose applications have been approved. If the Department makes a loan from the Account, the Department shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.

      3.  The State Board:

      (a) Shall adopt regulations that prescribe the:

             (1) Annual deadline for submission of an application to the Department by a charter school that desires to receive a loan from the Account; and

             (2) Period for repayment and the rate of interest for loans made from the Account.

      (b) May adopt such other regulations as it deems necessary to carry out the provisions of this section and NRS 386.576 and 386.577.

      Sec. 17. NRS 386.580 is hereby amended to read as follows:

      386.580  1.  An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this State.

 


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ê2013 Statutes of Nevada, Page 2930 (Chapter 484, AB 205)ê

 

guardian of any child who resides in this State. Except as otherwise provided in this subsection and subsection 2, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district. Except as otherwise provided in subsection 2, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      2.  Before a charter school enrolls pupils who are eligible for enrollment, a charter school [that is dedicated to providing educational programs and opportunities to pupils who are at risk] may enroll a child who:

      (a) Is a sibling of a pupil who is currently enrolled in the charter school;

      (b) Was enrolled, free of charge and on the basis of a lottery system, in a prekindergarten program at the charter school or any other early childhood educational program affiliated with the charter school;

      (c) Is a child of a person [employed in a full-time position] who is:

             (1) Employed by the charter school;

             (2) A member of the committee to form the charter school; or

             (3) A member of the governing body of the charter school;

      (d) Is in a particular category of at-risk pupils and the child meets the eligibility for enrollment prescribed by the charter school for that particular category; or

      (e) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

Ê If more pupils described in this subsection who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      3.  Except as otherwise provided in subsection 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

      (a) Race;

      (b) Gender;

 

 


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      (c) Religion;

      (d) Ethnicity; or

      (e) Disability,

Ê of a pupil.

      4.  If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

      5.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the charter school if:

      (a) Space for the child in the class or extracurricular activity is available;

      (b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity; and

      (c) The child is a homeschooled child and a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 392.705.

Ê If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.

      6.  The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 5 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

      7.  The governing body of a charter school may, before authorizing a homeschooled child to participate in a class or extracurricular activity pursuant to subsection 5, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      8.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

      (a) With disabilities;

      (b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or

      (c) Who are at risk.

 


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Ê If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      Sec. 18. NRS 386.595 is hereby amended to read as follows:

      386.595  1.  All employees of a charter school shall be deemed public employees.

      2.  The governing body of a charter school may make all decisions concerning the terms and conditions of employment with the charter school and any other matter relating to employment with the charter school. In addition, the governing body may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

      3.  Upon the request of the governing body of a charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

      4.  Except as otherwise provided in this subsection, if the written charter of a charter school is revoked or a charter contract is terminated, as applicable, or if a charter school ceases to operate as a charter school, the licensed employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement. A school district is not required to reassign a licensed employee of a charter school pursuant to this subsection if the employee:

      (a) Was not granted a leave of absence by the school district to accept employment at the charter school pursuant to subsection 5;

      (b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection 5; or

      (c) Does not comply with or is otherwise not eligible to return to employment pursuant to subsection 6, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school.

      5.  The board of trustees of a school district shall grant a leave of absence, not to exceed 3 years, to any licensed employee who is employed by the board of trustees who requests such a leave of absence to accept employment with a charter school. After the first school year in which a licensed employee is on a leave of absence, the employee may return to a comparable teaching position with the board of trustees. After the third school year, a licensed employee shall either submit a written request to return to a comparable teaching position or resign from the position for which the employee’s leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the licensed employee requires the board of trustees to reduce the existing workforce of the school district. The board of trustees is not required to accept the return of the licensed employee if the employee does not comply with or is otherwise not eligible to return to employment pursuant to subsection 6, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school.

 


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ê2013 Statutes of Nevada, Page 2933 (Chapter 484, AB 205)ê

 

not required to accept the return of the licensed employee if the employee does not comply with or is otherwise not eligible to return to employment pursuant to subsection 6, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school. The board of trustees may require that a request to return to a comparable teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

      6.  Upon the request of the board of trustees of a school district, the governing body of a charter school shall, with the permission of the licensed employee who is granted a leave of absence from the school district pursuant to this section, transmit to the school district a copy of the employment record of the employee that is maintained by the charter school before the return of the employee to employment with the school district pursuant to subsection 4 or 5. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the charter school and any disciplinary action taken by the charter school against the licensed employee. Before the return of the licensed employee, the board of trustees of the school district may conduct an investigation into any misconduct of the licensed employee during the leave of absence from the school district and take any appropriate disciplinary action as to the status of the person as an employee of the school district, including, without limitation:

      (a) The dismissal of the employee from employment with the school district; or

      (b) Upon the employee’s return to employment with the school district, documentation of the disciplinary action taken against the employee into the employment record of the employee that is maintained by the school district.

      7.  If a school district conducts an investigation pursuant to subsection 6:

      (a) The licensed employee is not entitled to return to employment with the school district until the investigation is complete; and

      (b) The investigation must be conducted within a reasonable time.

      8.  A licensed employee who is on a leave of absence from a school district pursuant to this section:

      (a) Shall contribute to and be eligible for all benefits for which the employee would otherwise be entitled, including, without limitation, participation in the Public Employees’ Retirement System and accrual of time for the purposes of leave and retirement.

      (b) Continues, while the employee is on leave, to be covered by the collective bargaining agreement of the school district only with respect to any matter relating to his or her status or employment with the district.

Ê The time during which such an employee is on a leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

      9.  Upon the return of a teacher to employment in the school district, the teacher is entitled to the same level of retirement, salary and any other benefits to which the teacher would otherwise be entitled if the teacher had not taken a leave of absence to teach in a charter school.

      10.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which the employee would be eligible for employment in a public school, including, without limitation, participation in the Public Employees’ Retirement System.

 


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      11.  For all employees of a charter school:

      (a) The compensation that a teacher or other school employee would have received if he or she were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the Public Employees’ Retirement System.

      (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that the employee would have received if he or she were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

      12.  If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

      (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

      (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

      Sec. 18.5. NRS 386.595 is hereby amended to read as follows:

      386.595  1.  All employees of a charter school shall be deemed public employees.

      2.  The governing body of a charter school may make all decisions concerning the terms and conditions of employment with the charter school and any other matter relating to employment with the charter school. In addition, the governing body may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

      3.  Upon the request of the governing body of a charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

      4.  Except as otherwise provided in this subsection, if the [written charter of a charter school is revoked or a] charter contract of a charter school is terminated [, as applicable,] or if a charter school ceases to operate as a charter school, the licensed employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement. A school district is not required to reassign a licensed employee of a charter school pursuant to this subsection if the employee:

      (a) Was not granted a leave of absence by the school district to accept employment at the charter school pursuant to subsection 5;

 


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ê2013 Statutes of Nevada, Page 2935 (Chapter 484, AB 205)ê

 

      (b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection 5; or

      (c) Does not comply with or is otherwise not eligible to return to employment pursuant to subsection 6, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school.

      5.  The board of trustees of a school district shall grant a leave of absence, not to exceed 3 years, to any licensed employee who is employed by the board of trustees who requests such a leave of absence to accept employment with a charter school. After the first school year in which a licensed employee is on a leave of absence, the employee may return to a comparable teaching position with the board of trustees. After the third school year, a licensed employee shall either submit a written request to return to a comparable teaching position or resign from the position for which the employee’s leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the licensed employee requires the board of trustees to reduce the existing workforce of the school district. The board of trustees is not required to accept the return of the licensed employee if the employee does not comply with or is otherwise not eligible to return to employment pursuant to subsection 6, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school. The board of trustees may require that a request to return to a comparable teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

      6.  Upon the request of the board of trustees of a school district, the governing body of a charter school shall, with the permission of the licensed employee who is granted a leave of absence from the school district pursuant to this section, transmit to the school district a copy of the employment record of the employee that is maintained by the charter school before the return of the employee to employment with the school district pursuant to subsection 4 or 5. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the charter school and any disciplinary action taken by the charter school against the licensed employee. Before the return of the licensed employee, the board of trustees of the school district may conduct an investigation into any misconduct of the licensed employee during the leave of absence from the school district and take any appropriate disciplinary action as to the status of the person as an employee of the school district, including, without limitation:

      (a) The dismissal of the employee from employment with the school district; or

      (b) Upon the employee’s return to employment with the school district, documentation of the disciplinary action taken against the employee into the employment record of the employee that is maintained by the school district.

      7.  If a school district conducts an investigation pursuant to subsection 6:

      (a) The licensed employee is not entitled to return to employment with the school district until the investigation is complete; and

      (b) The investigation must be conducted within a reasonable time.

 


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ê2013 Statutes of Nevada, Page 2936 (Chapter 484, AB 205)ê

 

      8.  A licensed employee who is on a leave of absence from a school district pursuant to this section:

      (a) Shall contribute to and be eligible for all benefits for which the employee would otherwise be entitled, including, without limitation, participation in the Public Employees’ Retirement System and accrual of time for the purposes of leave and retirement.

      (b) Continues, while the employee is on leave, to be covered by the collective bargaining agreement of the school district only with respect to any matter relating to his or her status or employment with the district.

Ê The time during which such an employee is on a leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

      9.  Upon the return of a teacher to employment in the school district, the teacher is entitled to the same level of retirement, salary and any other benefits to which the teacher would otherwise be entitled if the teacher had not taken a leave of absence to teach in a charter school.

      10.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which the employee would be eligible for employment in a public school, including, without limitation, participation in the Public Employees’ Retirement System.

      11.  For all employees of a charter school:

      (a) The compensation that a teacher or other school employee would have received if he or she were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the Public Employees’ Retirement System.

      (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that the employee would have received if he or she were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

      12.  If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

      (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

      (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

      Sec. 19. NRS 386.610 is hereby amended to read as follows:

      386.610  [1.]  On or before [August 15] October 1 of each year, the sponsor of a charter school shall submit a written report to the Department. The written report must include :

      [(a) An]

      1.  For each charter school that it sponsors with a written charter, an evaluation of the progress of each such charter school [that it sponsors] in achieving the educational goals and objectives of the written charter.

 

 


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      2.  For each charter school that it sponsors with a charter contract, a summary evaluating the academic, financial and organizational performance of the charter school, as measured by the performance indicators, measures and [objectives of the charter school.

      (b) A description of all administrative support and services provided by the sponsor to the charter school, including, without limitation, an itemized accounting for the costs of the support and services.

      (c)]metrics set forth in the performance framework for the charter school.

      3. An identification of each charter school approved by the sponsor:

             [(1)](a) Which has not opened and the scheduled time for opening, if any;

             [(2)](b) Which is open and in operation;

             [(3)](c) Which has transferred sponsorship;

             [(4)](d) Whose written charter has been revoked or whose charter contract has been [revoked] terminated by the sponsor;

             [(5)](e) Whose [written] charter contract has not been renewed by the sponsor; and

             [(6)](f) Which has voluntarily ceased operation.

      [(d)]4. A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving that vision.

      [(e)]5. A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 386.561, including an itemized accounting of the actual costs of those services.

      [2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the Department, the sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.]

      6.  The amount of any money from the Federal Government that was distributed to the charter school, any concerns regarding the equity of such distributions and any recommendations on how to improve access to and distribution of money from the Federal Government.

      Sec. 19.5. NRS 386.610 is hereby amended to read as follows:

      386.610  On or before October 1 of each year, the sponsor of a charter school shall submit a written report to the Department. The written report must include:

      1.  [For each charter school that it sponsors with a written charter, an evaluation of the progress of each such charter school in achieving the educational goals and objectives of the written charter.

      2.  For each charter school that it sponsors with a charter contract, a] A summary evaluating the academic, financial and organizational performance of the charter school, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school.

      [3.]2.  An identification of each charter school approved by the sponsor:

 

 


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ê2013 Statutes of Nevada, Page 2938 (Chapter 484, AB 205)ê

 

      (a) Which has not opened and the scheduled time for opening, if any;

      (b) Which is open and in operation;

      (c) Which has transferred sponsorship;

      (d) Whose [written charter has been revoked or whose] charter contract has been terminated by the sponsor;

      (e) Whose charter contract has not been renewed by the sponsor; and

      (f) Which has voluntarily ceased operation.

      [4.]3.  A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving that vision.

      [5.]4.  A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 386.561, including an itemized accounting of the actual costs of those services.

      [6.]5.  The amount of any money from the Federal Government that was distributed to the charter school, any concerns regarding the equity of such distributions and any recommendations on how to improve access to and distribution of money from the Federal Government.

      Sec. 19.7.  Section 3.5 of this act is hereby amended to read as follows:

       Sec. 3.5.  1.  The sponsor of a charter school shall [revoke the written charter or] terminate the charter contract of the charter school if the charter school receives three consecutive annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools. A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school for any school year before the 2013-2014 school year must not be included in the count of consecutive annual ratings for the purposes of this subsection.

       2.  If a [written charter is rovoked or a] charter contract is terminated pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination not later than 10 days after [revoking the written charter or] terminating the charter contract.

       3.  The provisions of NRS 386.535 do not apply to the [revocation of a written charter or] termination of a charter contract pursuant to this section.

      Sec. 20.  1.  Except as otherwise provided in subsection 2, a charter school that is operating under a written charter issued before the effective date of this act shall continue to operate under the terms of the written charter until the expiration of the written charter, unless the written charter is revoked before the expiration of the current term. Before the expiration of the written charter, if the charter school seeks to continue operation, the charter school must apply to the sponsor of the charter school for a charter contract in the form and on the date prescribed by the sponsor.

      2.  If a charter school that is operating under a written charter issued before the effective date of this act does not wish to continue operation under the written charter until its expiration, upon approval of the sponsor of the charter school, the charter school may apply to the sponsor for a charter contract in the form and on the date prescribed by the sponsor.

 


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      3.  An application submitted pursuant to subsection 1 or 2 must include, without limitation:

      (a) A description of the academic, financial and organizational vision and plans for the charter school for the next charter term;

      (b) Any information or data that the governing body of the charter school determines supports the renewal of the charter under the terms and conditions for the issuance of a charter contract;

      (c) A description of any improvements to the charter school already undertaken or planned; and

      (d) Any other requirements or information prescribed by the sponsor.

      4.  Upon receipt of an application pursuant to subsection 1 or 2, the sponsor of the charter school shall consider the application for a charter contract at a meeting held in accordance with chapter 241 of NRS. The sponsor shall provide written notice to the governing body of the charter school concerning its determination on the application not more than 60 days after receipt of the application. The determination of the sponsor must be based upon:

      (a) The criteria of the sponsor for the issuance and renewal of charter contracts based upon the requirements of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act; and

      (b) Evidence of the performance of the charter school during the term of the written charter.

      5.  Upon approval of an application for a charter contract pursuant to subsection 1 or 2:

      (a) A written performance framework for the charter school in accordance with section 3 of this act must be incorporated into the charter contract executed pursuant to paragraph (b).

      (b) The sponsor of the charter school and the governing body of the charter school shall execute a charter contract pursuant to NRS 386.527, as amended by section 8 of this act.

      Sec. 20.5.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to the term “written charter” to include “or charter contract, as applicable” through January 1, 2020, and thereafter to refer only to a “charter contract.”

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to the term “written charter” to include “or charter contract, as applicable” through January 1, 2020, and thereafter to refer only to a “charter contract.”

      Sec. 21.  1.  This section and sections 1 to 5, inclusive, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 20.5 of this act become effective upon passage and approval.

      2.  Sections 5.5, 8.5, 10.5, 12.5, 14.5, 15.5, 16.5, 18.5, 19.5 and 19.7 become effective on January 1, 2020.

      3.  Section 11.5 of this act becomes effective on July 1, 2020.

________

 

 

 

 


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CHAPTER 485, AB 223

Assembly Bill No. 223–Assemblywoman Kirkpatrick

 

CHAPTER 485

 

[Approved: June 11, 2013]

 

AN ACT relating to constables; revising provisions governing certain notice of a foreclosure sale required to be provided to a tenant; requiring a constable in certain townships to become certified as a category I or category II peace officer within a certain period after commencing his or her term of office; prohibiting a constable or deputy constable in certain smaller townships from making arrests in the course of his or her duties unless he or she is certified as a category I or category II peace officer; revising provisions governing the appointment of deputy constables and the clerical and operational staff of a constable; clarifying that a constable may issue a citation for a violation of certain laws governing the registration of motor vehicles only if the motor vehicle is located in his or her township; revising various other provisions governing constables; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for a summary eviction procedure when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent due by the month or a shorter period defaults in the payment of the rent. (NRS 40.253) Section 1 of this bill provides that the affidavit of complaint for eviction of a tenant that a landlord or landlord’s agent is authorized to file in justice court or district court applies to tenants of recreational vehicles.

      Existing law provides that if a sale of property is a residential foreclosure, the posting of certain required notices on the property must be completed by a licensed process server or any constable or sheriff. (NRS 107.087) Section 3 of this bill: (1) specifies that the constable or sheriff who posts such a notice must be a constable or sheriff of the county in which the property is located; and (2) revises the date by which certain required notices must be provided.

      Existing law provides that a constable is a peace officer in his or her township. (NRS 258.070) Section 8.6 of this bill requires a constable of a township whose population is 15,000 or more or that has within its boundaries a city whose population is 15,000 or more to become certified as a category I or category II peace officer by the Peace Officers’ Standards and Training Commission within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, extends the time. Section 16.5 of this bill provides that this requirement does not apply to a constable who is in office on July 1, 2013, unless he or she is elected or appointed to a term of office on or after July 1, 2013.

      Sections 7.5, 12 and 12.5 of this bill provide that a constable or deputy constable in a township whose population is less than 15,000 or that has within its boundaries a city whose population is less than 15,000 may not make an arrest in the course of performing his or her duties as a constable unless he or she is certified as a category I or category II peace officer.

      Existing law authorizes a constable to appoint deputies and provides that a deputy constable must be certified as a category II peace officer by the Peace Officers’ Standards and Training Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, extends the time. (NRS 258.060, 289.470, 289.550) Section 10 of this bill provides that a person appointed as a deputy constable for a township whose population is 15,000 or more or that has within its boundaries a city whose population is 15,000 or more must be certified as a category I or category II peace officer by the Commission before he or she commences employment as a deputy constable.

 


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population is 15,000 or more or that has within its boundaries a city whose population is 15,000 or more must be certified as a category I or category II peace officer by the Commission before he or she commences employment as a deputy constable.

      Existing law authorizes the board of county commissioners to appoint clerks for the constable of a township and to provide compensation for those clerks. (NRS 258.065) Section 11 of this bill authorizes the constable to appoint clerical and operational staff for the office of the constable, subject to the approval of the board of county commissioners, and requires the board of county commissioners to fix the compensation of the clerical and operational staff of the constable’s office. Section 11 further provides that the clerical and operational staff of a constable’s office do not have the powers of a peace officer and may not possess a weapon or carry a concealed firearm while performing the duties of the constable’s office.

      Existing law provides that a constable is a peace officer in his or her township and may issue a citation to the owner or driver of a vehicle that is required to be registered in this State if the constable determines that the vehicle is not properly registered. (NRS 258.070, 482.385) Sections 12, 15 and 16 of this bill clarify that the constable may issue such a citation only if the vehicle is located in his or her township at the time the citation is issued.

      Section 8.8 of this bill authorizes the board of county commissioners to establish, by resolution or ordinance, penalties to be imposed on a constable who fails to file a report, oath or other document required by statute to be filed with the county or the Peace Officers’ Standards and Training Commission. Section 9 of this bill requires the oath of a constable to be filed and recorded in the office of the recorder of the 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 40.253 is hereby amended to read as follows:

      40.253  1.  Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord’s agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:

      (a) At or before noon of the fifth full day following the day of service; or

      (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.

Ê As used in this subsection, “day of service” means the day the landlord or the landlord’s agent personally delivers the notice to the tenant. If personal service was not so delivered, the “day of service” means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon. If the request for service by the sheriff or constable is made after noon, the “day of service” shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.

      2.  A landlord or the landlord’s agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280.

 


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person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280. If the notice cannot be delivered in person, the landlord or the landlord’s agent:

      (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail; and

      (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280. The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlord’s agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlord’s agent.

      3.  A notice served pursuant to subsection 1 or 2 must:

      (a) Identify the court that has jurisdiction over the matter; and

      (b) Advise the tenant:

             (1) Of the tenant’s right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;

             (2) That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order; and

             (3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.

      4.  If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlord’s agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      5.  Upon noncompliance with the notice:

      (a) The landlord or the landlord’s agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home , recreational vehicle or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home , recreational vehicle or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain:

             (1) The date the tenancy commenced.

             (2) The amount of periodic rent reserved.

             (3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

             (4) The date the rental payments became delinquent.

             (5) The length of time the tenant has remained in possession without paying rent.

 


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             (6) The amount of rent claimed due and delinquent.

             (7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

             (8) A copy of the written notice served on the tenant.

             (9) A copy of the signed written rental agreement, if any.

      (b) Except when the tenant has timely filed the affidavit described in subsection 3 and a file-stamped copy of it has been received by the landlord or the landlord’s agent, and except when the landlord is prohibited pursuant to NRS 118A.480, the landlord or the landlord’s agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      6.  Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.

      7.  The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 or 118C.230 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

      (a) The tenant has vacated or been removed from the premises; and

      (b) A copy of those charges has been requested by or provided to the tenant,

Ê whichever is later.

      8.  Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

      (a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 or 118C.230 and any accumulating daily costs; and

      (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.

 


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      9.  A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlord’s agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security. As used in this subsection, “security” has the meaning ascribed to it in NRS 118A.240.

      10.  This section does not apply to the tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 107.087 is hereby amended to read as follows:

      107.087  1.  In addition to the requirements of NRS 107.080, if the sale of property is a residential foreclosure, a copy of the notice of default and election to sell and the notice of sale must:

      (a) Be posted in a conspicuous place on the property not later than:

             (1) For a notice of default and election to sell, 100 days before the date of sale; or

             (2) For a notice of sale, 15 days before the date of sale; and

      (b) Include, without limitation:

             (1) The physical address of the property; and

             (2) The contact information of the trustee or the person conducting the foreclosure who is authorized to provide information relating to the foreclosure status of the property.

      2.  In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.

      3.  A separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or the grantor’s successor in interest, in actual occupation of the premises not later than [3 business days after the notice of the sale is given pursuant to subsection 4 of NRS 107.080.] 15 days before the date of sale. The separate notice must be in substantially the following form:

 

NOTICE TO TENANTS OF THE PROPERTY

 

Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.

 

You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.

 

Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.

 


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After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.

 

Under the Nevada Revised Statutes eviction proceedings may begin against you after you have been given a notice to quit.

 

If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.

 

If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.

 

Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes and may be served by:

       (1) Delivering a copy to you personally in the presence of a witness;

       (2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business; or

       (3) If your place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, posting a copy in a conspicuous place on the leased property, delivering a copy to a person residing there, if a person can be found, and mailing a copy to you at the place where the leased property is.

 

If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.

 

Under the Justice Court Rules of Civil Procedure:

       (1) You will be given at least 10 days to answer a summons and complaint;

       (2) If you do not file an answer, an order evicting you by default may be obtained against you;

       (3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and

       (4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.

 

      4.  The posting of a notice required by this section must be completed by a process server licensed pursuant to chapter 648 of NRS or any constable or [the] sheriff [.] of the county in which the property is located.

 


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      5.  As used in this section, “residential foreclosure” has the meaning ascribed to it in NRS 107.080.

      Secs. 4-7. (Deleted by amendment.)

      Sec. 7.5. NRS 171.124 is hereby amended to read as follows:

      171.124  1.  Except as otherwise provided in subsection 3 and NRS 33.070 , [and] 33.320 [,] and 258.070, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him or her, or may, without a warrant, arrest a person:

      (a) For a public offense committed or attempted in the officer’s presence.

      (b) When a person arrested has committed a felony or gross misdemeanor, although not in the officer’s presence.

      (c) When a felony or gross misdemeanor has in fact been committed, and the officer has reasonable cause for believing the person arrested to have committed it.

      (d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.

      (e) When a warrant has in fact been issued in this State for the arrest of a named or described person for a public offense, and the officer has reasonable cause to believe that the person arrested is the person so named or described.

      2.  A peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may also, at night, without a warrant, arrest any person whom the officer has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appears that a felony or gross misdemeanor has not been committed.

      3.  An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.

      Sec. 8. Chapter 258 of NRS is hereby amended by adding thereto the provisions set forth as sections 8.1 to 8.8, inclusive, of this act.

      Sec. 8.1. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 8.2, 8.3 and 8.4 of this act have the meanings ascribed to them in those sections.

      Sec. 8.2. “Category I peace officer” has the meaning ascribed to it in NRS 289.460.

      Sec. 8.3. “Category II peace officer” has the meaning ascribed to it in NRS 289.470.

      Sec. 8.4. “Peace officer” has the meaning ascribed to it in NRS 289.010.

      Sec. 8.6. 1.  Each constable of a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more shall become certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months.

      2.  If a constable does not comply with the provisions of subsection 1, the constable forfeits his or her office and a vacancy is created which must be filled in accordance with NRS 258.030.

 


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      Sec. 8.8. In addition to any fine imposed pursuant to NRS 258.200, a board of county commissioners may establish, by resolution or ordinance, penalties for the failure of the constable of a township in the county to file any report, oath or other document required by statute to be filed with the county or the Peace Officers’ Standards and Training Commission.

      Sec. 9. NRS 258.020 is hereby amended to read as follows:

      258.020  Each constable elected or appointed in this state shall, before entering upon the duties of office:

      1.  Take the oath prescribed by law. The oath must be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office.

      2.  Execute a bond to the State of Nevada, to be approved by the board of county commissioners, in the penal sum of not less than $1,000 nor more than $3,000, as may be designated by the board of county commissioners . [, which] The bond [shall] must be conditioned for the faithful performance of the duties of his or her office [,] and [shall] must be filed in the county clerk’s office.

      Sec. 10. NRS 258.060 is hereby amended to read as follows:

      258.060  1.  All constables may appoint deputies, who are authorized to transact all official business pertaining to the office to the same extent as their principals. A person must not be appointed as a deputy constable unless the person has been a resident of the State of Nevada for at least 6 months before the date of the appointment. A person who is appointed as a deputy constable in a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more may not commence employment as a deputy constable until the person is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer. The appointment of a deputy constable must not be construed to confer upon that deputy policymaking authority for the office of the county constable or the county by which the deputy constable is employed.

      2.  Constables are responsible for the compensation of their deputies and are responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of the deputies by the constables.

      3.  All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be filed and recorded within 30 days after the appointment in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office. Revocations of such appointments must also be filed and recorded as provided in this section [.] within 30 days after the revocation of the appointment. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      Sec. 11. NRS 258.065 is hereby amended to read as follows:

      258.065  1.  The [board of county commissioners may appoint for the] constable of a township [a reasonable number of clerks] may, subject to the approval of the board of county commissioners, appoint such clerical and operational staff as the work of the constable requires . [, and provide compensation therefor.] The compensation of any person so appointed must be fixed by the board of county commissioners.

 


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      2.  A person who is employed as clerical or operational staff of a constable:

      (a) Does not have the powers of a peace officer; and

      (b) May not possess a weapon or carry a concealed firearm, regardless of whether the person possesses a permit to carry a concealed firearm issued pursuant to NRS 202.3653 to 202.369, inclusive, while performing the duties of the office of the constable.

      3.  A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of that township and county.

      [3.]4.  A constable’s clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.

      Sec. 12. NRS 258.070 is hereby amended to read as follows:

      258.070  1.  [Each] Subject to the provisions of subsection 2, each constable shall:

      (a) Be a peace officer in his or her township.

      (b) Serve all mesne and final process issued by a court of competent jurisdiction.

      (c) Execute the process, writs or warrants that the constable is authorized to receive pursuant to NRS 248.100.

      (d) Discharge such other duties as are or may be prescribed by law.

      2.  A constable or deputy constable elected or appointed in a township whose population is less than 15,000 or a township that has within its boundaries a city whose population is less than 15,000 may not arrest any person while carrying out the duties of the office of constable unless he or she is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer.

      3.  Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484A to 484E, inclusive, of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle [that] which is located in his or her township at the time the citation is issued and which is required to be registered in this State if the constable determines that the vehicle is not properly registered. The constable shall, upon the issuance of such citation, charge and collect a fee of $100 from the person to whom the citation is issued, which may be retained by the constable as compensation.

      [3.]4.  If a sheriff or the sheriff’s deputy in any county in this State arrests a person charged with a criminal offense or in the commission of an offense, the sheriff or the sheriff’s deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing. The sheriff or the sheriff’s deputy shall collect the same fees and in the same manner therefor as the constable of the township in which the justice court is held would receive for the same service.

      Sec. 12.5. NRS 258.110 is hereby amended to read as follows:

      258.110  [If] Unless, pursuant to subsection 2 of NRS 258.070, a constable is prohibited from making an arrest, any constable [shall] who willfully [refuse] refuses to receive or arrest any person charged with a criminal offense [, such constable] is guilty of a gross misdemeanor and shall be removed from office.

 


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willfully [refuse] refuses to receive or arrest any person charged with a criminal offense [, such constable] is guilty of a gross misdemeanor and shall be removed from office.

      Sec. 13. NRS 258.190 is hereby amended to read as follows:

      258.190  1.  [On] In each calendar year, on the first Monday of January, April, July and October, the constables who receive fees under the provisions of this chapter shall make out and file with the boards of county commissioners of their several counties a full and correct statement under oath of all fees or compensation, of whatever nature or kind, received in their several official capacities during the preceding 3 months. In the statement they shall set forth the cause in which, and the services for which, such fees or compensation were received.

      2.  Nothing in this section shall be so construed as to require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the clerk of the board of county commissioners.

      Sec. 14. NRS 289.550 is hereby amended to read as follows:

      289.550  1.  Except as otherwise provided in subsection 2 and NRS 3.310 , [and] 4.353 [,] and 258.060, and section 8.6 of this act, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.

      2.  The following persons are not required to be certified by the Commission:

      (a) The Chief Parole and Probation Officer;

      (b) The Director of the Department of Corrections;

      (c) The Director of the Department of Public Safety, the deputy directors of the Department, the chiefs of the divisions of the Department other than the Investigation Division and the Nevada Highway Patrol, and the members of the State Disaster Identification Team of the Division of Emergency Management of the Department;

      (d) The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance;

      (e) Railroad police officers; and

      (f) California correctional officers.

      Sec. 14.5. NRS 482.231 is hereby amended to read as follows:

      482.231  1.  Except as otherwise provided in subsection 3, the Department shall not register a motor vehicle if a local authority has filed with the Department a notice stating that the owner of the motor vehicle:

      (a) Was cited by a constable pursuant to subsection [2] 3 of NRS 258.070 for failure to comply with the provisions of NRS 482.385; and

      (b) Has failed to pay the fee charged by the constable pursuant to subsection [2] 3 of NRS 258.070.

      2.  The Department shall, upon request, furnish to the owner of the motor vehicle a copy of the notice of nonpayment described in subsection 1.

      3.  The Department may register a motor vehicle for which the Department has received a notice of nonpayment described in subsection 1 if:

 


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ê2013 Statutes of Nevada, Page 2950 (Chapter 485, AB 223)ê

 

      (a) The Department receives:

             (1) A receipt from the owner of the motor vehicle which indicates that the owner has paid the fee charged by the constable; or

             (2) Notification from the applicable local authority that the owner of the motor vehicle has paid the fee charged by the constable; and

      (b) The owner of the motor vehicle otherwise complies with the requirements of this chapter for the registration of the motor vehicle.

      Sec. 15. NRS 482.255 is hereby amended to read as follows:

      482.255  1.  Upon receipt of a certificate of registration, the owner shall place it or a legible copy in the vehicle for which it is issued and keep it in the vehicle. If the vehicle is a motorcycle, trailer or semitrailer, the owner shall carry the certificate in the tool bag or other convenient receptacle attached to the vehicle.

      2.  The owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration or the copy for examination to any peace officer, including a constable [,] of the township in which the motor vehicle is located or a justice of the peace or a deputy of the Department.

      3.  No person charged with violating this section may be convicted if the person produces in court a certificate of registration which was previously issued to him or her and was valid at the time of the demand.

      Sec. 16. NRS 482.385 is hereby amended to read as follows:

      482.385  1.  Except as otherwise provided in subsections 5 and 7 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this State has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this State without its registration in this State pursuant to the provisions of this chapter and without the payment of any registration fees to this State:

      (a) For a period of not more than 30 days in the aggregate in any 1 calendar year; and

      (b) Notwithstanding the provisions of paragraph (a), during any period in which the owner is:

             (1) On active duty in the military service of the United States;

             (2) An out-of-state student;

             (3) Registered as a student at a college or university located outside this State and who is in the State for a period of not more than 6 months to participate in a work-study program for which the student earns academic credits from the college or university; or

             (4) A migrant or seasonal farm worker.

      2.  This section does not:

      (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this State.

      (b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

      (c) Require registration of a vehicle operated by a border state employee.

 


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ê2013 Statutes of Nevada, Page 2951 (Chapter 485, AB 223)ê

 

      3.  Except as otherwise provided in subsection 5, when a person, formerly a nonresident, becomes a resident of this State, the person shall:

      (a) Within 30 days after becoming a resident; or

      (b) At the time he or she obtains a driver’s license,

Ê whichever occurs earlier, apply for the registration of each vehicle the person owns which is operated in this State. When a person, formerly a nonresident, applies for a driver’s license in this State, the Department shall inform the person of the requirements imposed by this subsection and of the penalties that may be imposed for failure to comply with the provisions of this subsection.

      4.  A citation may be issued pursuant to subsection 1, 3 or 5 only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. The Department shall maintain or cause to be maintained a list or other record of persons who fail to comply with the provisions of subsection 3 and shall, at least once each month, provide a copy of that list or record to the Department of Public Safety.

      5.  Except as otherwise provided in this subsection, a resident or nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter who engages in a trade, profession or occupation or accepts gainful employment in this State or who enrolls his or her children in a public school in this State shall, within 30 days after the commencement of such employment or enrollment, apply for the registration of each vehicle the person owns which is operated in this State. The provisions of this subsection do not apply to a nonresident who is:

      (a) On active duty in the military service of the United States;

      (b) An out-of-state student;

      (c) Registered as a student at a college or university located outside this State and who is in the State for a period of not more than 6 months to participate in a work-study program for which the student earns academic credits from the college or university; or

      (d) A migrant or seasonal farm worker.

      6.  A person who violates the provisions of subsection 1, 3 or 5 is guilty of a misdemeanor and, except as otherwise provided in this subsection, shall be punished by a fine of $1,000. The fine imposed pursuant to this subsection is in addition to any fine or penalty imposed for the other alleged violation or offense for which the vehicle was halted or its driver arrested pursuant to subsection 4. The fine imposed pursuant to this subsection may be reduced to not less than $200 if the person presents evidence at the time of the hearing that the person has registered the vehicle pursuant to this chapter.

      7.  Any resident operating upon a highway of this State a motor vehicle which is owned by a nonresident and which is furnished to the resident operator for his or her continuous use within this State, shall cause that vehicle to be registered within 30 days after beginning its operation within this State.

      8.  A person registering a vehicle pursuant to the provisions of subsection 1, 3, 5, 7 or 9 or pursuant to NRS 482.390:

      (a) Must be assessed the registration fees and governmental services tax, as required by the provisions of this chapter and chapter 371 of NRS; and

      (b) Must not be allowed credit on those taxes and fees for the unused months of the previous registration.

 


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ê2013 Statutes of Nevada, Page 2952 (Chapter 485, AB 223)ê

 

      9.  If a vehicle is used in this State for a gainful purpose, the owner shall immediately apply to the Department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.

      10.  An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the Department for cancellation.

      11.  A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that:

      (a) The owner of the vehicle is a resident of this State;

      (b) The vehicle is used in this State for a gainful purpose;

      (c) Except as otherwise provided in paragraph (b) of subsection 1, the owner of the vehicle is a nonresident and has operated the vehicle in this State for more than 30 days in the aggregate in any 1 calendar year; or

      (d) The owner of the vehicle is a nonresident required to register the vehicle pursuant to subsection 5.

      12.  A constable may issue a citation for a violation of this section only if the vehicle is located in his or her township at the time the citation is issued.

      13.  As used in this [subsection,] section, “peace officer” includes a constable.

      Sec. 16.5.  The provisions of section 8.6 of this act do not apply to a constable who is in office on July 1, 2013, unless the constable is elected or appointed to a term of office on or after July 1, 2013.

      Sec. 17.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2953ê

 

CHAPTER 486, AB 262

Assembly Bill No. 262–Assemblymen Cohen, Eisen, Ohrenschall, Kirkpatrick; Aizley, Elliot Anderson, Bustamante Adams, Frierson, Healey, Spiegel and Swank

 

CHAPTER 486

 

[Approved: June 11, 2013]

 

AN ACT relating to domestic relations; revising the provisions governing the award of attorney’s fees in actions for divorce; authorizing a court to award costs and the reasonable fees of attorneys and experts to a party in certain actions concerning child custody or visitation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that in an action for divorce, the court may award a reasonable attorney’s fee to either party, if those fees are in issue under the pleadings. (NRS 125.150) Section 1 of this bill provides that in an action for divorce, the court may award a reasonable attorney’s fee without the requirement that attorney’s fees be in issue under the pleadings.

      Existing law provides that in an action to determine the parentage of a child, the court may order that the reasonable fees of counsel, experts and the child’s guardian ad litem, and other costs of the action, be paid in such proportions as determined by the court. (NRS 126.171) Section 2 of this bill provides that in an action to determine custody or visitation with respect to a child, the court may order that the reasonable fees of counsel and experts, and other costs of the action, be paid in proportions and at times determined by the court.

 

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 125.150 is hereby amended to read as follows:

      125.150  Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy.

 


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ê2013 Statutes of Nevada, Page 2954 (Chapter 486, AB 262)ê

 

held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

Ê As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce . [if those fees are in issue under the pleadings.]

      4.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

      5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.

 


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ê2013 Statutes of Nevada, Page 2955 (Chapter 486, AB 262)ê

 

      8.  In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

      (a) The financial condition of each spouse;

      (b) The nature and value of the respective property of each spouse;

      (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;

      (d) The duration of the marriage;

      (e) The income, earning capacity, age and health of each spouse;

      (f) The standard of living during the marriage;

      (g) The career before the marriage of the spouse who would receive the alimony;

      (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

      (i) The contribution of either spouse as homemaker;

      (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and

      (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

      9.  In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      10.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 9:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his or her career; or

                   (III) Courses of training in skills desirable for employment.

 


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ê2013 Statutes of Nevada, Page 2956 (Chapter 486, AB 262)ê

 

      11.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.

      Sec. 2. Chapter 125C of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise provided in NRS 125C.180, in an action to determine legal custody, physical custody or visitation with respect to a child, the court may order reasonable fees of counsel and experts and other costs of the proceeding to be paid in proportions and at times determined by the court.

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CHAPTER 487, AB 283

Assembly Bill No. 283–Assemblymen Daly, Healey; Benitez-Thompson, Carrillo, Neal, Pierce and Sprinkle

 

CHAPTER 487

 

[Approved: June 11, 2013]

 

AN ACT relating to public works; extending the authority for the Department of Transportation to contract with a construction manager at risk for the construction, reconstruction, improvement and maintenance of highways through June 30, 2017; amending certain requirements governing contractors involved in public works; amending certain requirements governing bidding for public works when a public body decides to contract with a construction manager at risk; prospectively repealing provisions relating to construction managers at risk; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires certain prime contractors who submit bids for a public work to include with the bid a list that discloses the first tier subcontractors who will perform a certain portion of the work on the public work. (NRS 338.141) Section 6 of this bill amends the provisions prescribing which subcontractors must be named on the list. Section 6 also requires the prime contractor to include on the list: (1) a description of the labor or portion of the work that the prime contractor will perform; or (2) a statement that the prime contractor will perform all work other than that being performed by a subcontractor named on the list.

      Existing law allows a public body to contract with a construction manager at risk, which is a construction manager who is required to construct a public work within a guaranteed maximum price, a fixed price or a fixed price plus reimbursement for certain costs. (NRS 338.169, 338.1696) Section 7.5 of this bill limits to two per year the number of public works for which each public body in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) may enter into contracts with a construction manager at risk.

      Section 8 of this bill requires a request for proposals for a construction manager at risk to include a list of the selection criteria and the relative weight thereof that will be used to rank applicants for a construction manager at risk.

 

 


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ê2013 Statutes of Nevada, Page 2957 (Chapter 487, AB 283)ê

 

      Existing law requires a proposal for a construction manager at risk to include an explanation of the experience that the applicant has with projects of similar size and scope. Section 8 specifies that the explanation may include an explanation of experience by any delivery method, regardless of whether that method was the use of a construction manager at risk, and including design-build, design-assist, negotiated work or value-engineered work. Section 8 also requires the public body or its authorized representative to make available to the public the name of each applicant who submits a proposal for a public work to be performed by a construction manager at risk.

      Section 10 of this bill requires a construction manager at risk who has entered into a contract with a public body for services related to construction that are provided before actual construction begins to provide to the public body, before entering into a contract for construction of the public work, a list of the labor or portions of the work which are estimated by the construction manager at risk to exceed a certain percentage of the estimated cost of the public work.

      Existing law requires a public body to appoint a panel of at least three persons, with at least two having experience in the construction industry, to rank proposals and interview the top applicants for a public work. (NRS 338.1693) Section 9 of this bill limits such a panel to seven members and requires that a majority of the panel have experience in the construction industry. Section 9 also authorizes the public body to appoint another panel, similarly comprised, to interview the top applicants.

      Section 11 of this bill provides that if a public work involves predominantly horizontal construction, a construction manager at risk who enters into a contract for the construction of the public work shall perform construction work equal in value to at least 25 percent of the estimated cost of construction himself or herself, or using his or her own employees. Section 2 of this bill defines the term “horizontal construction.”

      Sections 12 and 13 of this bill modify requirements governing the procedure that a construction manager at risk is required to use when selecting and contracting with subcontractors.

      Under existing law, the Department of Transportation may award a contract for the construction, reconstruction, improvement and maintenance of a highway to a construction manager at risk on or before June 30, 2013. Sections 5 and 5.3 of this bill authorize the Department to contract with a construction manager at risk for the construction, reconstruction, improvement and maintenance of highways through June 30, 2017. Section 5 also specifies the circumstances under which the provisions of chapter 338 of NRS apply to such contracts.

      Section 14.3 of this bill requires the Department to conduct a study on the benefits to this State of entering into contracts with construction managers at risk for the construction, reconstruction, improvement or maintenance of highways and to submit that report on or before January 31, 2017, for transmittal to the 79th Session of the Legislature. Section 14.5 of this bill requires each public body to submit annually, to the Legislature or the Legislative Commission, a report on each public work for which the public body enters into a contract with a construction manager at risk. The report must include a description of the public work, the name of the construction manager at risk and a report on the progress of the public work or, if the public work has been completed, an explanation of whether the public body is satisfied with the public work and with the contractual arrangement with the construction manager at risk.

      Section 14.7 of this bill repeals all of the provisions relating to construction managers at risk effective July 1, 2017.

 


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ê2013 Statutes of Nevada, Page 2958 (Chapter 487, AB 283)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 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Legislature hereby declares that the provisions of this section and NRS 338.169 to 338.16995, inclusive, relating to contracts involving construction managers at risk, are intended:

      1.  To promote public confidence and trust in the contracting and bidding procedures for public works established therein;

      2.  For the benefit of the public, to promote the philosophy of obtaining the best possible value as compared to low-bid contracting; and

      3.  To better equip public bodies to address public works that present unique and complex construction challenges.

      Sec. 2. NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

      1.  “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

      2.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

      3.  “Contractor” means:

      (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

      (b) A design-build team.

      4.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

      5.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

      6.  “Design-build team” means an entity that consists of:

      (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

      (b) For a public work that consists of:

             (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

             (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

      7.  “Design professional” means:

      (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

      (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

 


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ê2013 Statutes of Nevada, Page 2959 (Chapter 487, AB 283)ê

 

      (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

      (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

      (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

      8.  “Division” means the State Public Works Division of the Department of Administration.

      9.  “Eligible bidder” means a person who is:

      (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

      (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

      10.  “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

      (a) General engineering contracting, as described in subsection 2 of NRS 624.215.

      (b) General building contracting, as described in subsection 3 of NRS 624.215.

      11.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

      12.  “Horizontal construction” means the construction of any fixed work, including any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.

      13.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

      [13.]14.  “Offense” means failing to:

      (a) Pay the prevailing wage required pursuant to this chapter;

      (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

 


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      (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

      (d) Comply with subsection 4 or 5 of NRS 338.070.

      [14.]15.  “Prime contractor” means a contractor who:

      (a) Contracts to construct an entire project;

      (b) Coordinates all work performed on the entire project;

      (c) Uses his or her own workforce to perform all or a part of the public work; and

      (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

      [15.]16.  “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

      [16.]17.  “Public work” means any project for the new construction, repair or reconstruction of:

      (a) A project financed in whole or in part from public money for:

             (1) Public buildings;

             (2) Jails and prisons;

             (3) Public roads;

             (4) Public highways;

             (5) Public streets and alleys;

             (6) Public utilities;

             (7) Publicly owned water mains and sewers;

             (8) Public parks and playgrounds;

             (9) Public convention facilities which are financed at least in part with public money; and

             (10) All other publicly owned works and property.

      (b) A building for the Nevada System of Higher Education of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

      [17.]18.  “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

      [18.]19.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

      (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

      (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

      [19.]20.  “Subcontract” means a written contract entered into between:

      (a) A contractor and a subcontractor or supplier; or

      (b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

 


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      [20.]21.  “Subcontractor” means a person who:

      (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

      (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

      [21.]22.  “Supplier” means a person who provides materials, equipment or supplies for a construction project.

      23.  “Vertical construction” means the construction or remodeling of any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any improvement appurtenant thereto.

      [22.]24.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

      [23.]25.  “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

      Sec. 2.3. NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

      1.  “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

      2.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

      3.  “Contractor” means:

      (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

      (b) A design-build team.

      4.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

      5.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

      6.  “Design-build team” means an entity that consists of:

      (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

      (b) For a public work that consists of:

             (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

 


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             (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

      7.  “Design professional” means:

      (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

      (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

      (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

      (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

      (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

      8.  “Division” means the State Public Works Division of the Department of Administration.

      9.  “Eligible bidder” means a person who is:

      (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

      (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

      10.  “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

      (a) General engineering contracting, as described in subsection 2 of NRS 624.215.

      (b) General building contracting, as described in subsection 3 of NRS 624.215.

      11.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

      12.  [“Horizontal construction” means the construction of any fixed work, including any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.

      13.]  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

 


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NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

      [14.]13.  “Offense” means failing to:

      (a) Pay the prevailing wage required pursuant to this chapter;

      (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

      (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

      (d) Comply with subsection 4 or 5 of NRS 338.070.

      [15.]14.  “Prime contractor” means a contractor who:

      (a) Contracts to construct an entire project;

      (b) Coordinates all work performed on the entire project;

      (c) Uses his or her own workforce to perform all or a part of the public work; and

      (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

      [16.]15.  “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

      [17.]16.  “Public work” means any project for the new construction, repair or reconstruction of:

      (a) A project financed in whole or in part from public money for:

             (1) Public buildings;

             (2) Jails and prisons;

             (3) Public roads;

             (4) Public highways;

             (5) Public streets and alleys;

             (6) Public utilities;

             (7) Publicly owned water mains and sewers;

             (8) Public parks and playgrounds;

             (9) Public convention facilities which are financed at least in part with public money; and

             (10) All other publicly owned works and property.

      (b) A building for the Nevada System of Higher Education of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

      [18.]17.  “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

      [19.]18.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

      (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

      (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

 


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Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

      [20.]19.  “Subcontract” means a written contract entered into between:

      (a) A contractor and a subcontractor or supplier; or

      (b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

      [21.]20.  “Subcontractor” means a person who:

      (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

      (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

      [22.]21.  “Supplier” means a person who provides materials, equipment or supplies for a construction project.

      [23.  “Vertical construction” means the construction or remodeling of any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any improvement appurtenant thereto.

      24.]22.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

      [25.]23.  “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

      Sec. 2.5. NRS 338.0117 is hereby amended to read as follows:

      338.0117  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;

 


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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 unless the public body requires the acquisition of materials or equipment that cannot be obtained from a supplier 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

      (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 only as provided in subsections 5 and 6.

      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 against the party responsible for a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1, liquidated damages as described in subsection 6 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.

 


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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, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor or supplier and each contract between a subcontractor and a subcontractor or supplier must provide that:

      (a) If a party to the contract causes a material breach of the contract between the contractor, applicant or design-build team and the public body as a result of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1, the party is liable to the public body for liquidated damages in the amount of 1 percent of the cost of the largest contract to which he or she is a party;

      (b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that causes the material breach; and

      (c) No other party to the contract is liable to the public body for liquidated damages.

      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. 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. NRS 338.018 is hereby amended to read as follows:

      338.018  The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in subsection [16] 17 of NRS 338.010.

      Sec. 3.5. NRS 338.018 is hereby amended to read as follows:

      338.018  The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in subsection [17] 16 of NRS 338.010.

      Sec. 4. NRS 338.075 is hereby amended to read as follows:

      338.075  The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in subsection [16] 17 of NRS 338.010.

 


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Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in subsection [16] 17 of NRS 338.010.

      Sec. 4.5. NRS 338.075 is hereby amended to read as follows:

      338.075  The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in subsection [17] 16 of NRS 338.010.

      Sec. 5. 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 NRS 338.1415 and:

      (a) NRS 338.1377 to 338.139, inclusive;

      (b) NRS 338.143 to 338.148, inclusive;

      (c) NRS 338.169 to 338.16995, inclusive [;] , and section 1 of this act; or

      (d) NRS 338.1711 to 338.173, inclusive.

      2.  Except as otherwise provided in this subsection, subsection 3 and chapter 408 of NRS, the provisions of this chapter 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 408.201 and 408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 [, 338.169 to 338.16995, 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 408.201 and 408.313 to 408.433, inclusive.

      3.  To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.

      Sec. 5.3. 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 NRS 338.1415 and:

      (a) NRS 338.1377 to 338.139, inclusive;

      (b) NRS 338.143 to 338.148, inclusive; or

      (c) [NRS 338.169 to 338.16995, inclusive, and section 1 of this act; or

      (d)] NRS 338.1711 to 338.173, inclusive.

      2.  Except as otherwise provided in this subsection, subsection 3 and chapter 408 of NRS, the provisions of this chapter 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 408.201 and 408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 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 408.201 and 408.313 to 408.433, inclusive.

 


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of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive.

      3.  To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.

      Sec. 5.5. NRS 338.1381 is hereby amended to read as follows:

      338.1381  1.  If, within 10 days after receipt of the notice denying an application pursuant to NRS 338.1379 [or 338.16991] or disqualifying a subcontractor pursuant to NRS 338.1376, the applicant or subcontractor, as applicable, files a written request for a hearing with the Division or the local government, the State Public Works Board or governing body shall set the matter for a hearing within 20 days after receipt of the request. The hearing must be held not later than 45 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.

      2.  The hearing must be held at a time and place prescribed by the Board or local government. At least 10 days before the date set for the hearing, the Board or local government shall serve the applicant or subcontractor with written notice of the hearing. The notice may be served by personal delivery to the applicant or subcontractor or by certified mail to the last known business or residential address of the applicant or subcontractor.

      3.  The applicant or subcontractor has the burden at the hearing of proving by substantial evidence that the applicant is entitled to be qualified to bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a public work.

      4.  In conducting a hearing pursuant to this section, the Board or governing body may:

      (a) Administer oaths;

      (b) Take testimony;

      (c) Issue subpoenas to compel the attendance of witnesses to testify before the Board or governing body;

      (d) Require the production of related books, papers and documents; and

      (e) Issue commissions to take testimony.

      5.  If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena issued pursuant to subsection 4, the Board or governing body may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.

      6.  The Board or governing body shall issue a decision on the matter during the hearing. The decision of the Board or governing body is a final decision for purposes of judicial review.

      Sec. 5.7. NRS 338.1385 is hereby amended to read as follows:

      338.1385  1.  Except as otherwise provided in subsection 9, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and having a general circulation within the county.

 


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required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and having a general circulation within the county.

      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386, 338.13862 and 338.13864 and, with respect to the State, NRS 338.1384 to 338.13847, inclusive.

      (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.

      4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

      5.  Except as otherwise provided in subsection 6 and NRS 338.1389, a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

      6.  Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382;

      (b) The bidder is not responsive or responsible;

      (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (d) The public interest would be served by such a rejection.

      7.  A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

      (a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);

      (c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the lowest responsive and responsible bidder.

      8.  Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

 


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      (b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

      (d) An estimate of the total cost of the public work, including, the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

      (e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.

      9.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive; or

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435 . [; or

      (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.169 to 338.16995, inclusive.]

      Sec. 6. NRS 338.141 is hereby amended to read as follows:

      338.141  1.  Except as otherwise provided in NRS 338.1727, each bid submitted to a public body for any public work to which paragraph (a) of subsection 1 of NRS 338.1385 , [or] paragraph (a) of subsection 1 of NRS 338.143 or NRS 408.327 applies, must include:

      (a) If the public body provides a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide such labor or portion of the work on the public work which is estimated to exceed 3 percent of the estimated cost of the public work; or

      (b) If the public body does not provide a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 5 percent of the prime contractor’s total bid. If the bid is submitted pursuant to this paragraph, within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing [the] :

             (1) The name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000.

 


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             (2) If any one of the contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractor’s total bid or $50,000, whichever is greater . [, and]

             (3) For each first tier subcontractor whose name is listed pursuant to subparagraph (1) or (2), the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS.

      2.  The lists required by subsection 1 must include a description of the labor or portion of the work which each first tier subcontractor named in the list will provide to the prime contractor.

      3.  A prime contractor shall include his or her name on a list required by paragraph (a) or (b) of subsection 1 . [if, as the prime contractor,] If the prime contractor will perform any [of the] work [required to be] which is more than 1 percent of the prime contractor’s total bid and which is not being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1 [.] , the prime contractor shall also include on the list:

      (a) A description of the labor or portion of the work that the prime contractor will perform; or

      (b) A statement that the prime contractor will perform all work other than that being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1.

      4.  Except as otherwise provided in this subsection, if a contractor:

      (a) Fails to submit the list within the required time; or

      (b) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376,

Ê the contractor’s bid shall be deemed not responsive. A contractor’s bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 or 2 of NRS 338.13895.

      5.  A prime contractor shall not substitute a subcontractor for any subcontractor who is named in the bid, unless:

      (a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change.

      (b) The substitution is approved by the public body or its authorized representative. The substitution must be approved if the public body or its authorized representative determines that:

             (1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the named subcontractor with the same general terms that all other subcontractors on the project were offered;

             (2) The named subcontractor files for bankruptcy or becomes insolvent;

 


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             (3) The named subcontractor fails or refuses to perform his or her subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025; or

             (4) The named subcontractor is not properly licensed to provide that labor or portion of the work.

      (c) If the public body awarding the contract is a governing body, the public body or its authorized representative, in awarding the contract pursuant to NRS 338.1375 to 338.139, inclusive:

             (1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does not meet that criteria; and

             (2) Requests in writing a substitution of the subcontractor.

      6.  If a prime contractor substitutes a subcontractor for any subcontractor who is named in the bid without complying with the provisions of subsection 5, the prime contractor shall forfeit, as a penalty to the public body that awarded the contract, an amount equal to 1 percent of the total amount of the contract.

      7.  If a prime contractor , [indicated pursuant to subsection 3 that he or she would perform a portion of work on the public work and,] after the submission of the bid, substitutes a subcontractor to perform [such work,] the work indicated pursuant to subsection 3 that the prime contractor would perform, the prime contractor shall forfeit as a penalty to the public body that awarded the contract, the lesser of, and excluding any amount of the contract that is attributable to change orders:

      (a) An amount equal to 2.5 percent of the total amount of the contract; or

      (b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the prime contractor indicated pursuant to subsection 3 that he or she would perform on the public work.

      8.  As used in this section:

      (a) “First tier subcontractor” means a subcontractor who contracts directly with a prime contractor to provide labor, materials or services for a construction project.

      (b) “General terms” means the terms and conditions of a contract that set the basic requirements for a public work and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the public work that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.

      Sec. 6.5. NRS 338.143 is hereby amended to read as follows:

      338.143  1.  Except as otherwise provided in subsection 8, a local government or its authorized representative that awards a contract for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published within the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation within the county.

 


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      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1442, 338.1444 or 338.1446.

      (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a local government shall report to the governing body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

      4.  Except as otherwise provided in subsection 5 and NRS 338.147, the local government or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

      5.  Any bids received in response to an advertisement for bids may be rejected if the local government or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not responsive or responsible;

      (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (c) The public interest would be served by such a rejection.

      6.  A local government may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

      (a) The local government publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The local government considers any bid submitted in response to the notice published pursuant to paragraph (a);

      (c) The local government lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the lowest responsive and responsible bidder.

      7.  Before a local government may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the local government shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the local government intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the local government intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

      (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

 


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      (e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the public work itself.

      8.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive; or

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435 . [; or

      (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.169 to 338.16995, inclusive.]

      Sec. 7. (Deleted by amendment.)

      Sec. 7.5. NRS 338.169 is hereby amended to read as follows:

      338.169  [A]

      1.  Subject to the provisions of subsection 2, a public body may construct a public work by:

      [1.](a) Selecting a construction manager at risk pursuant to the provisions of NRS 338.1691 to 338.1696, inclusive; and

      [2.](b) Entering into separate contracts with a construction manager at risk:

      [(a)](1) For preconstruction services, including, without limitation:

             [(1)](I) Assisting the public body in determining whether scheduling or constructability problems exist that would delay the construction of the public work;

             [(2)](II) Estimating the cost of the labor and material for the public work; and

             [(3)](III) Assisting the public body in determining whether the public work can be constructed within the public body’s budget; and

      [(b)](2) To construct the public work.

      2.  A public body in a county whose population is less than 100,000 may enter into contracts with a construction manager at risk pursuant to NRS 338.169 to 338.16995, inclusive, for the construction of not more than two public works in a calendar year that are discrete projects.

      Sec. 8. NRS 338.1692 is hereby amended to read as follows:

      338.1692  1.  A public body or its authorized representative shall advertise for proposals for a construction manager at risk in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

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

 


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      (a) A description of the public work;

      (b) An estimate of the cost of construction;

      (c) A description of the work that the public body expects a construction manager at risk to perform;

      (d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

      (e) The date by which proposals must be submitted to the public body;

      (f) If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a proposal;

      (g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work;

      (h) A list of the selection criteria and relative weight of the selection criteria that will be used to [evaluate] rank proposals [;] pursuant to subsection 2 of NRS 338.1693;

      (i) A list of the selection criteria and relative weight of the selection criteria that will be used to rank applicants pursuant to subsection 7 of NRS 338.1693; and

      [(i)](j) A notice that the proposed form of the contract to assist in the preconstruction of the public work or to construct the public work, including, without limitation, the terms and general conditions of the contract, is available from the public body.

      3.  A proposal must include, without limitation:

      (a) An explanation of the experience that the applicant has with projects of similar size and scope in both the public and private sectors [,] by any delivery method, whether or not that method was the use of a construction manager at risk, and including, without limitation, [an explanation of the experience that the applicant has in assisting in the design of such projects] design-build, design-assist, negotiated work or value-engineered work, and an explanation of the experience that the applicant has in such projects in Nevada;

      (b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

      (c) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;

      (d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law;

      (e) A statement of whether the applicant has been:

             (1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals; and

             (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;

      (f) The professional qualifications and experience of the applicant, including, without limitation, the resume of any employee of the applicant who will be managing the preconstruction and construction of the public work;

      (g) The safety programs established and the safety records accumulated by the applicant;

      (h) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS;

 


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      (i) The proposed plan of the applicant to manage the preconstruction and construction of the public work which sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work [;] and which includes, if the public work involves predominantly horizontal construction, a statement that the applicant will perform construction work equal in value to at least 25 percent of the estimated cost of construction; and

      (j) If the project is for the design of a public work of the State, evidence that the applicant is qualified to bid on a public work of the State pursuant to NRS 338.1379.

      4.  The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.

      Sec. 9. NRS 338.1693 is hereby amended to read as follows:

      338.1693  1.  The public body or its authorized representative shall appoint a panel consisting of at least three but not more than seven members, [at least two] a majority of whom must have experience in the construction industry, to rank the proposals submitted to the public body by evaluating the proposals as required pursuant to subsections 2 and 3.

      2.  The panel appointed pursuant to subsection 1 shall rank the proposals by:

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

      (b) Evaluating and assigning a score to each of the proposals received by the public body based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.

      3.  When ranking the proposals, the panel appointed pursuant to subsection 1 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 if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117. 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, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

      4.  After the panel appointed pursuant to subsection 1 ranks the proposals, the public body or its authorized representative shall, except as otherwise provided in subsection [5,] 8, select at least the two but not more than the five applicants whose proposals received the highest scores for interviews.

      5.  The public body or its authorized representative may appoint a separate panel to interview and rank the applicants selected pursuant to subsection 4. If a separate panel is appointed pursuant to this subsection, the panel must consist of at least three but not more than seven members, a majority of whom must have experience in the construction industry.

      6.  During the interview process, the [public body or its authorized representative] panel conducting the interview may require the applicants to submit a preliminary proposed amount of compensation for managing the preconstruction and construction of the public work, but in no event shall the proposed amount of compensation exceed 20 percent of the scoring for the selection of the most qualified applicant. All presentations made at any interview conducted pursuant to this subsection or subsection 5 may be made only by key personnel employed by the applicant, as determined by the applicant, and the employees of the applicant who will be directly responsible for managing the preconstruction and construction of the public work.

 


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interview conducted pursuant to this subsection or subsection 5 may be made only by key personnel employed by the applicant, as determined by the applicant, and the employees of the applicant who will be directly responsible for managing the preconstruction and construction of the public work.

      7.  After conducting such interviews, the panel that conducted the interviews shall rank the applicants by using a ranking process that is separate from the process used to rank [proposals] the applicants pursuant to subsection 2 and is based only on information submitted during the interview process. The score to be given for the proposed amount of compensation, if any, must be calculated by dividing the lowest of all the proposed amounts of compensation by the applicant’s proposed amount of compensation multiplied by the total possible points available to each applicant.

      [5.] When ranking the applicants, the panel that conducted the interviews 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 if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117. 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, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

      8.  If the public body did not receive at least two proposals, the public body may not contract with a construction manager at risk.

      [6.] 9.  Upon receipt of the final rankings of the applicants from the panel [,] that conducted the interviews, the public body or its authorized representative shall enter into negotiations with the most qualified applicant determined pursuant to [subsections 2, 3 and 4] the provisions of this section for a contract for preconstruction services, unless the public body required the submission of a proposed amount of compensation, in which case the proposed amount of compensation submitted by the applicant must be the amount offered for the contract. If the public body or its authorized representative is unable to negotiate a contract with the most qualified applicant for an amount of compensation that the public body or its authorized representative and the most qualified applicant determine to be fair and reasonable, the public body or its authorized representative shall terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

      [7.] 10.  The public body or its authorized representative shall make available to all applicants and the public the final rankings of the applicants , as determined by the panel that conducted the interviews, and shall provide, upon request, an explanation to any unsuccessful applicant of the reasons why the applicant was unsuccessful.

      Sec. 10. NRS 338.1696 is hereby amended to read as follows:

      338.1696  1.  If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693, after the public body has finalized the design for the public work, or any portion thereof sufficient to determine the provable cost of that portion, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work or the portion thereof for the public body for:

 


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the public body has finalized the design for the public work, or any portion thereof sufficient to determine the provable cost of that portion, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work or the portion thereof for the public body for:

      (a) The cost of the work, plus a fee, with a guaranteed maximum price;

      (b) A fixed price; or

      (c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work or portion thereof.

      2.  If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work or portion thereof, the public body shall terminate negotiations with that applicant and:

      (a) May award the contract for the public work:

             (1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.

             (2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, or 338.143 to 338.148, inclusive; and

      (b) Shall accept a bid to construct the public work from the construction manager at risk with whom the public body entered into a contract for preconstruction services.

      3.  Before entering into a contract with the public body to construct a public work or a portion thereof pursuant to subsection 1, the construction manager at risk shall:

      (a) Provide the public body with a list of the labor or portions of the work which are estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work; and

      (b) Select each subcontractor who is to provide labor or a portion of the work which is estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work in accordance with NRS 338.16991 and 338.16995 and provide the names of each selected subcontractor to the public body.

      4.  Except as otherwise provided in subsection 13 of NRS 338.16995, a public body shall not interfere with the right of the construction manager at risk to select the subcontractor whom the construction manager at risk determines to have submitted the best proposal pursuant to NRS 338.16995.

      Sec. 11. NRS 338.16985 is hereby amended to read as follows:

      338.16985  A construction manager at risk who enters into a contract for the construction of a public work pursuant to NRS 338.1696:

      1.  Is responsible for contracting for the services of any necessary subcontractor, supplier or independent contractor necessary for the construction of the public work and for the performance of and payment to any such subcontractors, suppliers or independent contractors.

      2.  If the public work involves [the] predominantly horizontal construction , [of a fixed work that is described in subsection 2 of NRS 624.215,] shall perform [not less than 25] construction work equal in value to at least 25 percent of the estimated cost of construction [of the fixed work] himself or herself , or using his or her own employees.

      3.  If the public work involves [the] predominantly vertical construction , [of a building or structure that is described in subsection 3 of NRS 624.215,] may perform himself or herself or using his or her own employees as much of the construction of the building or structure that the construction manager at risk is able to demonstrate that the construction manager at risk or his or her own employees have performed on similar projects.

 


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as much of the construction of the building or structure that the construction manager at risk is able to demonstrate that the construction manager at risk or his or her own employees have performed on similar projects.

      Sec. 12. NRS 338.16991 is hereby amended to read as follows:

      338.16991  1.  To be eligible to provide labor, materials or equipment on a public work, the contract for which a public body has entered into with a construction manager at risk pursuant to NRS 338.1696, a subcontractor must be:

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

      (b) Qualified pursuant to the provisions of this section to submit a proposal for the provision of labor, materials or equipment on a public work.

      2.  Subject to the provisions of subsections 3, 4 and 5, the construction manager at risk shall determine whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment on the public work for the purposes of paragraph (b) of subsection 1.

      3.  Not earlier than 30 days after a construction manager at risk has been selected pursuant to NRS 338.1693 [After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to apply to qualify to submit a meaningful and responsive proposal for the provision of labor, materials or equipment on the public work] and not later than [21] 10 working days before the date by which [such] an application must be submitted, the construction manager at risk shall advertise for [such] applications from subcontractors in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county. The construction manager at risk may accept an application from a subcontractor before advertising for applications pursuant to this subsection.

      4.  The criteria to be used by the construction manager at risk when determining whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment must include, and must be limited to:

      (a) The monetary limit placed on the license of the applicant by the State Contractors’ Board pursuant to NRS 624.220;

      (b) The financial ability of the applicant to provide the labor, materials or equipment required on the public work;

      (c) Whether the applicant has the ability to obtain the necessary bonding for the work required by the public body;

      (d) The safety programs established and the safety records accumulated by the applicant;

      (e) Whether the applicant has breached any contracts with a public body or person in this State or any other state during the 5 years immediately preceding the application;

      (f) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;

      (g) The performance history of the applicant concerning other recent, similar public or private contracts, if any, completed by the applicant in Nevada;

 


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      (h) The principal personnel of the applicant;

      (i) Whether the applicant has been disqualified from the award of any contract pursuant to NRS 338.017 or 338.13895; and

      (j) The truthfulness and completeness of the application.

      5.  The public body or its authorized representative shall ensure that each determination made pursuant to subsection 2 is made subject to the provisions of subsection 4.

      6.  The construction manager at risk shall notify each applicant and the public body in writing of a determination made pursuant to subsection 2.

      7.  A determination made pursuant to subsection 2 that an applicant is not qualified may be appealed pursuant to NRS 338.1381 to the public body with whom the construction manager at risk has entered into a contract for the construction of the public work.

      Sec. 13.  NRS 338.16995 is hereby amended to read as follows:

      338.16995  1.  If a public body enters into a contract with a construction manager at risk for the construction of a public work pursuant to NRS 338.1696, the construction manager at risk may enter into a subcontract for the provision of labor, materials and equipment necessary for the construction of the public work only as provided in this section.

      2.  The provisions of this section apply only to a subcontract for which the estimated value is at least 1 percent of the total cost of the public work [.] or $50,000, whichever is greater.

      3.  After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to submit a meaningful and responsive proposal, and not later than 21 days before the date by which a proposal for the provision of labor, materials or equipment by a subcontractor must be submitted, the construction manager at risk shall notify in writing each subcontractor who was determined pursuant to NRS 338.16991 to be qualified to submit such a proposal of a request for such proposals. A copy of the notice required pursuant to this subsection must be provided to the public body.

      4.  The notice required pursuant to subsection 3 must include, without limitation:

      (a) A description of the design for the public work and a statement indicating where a copy of the documents relating to that design may be obtained;

      (b) A description of the type and scope of labor, equipment and materials for which subcontractor proposals are being sought;

      (c) The dates on which it is anticipated that construction of the public work will begin and end;

      (d) [The] If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is to be held, the date, time and place at which [a] the preproposal meeting will be held;

      (e) The date and time by which proposals must be received, and to whom they must be submitted;

      (f) The date, time and place at which proposals will be opened for evaluation;

      (g) A description of the bonding and insurance requirements for subcontractors;

      (h) Any other information reasonably necessary for a subcontractor to submit a responsive proposal; and

 


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      (i) A statement in substantially the following form:

 

Notice: For a proposal for a subcontract on the public work to be considered:

       1.  The subcontractor must be licensed pursuant to chapter 624 of NRS;

       2.  The proposal must be timely received;

       3.  [The] If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is held, the subcontractor must attend the preproposal meeting; and

       4.  The subcontractor may not modify the proposal after the date and time the proposal is received.

 

      5.  A subcontractor may not modify a proposal after the date and time the proposal is received.

      6.  To be considered responsive, a proposal must:

      (a) Be timely received by the construction manager at risk; and

      (b) Substantially and materially conform to the details and requirements included in the proposal instructions and for the finalized bid package for the public work, including, without limitation, details and requirements affecting price and performance.

      7.  The opening of the proposals must be attended by an authorized representative of the public body . [and] The public body may require the architect or engineer responsible for the design of the public work [but] to attend the opening of the proposals. The opening of the proposals is not otherwise open to the public.

      8.  At the time the proposals are opened, the construction manager at risk shall compile and provide to the public body or its authorized representative a list that includes, without limitation, the name and contact information of each subcontractor who submits a timely proposal . [and the price of the proposal submitted by the subcontractor. The list must be made available to the public upon request.]

      9.  Not [less] more than 10 working days after opening the proposals [,] and before the construction manager at risk submits a guaranteed maximum price, a fixed price or a fixed price plus reimbursement pursuant to NRS 338.1696, the construction manager at risk shall:

      (a) Evaluate the proposals and determine which proposals are responsive.

      (b) Select the subcontractor who submits the proposal that the construction manager at risk determines is the best proposal. Subject to the provisions of subparagraphs (1), (2) and (3), if only one subcontractor submits a proposal, the construction manager at risk may select that subcontractor. The subcontractor must be selected from among those:

             (1) Who attended the preproposal meeting [;] regarding the scope of the work to be performed by the subcontractor, if such a preproposal meeting was held;

             (2) Who submitted a responsive proposal; and

             (3) Whose names are included on the list compiled and provided to the public body or its authorized representative pursuant to subsection 8.

      (c) Inform the public body or its authorized representative which subcontractor has been selected.

 


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      10.  The public body or its authorized representative shall ensure that the evaluation of proposals and selection of subcontractors are done pursuant to the provisions of this section and regulations adopted by the State Public Works Board.

      11.  A subcontractor selected pursuant to subsection 9 need not be selected by the construction manager at risk solely on the basis of lowest price.

      12.  Except as otherwise provided in [subsection] subsections 13 [,] and 15, the construction manager at risk shall enter into a subcontract with a subcontractor selected pursuant to subsection 9 to provide the labor, materials or equipment described in the request for proposals.

      13.  A construction manager at risk shall not substitute a subcontractor for any subcontractor selected pursuant to subsection 9 unless:

      (a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or

      (b) The substitution is approved by the public body after the selected subcontractor:

             (1) Files for bankruptcy or becomes insolvent;

             (2) After having a reasonable opportunity, fails or refuses to execute a written contract with the construction manager at risk which was offered to the selected subcontractor with the same general terms that all other subcontractors on the project were offered;

             (3) Fails or refuses to perform the subcontract within a reasonable time;

             (4) Is unable to furnish a performance bond and payment bond pursuant to NRS 339.025, if required for the public work; or

             (5) Is not properly licensed to provide that labor or portion of the work.

      14.  If a construction manager at risk substitutes a subcontractor for any subcontractor selected pursuant to subsection 9 without complying with the provisions of subsection 13, the construction manager at risk shall forfeit, as a penalty to the public body, an amount equal to 1 percent of the total amount of the contract.

      15.  If a construction manager at risk does not select a subcontractor pursuant to subsection 9 to perform a portion of work on a public work, the construction manager at risk shall notify the public body that the construction manager at risk intends to perform that portion of work. If, after providing such notification, the construction manager at risk substitutes a subcontractor to perform the work, the construction manager at risk shall forfeit, as a penalty to the public body, the lesser of, and excluding any amount of the contract that is attributable to change orders:

      (a) An amount equal to 2.5 percent of the total amount of the contract; or

      (b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the construction manager at risk selected himself or herself to perform on the public work.

      16.  The construction manager at risk shall make available to the public [, including, without limitation,] the name of each subcontractor who submits a proposal . [, the final rankings of the subcontractors and shall provide, upon request, an explanation to any subcontractor who is not selected of the reasons why the subcontractor was not selected.]

 


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      [15.]17.  If a public work is being constructed in phases, and a construction manager at risk selects a subcontractor pursuant to subsection 9 for the provision of labor, materials or equipment for any phase of that construction, the construction manager at risk may select that subcontractor for the provision of labor, materials or equipment for any other phase of the construction without following the requirements of subsections 3 to 11, inclusive.

      18.  As used in this section, “general terms” has the meaning ascribed to it in NRS 338.141.

      Sec. 13.5. NRS 338.1711 is hereby amended to read as follows:

      338.1711  1.  Except as otherwise provided in this section and NRS 338.161 to [338.16995,] 338.168, inclusive, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.

      2.  A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work has an estimated cost which exceeds $5,000,000.

      Sec. 14. NRS 338.1908 is hereby amended to read as follows:

      338.1908  1.  The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

      (a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

             (1) The length of time necessary to commence the project.

             (2) The number of workers estimated to be employed on the project.

             (3) The effectiveness of the project in reducing energy consumption.

             (4) The estimated cost of the project.

             (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

             (6) Whether the project has qualified for participation in one or more of the following programs:

                   (I) The Solar Energy Systems Incentive Program created by NRS 701B.240;

                   (II) The Renewable Energy School Pilot Program created by NRS 701B.350;

                   (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

                   (IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

      (b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

      2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.

      3.  As used in this section:

 


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      (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection [12] 13 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

      (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

             (1) Biomass;

             (2) Fuel cells;

             (3) Geothermal energy;

             (4) Solar energy;

             (5) Waterpower; and

             (6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

      Sec. 14.1. NRS 338.1908 is hereby amended to read as follows:

      338.1908  1.  The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

      (a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

             (1) The length of time necessary to commence the project.

             (2) The number of workers estimated to be employed on the project.

             (3) The effectiveness of the project in reducing energy consumption.

             (4) The estimated cost of the project.

             (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

             (6) Whether the project has qualified for participation in one or more of the following programs:

                   (I) The Solar Energy Systems Incentive Program created by NRS 701B.240;

                   (II) The Renewable Energy School Pilot Program created by NRS 701B.350;

                   (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

                   (IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

      (b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

      2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.

      3.  As used in this section:

 


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      (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection [13] 12 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

      (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

             (1) Biomass;

             (2) Fuel cells;

             (3) Geothermal energy;

             (4) Solar energy;

             (5) Waterpower; and

             (6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

      Sec. 14.3.  The Department of Transportation shall:

      1.  Conduct a study on the benefits to this State of entering into contracts with construction managers at risk pursuant to NRS 338.169 to 338.16995, inclusive, for the construction, reconstruction, improvement or maintenance of highways; and

      2.  On or before January 31, 2017, submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

      Sec. 14.5.  1.  On or before January 1 of each year, each public body that enters into a contract during the immediately preceding year with a construction manager at risk pursuant to NRS 338.169 to 338.16995, inclusive, for preconstruction services for or to construct a public work shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or to the Legislative Commission if the report is submitted during an odd-numbered year.

      2.  The report required by subsection 1 must include, for each public work for which the public body enters into a contract with a construction manager at risk:

      (a) A description of the public work;

      (b) The name of the construction manager at risk;

      (c) If the public work has not been completed at the time the report is submitted, a report on the progress of the public work; and

      (d) If the public work has been completed at the time the report is submitted, an explanation of whether the public body is satisfied with the public work and with the contractual arrangement with the construction manager at risk.

      3.  As used in this section:

      (a) “Public body” has the meaning ascribed to it in subsection 16 of NRS 338.010, as amended by section 2 of this act.

      (b) “Public work” has the meaning ascribed to it in subsection 17 of NRS 338.010, as amended by section 2 of this act.

 


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      Sec. 14.7.  NRS 338.169, 338.1691, 338.1692, 338.1693, 338.16935, 338.1696, 338.1697, 338.1698, 338.16985, 338.16991 and 338.16995 are hereby repealed.

      Sec. 15.  1.  This section and sections 1, 2, 3, 4, 5, 6, 7.5 to 13, inclusive, 14, 14.3 and 14.5 of this act become effective on July 1, 2013.

      2.  Section 1 of this act expires by limitation on June 30, 2017.

      3.  Sections 2.3, 2.5, 3.5, 4.5, 5.3, 5.5, 5.7, 6.5, 13.5, 14.1 and 14.7 of this act become effective on July 1, 2017.

________

CHAPTER 488, AB 415

Assembly Bill No. 415–Committee on Judiciary

 

CHAPTER 488

 

[Approved: June 11, 2013]

 

AN ACT relating to criminal justice; revising provisions governing the crime of burglary; revising provisions governing the crime of vagrancy; authorizing the Advisory Commission on the Administration of Justice to apply for and accept certain money; requiring the Commission to study and report on certain issues; authorizing each county to establish a community court pilot project to provide an alternative to sentencing a person who is charged with certain misdemeanors; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that a person who enters certain structures with the intent to commit grand or petit larceny, assault or battery, any felony or to obtain money by false pretenses is guilty of the crime of burglary. (NRS 205.060) Existing law also provides that a person commits the crime of petit larceny if the person intentionally steals, takes and carries, leads or drives away certain goods or property. (NRS 205.240) Section 1 of this bill removes the crime of petit larceny from the underlying offenses which constitute burglary if the petit larceny was intended to be committed in a commercial establishment during business hours and the person has not: (1) twice previously been convicted of petit larceny within the previous 7 years; or (2) previously been convicted of a felony.

      Existing law prohibits a person from lodging in any building, structure or place without certain permission. (NRS 207.030) Section 1.5 of this bill further prohibits a person from lodging in such a place if the property is the subject of a notice of default and election to sell or is placed on a registry of vacant, abandoned or foreclosed property, unless the person is the owner, tenant or otherwise entitled to possession of the property.

      Existing law establishes the Advisory Commission on the Administration of Justice and directs the Commission, among other duties, to identify and study the elements of this State’s system of criminal justice. (NRS 176.0123, 176.0125) Section 3 of this bill authorizes the Chair of the Commission to apply for grants and accept grants, bequests, devises, donations and gifts. Section 8 of this bill requires the Commission to include certain items relating to criminal justice on an agenda for discussion and to issue a report.

      Existing law provides that a misdemeanor is punishable by a fine of not more than $1,000 or imprisonment in the county jail for not more than 6 months, or by both a fine and imprisonment. (NRS 193.150) Section 10 of this bill authorizes each county to establish a community court pilot project within any of its justice courts located in the county to provide an alternative to sentencing a person who is charged with certain misdemeanors.

 


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located in the county to provide an alternative to sentencing a person who is charged with certain misdemeanors. Section 11 of this bill requires the community court to evaluate each defendant to determine whether services or treatment is likely to assist the defendant to modify behavior or obtain skills that may prevent the defendant from engaging in further criminal activity. The services or treatment that the community court may order the defendant to receive may include, without limitation, treatment for alcohol or substance abuse, health education, treatment for mental health, family counseling, literacy assistance, job training, housing assistance or any other services or treatment that the community court deems appropriate. Section 11 provides that if the defendant successfully completes all conditions imposed by the community court, the sentence to which the defendant agreed upon with the justice court must not be executed or recorded. If the defendant does not successfully complete the conditions imposed, the case will be transferred back to the justice court, and the sentence must be carried out.

 

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 205.060 is hereby amended to read as follows:

      205.060  1.  [A] Except as otherwise provided in subsection 5, a person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of burglary.

      2.  Except as otherwise provided in this section, a person convicted of burglary is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released on probation or granted a suspension of sentence.

      3.  Whenever a burglary is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed.

      4.  A person convicted of burglary who has in his or her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

      5.  The crime of burglary does not include the act of entering a commercial establishment during business hours with the intent to commit petit larceny unless the person has previously been convicted:

 


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      (a) Two or more times for committing petit larceny within the immediately preceding 7 years; or

      (b) Of a felony.

      Sec. 1.5. NRS 207.030 is hereby amended to read as follows:

      207.030  1.  It is unlawful to:

      (a) Offer or agree to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;

      (b) Offer or agree to engage in, engage in or aid and abet any act of prostitution;

      (c) Be a pimp, panderer or procurer or live in or about houses of prostitution;

      (d) Seek admission to a house upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;

      (e) Keep a place where lost or stolen property is concealed;

      (f) Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act; or

      (g) Lodge in any building, structure or place, whether public or private [, without] :

             (1) Where a notice of default and election to sell has been recorded, unless the person is the owner, tenant or entitled to the possession or control thereof;

             (2) Which has been placed on a registry of vacant, abandoned or foreclosed property by a local government, unless the person is the owner, tenant or entitled to the possession or control thereof; or

             (3) Without the permission of the owner or person entitled to the possession or in control thereof.

      2.  A person who violates a provision of subsection 1 shall be punished:

      (a) For the first violation of paragraph (a), (b) or (c) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.

      (b) For the second violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than $250 nor more than $1,000.

      (c) For the third or subsequent violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

      (d) For a violation of any provision of paragraphs (d) to (g), inclusive, of subsection 1, for a misdemeanor.

      3.  The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.

      4.  A local government may enact an ordinance which regulates the time, place or manner in which a person or group of persons may beg or solicit alms in a public place or place open to the public.

      Sec. 2. (Deleted by amendment.)

 


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      Sec. 3. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Chair of the Commission may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of this section and NRS 176.0121 to 176.0129, inclusive.

      2.  Any money received pursuant to this section must be deposited in the Special Account for the Support of the Advisory Commission on the Administration of Justice, which is hereby created in the State General Fund. Interest and income earned on money in the Account must be credited to the Account. Money in the Account may only be used for the support of the Commission and its activities pursuant to this section and NRS 176.0121 to 176.0129, inclusive.

      Sec. 4. NRS 176.0121 is hereby amended to read as follows:

      176.0121  As used in NRS 176.0121 to 176.0129, inclusive, and section 3 of this act, “Commission” means the Advisory Commission on the Administration of Justice.

      Secs. 5-7. (Deleted by amendment.)

      Sec. 8.  1.  The Advisory Commission on the Administration of Justice created pursuant to NRS 176.0123, shall, at a meeting held by the Commission, include as an item on the agenda a discussion of the following issues:

      (a) A review of sentencing for all criminal offenses for which a term of imprisonment of more than 1 year may be imposed.

      (b) An evaluation of the current system of parole, including a review of whether the current system should be maintained, amended or abolished.

      (c) An evaluation of potential legislation relating to offenders for whom traditional imprisonment is not considered appropriate. In evaluating such potential legislation, the Commission shall consider current practices governing sentencing and release from imprisonment and correctional resources, including, without limitation, the capacities of local and state correctional facilities and institutions.

      2.  Upon review of the issues pursuant to subsection 1, the Commission shall prepare a comprehensive report including the Commission’s recommended changes, the Commission’s findings and any recommendations for proposed legislation. The report must be submitted to the Chair of the Senate Standing Committee on Judiciary and the Chair of the Assembly Standing Committee on Judiciary not later than June 1, 2014.

      Sec. 9.  As used in sections 10 and 11 of this act, “community court” means the community court that is established as part of a pilot project pursuant to section 10 of this act.

      Sec. 10.  1.  Each county may establish a community court pilot project within any of the justice courts located in the county to provide an alternative to sentencing a person who is charged with a misdemeanor, other than a misdemeanor constituting an act of domestic violence pursuant to NRS 33.018 or a violation of NRS 484C.110 or 484C.120.

      2.  Notwithstanding any other provision of law, a defendant charged with a misdemeanor, other than a misdemeanor constituting an act of domestic violence pursuant to NRS 33.018 or a violation of NRS 484C.110 or 484C.120, may be transferred to the community court by the justice court if the defendant:

 


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      (a) Pleads guilty to the offense;

      (b) Has not previously been referred to the community court;

      (c) Agrees to comply with the conditions imposed by the community court; and

      (d) Agrees to a sentence, including, without limitation, a period of imprisonment in the county jail, which must be carried out if the defendant does not successfully complete the conditions imposed by the community court.

      3.  When a defendant is transferred to the community court, sentencing must be postponed and, if the defendant successfully completes all conditions imposed by the community court, the sentence of the defendant must not be executed or appear on the record of the defendant. If the defendant does not successfully complete all conditions imposed by the community court, the sentence must be carried out.

      4.  A defendant who is transferred to the community court remains under the supervision of the community court and must comply with the conditions established by the community court.

      5.  Each county may collaborate with state and local governmental entities as well as private persons and entities to coordinate and determine the services and treatment that may be offered to defendants who are transferred to the community court.

      6.  A defendant does not have a right to be referred to the community court pursuant to this section. It is not intended that the establishment or operation of the community court creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees. The decision by the justice court of whether to refer a defendant to the community court is not subject to appeal.

      Sec. 11.  1.  The community court shall provide for the evaluation of each defendant transferred to the community court to determine whether services or treatment is likely to assist the defendant to modify his or her behavior or obtain skills which may prevent the defendant from engaging in further criminal activity. Such services or treatment may include, without limitation, treatment for alcohol or substance abuse, health education, treatment for mental health, family counseling, literacy assistance, job training, housing assistance or such other services or treatment as the community court deems appropriate.

      2.  The community court shall provide or refer a defendant to a provider of such services or treatment. The community court may enter into contracts with persons or private entities that are qualified to evaluate defendants and provide services or treatment to defendants.

      3.  A defendant who is ordered by the community court to receive services or treatment shall pay for the services or treatment to the extent of his or her financial resources.

      4.  The justice court shall not refuse to refer a defendant to the community court based on the inability of the defendant to pay any or all of the related costs.

      5.  The community court shall order a defendant to perform a specified amount of community service in addition to any services or treatment to which the defendant is ordered to receive. Such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.

 


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other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.

      6.  Notwithstanding any other provision of law, if a defendant successfully completes the conditions imposed by the community court, the community court shall so certify to the justice court, and the sentence imposed pursuant to section 10 of this act must not be executed or recorded. If the defendant does not successfully complete the conditions imposed by the community court, the case must be transferred back to the justice court, and the sentence must be carried out.

________

CHAPTER 489, AB 488

Assembly Bill No. 488–Committee on Ways and Means

 

CHAPTER 489

 

[Approved: June 11, 2013]

 

AN ACT relating to governmental administration; consolidating the Health Division and the Division of Mental Health and Developmental Services of the Department of Health and Human Services into the Division of Public and Behavioral Health of the Department; transferring the powers and duties concerning certain services to children with autism spectrum disorders from the Health Division to the Aging and Disability Services Division of the Department; transferring the authority for developmental services in the Division of Mental Health and Developmental Services to the Aging and Disability Services Division; replacing the State Health Officer with a Chief Medical Officer; providing the qualifications and duties of the Chief Medical Officer; renaming the Commission on Mental Health and Developmental Services of the Department the Commission on Behavioral Health; making the Aging and Disability Services Division of the Department responsible for services for and other oversight relating to persons with intellectual disabilities and persons with related conditions; making various other changes to provisions relating to the organization of the divisions of the Department; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Health Division and the Division of Mental Health and Developmental Services are separate divisions within the Department of Health and Human Services. (NRS 232.300) This bill consolidates those divisions into one division named the Division of Public and Behavioral Health of the Department of Health and Human Services. Sections 1-5, 6, 7, 8, 10, 12, 14, 17, 18, 21, 21.7, 40, 42, 43, 46, 47, 66-68, 71-80, 81-88, 91-98 and 100-137 of this bill make conforming changes to carry out that consolidation.

      Existing law requires the Director of the Department of Health and Human Services to appoint the Administrator of the Health Division and the Administrator of the Division of Mental Health and Developmental Services. (NRS 232.320) Section 2 eliminates those two Administrators and instead provides for the appointment of an Administrator of the Division of Public and Behavioral Health. Section 3 requires the Administrator, with the consent of the Director of the Department, to appoint four deputies, one of whom must have expertise or experience in mental health services.

 


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Section 12 authorizes the Administrator to delegate his or her powers, duties and functions to any officer, deputy or employee of the Division. Section 21 establishes the qualifications of the Administrator.

      Section 4 renames the Commission on Mental Health and Developmental Services within the Department of Health and Human Services as the Commission on Behavioral Health. (NRS 232.361) The Commission retains its duties except that section 25 of this bill requires the State Board of Health, rather than the Commission, to adopt certain regulations regarding the care and treatment of persons with mental illness, persons with substance use disorders and persons with co-occurring disorders. In addition, although the Commission will continue to consider certain issues relating to persons with intellectual disabilities and persons with related conditions, regulations regarding such persons are transferred to the Aging and Disability Services Division of the Department in section 50 of this bill.

      Under existing law, the Health Division and the Division of Mental Health and Developmental Services have various responsibilities with respect to persons with intellectual disabilities and persons with related conditions. This bill transfers most of those responsibilities to the Aging and Disability Services Division. Sections 9.3 and 9.7 of this bill add to the duties of the Aging and Disability Services Division the duty to oversee those transferred responsibilities. Sections 49-59.7 of this bill duplicate certain provisions of NRS which applied to both mental health and intellectual disabilities to: (1) transfer the responsibilities relating to persons with intellectual disabilities and persons with other related conditions and applicable division facilities to the Aging and Disability Services Division; and (2) continue the statutory rights of persons with intellectual disabilities and persons with related conditions. Sections 7.5, 9-9.7, 10.3-20.5, 21.7, 27-39.8, 41, 45, 47, 60, 60.3, 61 and 137.2-137.8 of this bill make conforming changes to ensure the transfer of responsibilities regarding persons with intellectual disabilities and persons with related conditions and regarding applicable division facilities.

      Section 61.5 of this bill designates the Department of Health and Human Services rather than the Division of Mental Health and Developmental Services as the official state agency responsible for developing and administering preventive and outpatient mental health services.

      Existing law creates the position of State Health Officer within the Health Division of the Department of Health and Human Services and requires the State Health Officer to enforce all laws and regulations pertaining to the public health and to investigate matters relating to the health and life of the people of this State. (NRS 439.090, 439.130) Section 64 of this bill instead provides for the appointment of a Chief Medical Officer to take over the responsibilities of the State Health Officer. Section 63 of this bill establishes the qualifications of the Chief Medical Officer. Section 65 of this bill sets forth the duties of the Chief Medical Officer. Section 13 of this bill provides that the medical director or other person in charge of certain facilities relating to mental health is subject to the oversight of the Chief Medical Officer and is required to report any information concerning the facility to the Chief Medical Officer upon his or her request. Sections 69.5-71, 74, 80.5, 92, 95, 103, 125 and 133 of this bill make conforming changes to existing law.

      Sections 88-90 and 99-101 of this bill also transfer: (1) the powers and duties concerning certain services to children with autism spectrum disorders from the Health Division to the Aging and Disability Services Division of the Department of Health and Human Services; and (2) the authority for developmental services from the Division of Mental Health and Developmental Services to the Aging and Disability Services Division.

      Section 128 removes language from existing law concerning transferring money from one account of the Health Division to an account of the Division of Mental Health and Developmental Services. (NRS 453A.730) Since those Divisions are consolidated in this bill, there is no need to transfer the money. Sections 131.5 and 131.7 make conforming changes.

      Section 139 of this bill repeals various sections of NRS which are no longer necessary because of the revisions made in this bill.

 


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      Sections 140-142 of this bill provide transitory provisions regarding the transfer of responsibilities, including the transfer and adoption of regulations, the effect of name changes on any existing contracts, revisions that may be necessary to other provisions of NRS and administrative regulations to conform to the changes made in this bill and other necessary directions to carry out the intent of this bill.

 

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 232.300 is hereby amended to read as follows:

      232.300  1.  The Department of Health and Human Services is hereby created.

      2.  The Department consists of a Director and the following divisions:

      (a) Aging and Disability Services Division.

      (b) [Health Division.

      (c)] Division of [Mental Health and Developmental Services.

      (d)] Public and Behavioral Health.

      (c) Division of Welfare and Supportive Services.

      [(e)] (d) Division of Child and Family Services.

      [(f)] (e) Division of Health Care Financing and Policy.

      3.  The Department is the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 2. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) [The Administrator of the Health Division;

             (3)] The Administrator of the Division of Welfare and Supportive Services;

             [(4)] (3) The Administrator of the Division of Child and Family Services;

             [(5)] (4) The Administrator of the Division of Health Care Financing and Policy; and

             [(6)] (5) The Administrator of the Division of [Mental Health and Developmental Services.] Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the [Health] Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session.

 


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revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than [:

      (a) The Executive Director of the Nevada Indian Commission who is appointed pursuant to NRS 233A.055; and

      (b) The] the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      Sec. 3. NRS 232.350 is hereby amended to read as follows:

      232.350  Unless federal law or regulation requires otherwise:

      1.  The administrators of the divisions of the Department, except as otherwise provided in subsections 2 [and 3,] , 3 and 4, may each appoint, with the consent of the Director, a deputy and a chief assistant in the unclassified service of the State.

      2.  The Administrator of the Division of Child and Family Services of the Department shall appoint, with the consent of the Director, four deputies in the unclassified service of the State, one of whom is the Deputy Administrator for Youth Corrections who is responsible only for correctional services for youths for which the Division is responsible, including, without limitation, juvenile correctional institutions, parole of juveniles, administration of juvenile justice and programs for juvenile justice.

      3.  The Administrator of the Division of Health Care Financing and Policy of the Department may appoint, with the consent of the Director, two deputies in the unclassified service of the State.

      4.  The Administrator of the Division of Public and Behavioral Health shall appoint, with the consent of the Director, four deputies in the unclassified service of the State, one of whom must have expertise or experience in mental health services.

 


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      Sec. 4. NRS 232.361 is hereby amended to read as follows:

      232.361  1.  There is hereby created in the Department a Commission on [Mental Health and Developmental Services] Behavioral Health consisting of 10 members appointed by the Governor, at least 3 of whom have training or experience in dealing with mental retardation.

      2.  The Governor shall appoint:

      (a) A psychiatrist licensed to practice medicine in this State, from a list of three candidates submitted by the Nevada Psychiatric Association;

      (b) A psychologist licensed to practice in this State and experienced in clinical practice, from a list of four candidates submitted by the Nevada State Psychological Association, two of whom must be from northern Nevada and two of whom must be from southern Nevada;

      (c) A physician, other than a psychiatrist, licensed to practice medicine in this State and who has experience in dealing with mental retardation, from a list of three candidates submitted by the Nevada State Medical Association;

      (d) A social worker who has a master’s degree and has experience in dealing with mental illness or mental retardation, or both;

      (e) A registered nurse licensed to practice in this State who has experience in dealing with mental illness or mental retardation, or both, from a list of three candidates submitted by the Nevada Nurses Association;

      (f) A marriage and family therapist licensed to practice in this State, from a list of three candidates submitted by the Nevada Association for Marriage and Family Therapy;

      (g) A person who has knowledge and experience in the prevention of alcohol and drug abuse and the treatment and recovery of alcohol and drug abusers through a program or service provided pursuant to chapter 458 of NRS, from a list of three candidates submitted by the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department;

      (h) A current or former recipient of mental health services provided by the State or any agency thereof;

      (i) A representative of the general public who has a special interest in the field of mental health; and

      (j) A representative of the general public who has a special interest in the field of mental retardation.

      3.  The Governor shall appoint the Chair of the Commission from among its members.

      4.  After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.

      Sec. 5. NRS 178.3983 is hereby amended to read as follows:

      178.3983  “Division” means the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 5.5. NRS 178.3984 is hereby amended to read as follows:

      178.3984  “Division facility” [has the meaning ascribed to it] means a division facility as defined in NRS 433.094 [.] and section 60 of this act.

      Sec. 6. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

 


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      Sec. 7. NRS 278.0238 is hereby amended to read as follows:

      278.0238  As used in NRS 278.0238 to 278.02388, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.02381 to 278.02385, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.

      Sec. 7.5. NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

      2.  If:

      (a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

      (b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.

      (c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

      3.  The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.

      4.  In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:

      (a) The need for the facility or service to be provided or improved;

      (b) Any present or future commitment required of the State;

      (c) The extent of the program proposed; and

      (d) The condition of the national economy, and any related fiscal or monetary policies.

      5.  A state agency may accept:

      (a) Gifts, including grants from nongovernmental sources, not exceeding $20,000 each in value; and

      (b) Governmental grants not exceeding $150,000 each in value,

 


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Ê if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Department of Administration, the specific approval of the Chief.

      6.  This section does not apply to:

      (a) The Nevada System of Higher Education;

      (b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 [;] or section 55.2 of this act; or

      (c) Artifacts donated to the Department of Tourism and Cultural Affairs.

      Sec. 8. NRS 353.349 is hereby amended to read as follows:

      353.349  1.  If the Administrator of the [Health] Division of Public and Behavioral Health of the Department of Health and Human Services determines that current claims exceed the amount of money available because revenue from billed services has not been collected or because of a delay in the receipt of money from federal grants, the Administrator may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the Director’s approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the State General Fund:

      (a) May be approved by the Director of the Department of Administration for the following budget accounts of the [Health] Division of Public and Behavioral Health of the Department of Health and Human Services:

             (1) Consumer Health Protection;

             (2) [Bureau of Laboratory and Research;

             (3)] Community Health Services;

             [(4)](3) Women, Infants and Children;

             [(5)](4) Bureau of Health Facilities; and

             [(6)](5) Radiological Health.

      (b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

      Sec. 9. NRS 353.351 is hereby amended to read as follows:

      353.351  1.  If the Administrator of the Aging and Disability Services Division [of Mental Health and Developmental Services] of the Department of Health and Human Services determines that current claims exceed the amount of money available because revenue from billed services has not been collected, the Administrator may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the Director’s approval of a request made pursuant to subsection 1.

 


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Bureau of the Director’s approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the State General Fund:

      (a) May be approved by the Director of the Department of Administration for the following budget accounts of the Aging and Disability Services Division [of Mental Health and Developmental Services] of the Department of Health and Human Services:

             (1) Rural Regional Center;

             (2) Desert Regional Center; and

             (3) Sierra Regional Center.

      (b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

      Sec. 9.3. NRS 427A.040 is hereby amended to read as follows:

      427A.040  1.  The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:

      (a) Serve as a clearinghouse for information related to problems of the aged and aging.

      (b) Assist the Director in all matters pertaining to problems of the aged and aging.

      (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.

      (d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

      (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

      (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

      (g) Stimulate more effective use of existing resources and available services for the aged and aging.

      (h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

      (i) Coordinate all state and federal funding of service programs to the aging in the State.

      2.  The Division shall:

      (a) Provide access to information about services or programs for persons with disabilities that are available in this State.

      (b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

             (1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

 


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             (2) Making recommendations concerning new policies or services that may benefit persons with disabilities.

      (c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

      (d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:

             (1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

             (2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

             (3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

      (e) Administer the following programs in this State that provide services for persons with disabilities:

             (1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;

             (2) The programs established pursuant to NRS 427A.800 to 427A.860, inclusive, to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;

             (3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

             (4) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

             (5) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

      (f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

      (g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

             (1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

 


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             (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

      (h) Publish and make available to governmental entities and the general public a biennial report which:

             (1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

             (2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;

             (3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

             (4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and

             (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

      3.  The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter [.] and chapter 435 of NRS.

      4.  The Division shall administer the provisions of [chapter] chapters 435 and 656A of NRS.

      5.  The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter [.] and chapter 435 of NRS.

      Sec. 9.7. NRS 427A.070 is hereby amended to read as follows:

      427A.070  1.  The Administrator shall:

      (a) Subject to the approval of the Director, adopt rules and regulations:

             (1) Necessary to carry out the purposes of this chapter [;] and chapter 435 of NRS; and

             (2) Establishing a program to subsidize the transportation by taxicab of elderly persons and persons with permanent disabilities from money received pursuant to subsection 5 of NRS 706.8825;

      (b) Establish appropriate administrative units within the Division;

      (c) Appoint such personnel and prescribe their duties as the Administrator deems necessary for the proper and efficient performance of the functions of the Division;

      (d) Prepare and submit to the Governor, through the Director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter [;] and chapter 435 of NRS;

      (e) Make certification for disbursement of funds available for carrying out the purposes of this chapter [;] and chapter 435 of NRS; and

 


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      (f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter [.] and chapter 435 of NRS.

      2.  The Administrator may delegate to any officer or employee of the Division such of the powers and duties of the Administrator as the Administrator finds necessary to carry out the purposes of this chapter [.] and chapter 435 of NRS.

      Sec. 9.8. NRS 427A.872 is hereby amended to read as follows:

      427A.872  1.  The Division, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization, shall prescribe by regulation a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through the State or a local government or an agency thereof. The regulations must designate a protocol based upon accepted best practices guidelines which includes at least one standardized assessment instrument that requires direct observation by the professional conducting the assessment for determining whether a person is a person with autism spectrum disorder, which must be used by personnel employed by the State or a local government or an agency thereof who provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years and by the persons with whom the State or a local government or an agency thereof contracts to provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years. The protocol must require that the direct observation conducted by a professional pursuant to this subsection include, without limitation, an evaluation to measure behaviors of the person which are consistent with autism spectrum disorder, cognitive functioning, language functioning and adaptive functioning.

      2.  The protocol designated pursuant to subsection 1 must be used upon intake of a person suspected of having autism spectrum disorder or at any later time if a person is suspected of having autism spectrum disorder after intake. The results of an assessment must be provided to the parent or legal guardian of the person, if applicable.

      3.  The Division shall prescribe the form and content of reports relating to persons with autism spectrum disorders through the age of 21 years that must be reported to the Division pursuant to NRS 388.483 [, 442.760] and 615.205. Except as otherwise provided in NRS 388.483, the Division shall ensure that the information is reported in a manner which:

      (a) Allows the Division to document the services provided to and monitor the progress of each person with autism spectrum disorder through the age of 21 years who receives services from the State or an agency thereof; and

      (b) Ensures that information reported for each person who receives services which identifies the person is kept confidential, consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

      4.  The Division shall prepare annually a summary of the reports submitted pursuant to NRS 388.483 [, 442.760] and 615.205 and make the summary publicly available. The Division shall ensure that information contained in the summary does not identify a person who received services.

 


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      Sec. 10. NRS 432A.0273 is hereby amended to read as follows:

      432A.0273  [“Health] “ Division” means the [Health] Division of Public and Behavioral Health of the Department.

      Sec. 10.3. NRS 432B.6078 is hereby amended to read as follows:

      432B.6078  1.  Not later than 5 days after a child who is in the custody of an agency which provides child welfare services has been admitted to a facility pursuant to NRS 432B.6076, the agency which provides child welfare services shall inform the child of his or her legal rights and the provisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and sections 57.4 to 58.67, inclusive, of this act, and, if the child or the child’s attorney desires, assist the child in requesting the court to authorize a second examination by an evaluation team that includes a physician, psychiatrist or licensed psychologist who are not employed by, connected to or otherwise affiliated with the facility other than a physician, psychiatrist or licensed psychologist who performed an original examination which authorized the court to order the admission of the child to the facility. A second examination must be conducted not later than 5 business days after the court authorizes the examination.

      2.  If the court authorizes a second examination of the child, the examination must:

      (a) Include, without limitation, an evaluation concerning whether the child should remain in the facility and a recommendation concerning the appropriate placement of the child which must be provided to the facility; and

      (b) Be paid for by the governmental entity that is responsible for the agency which provides child welfare services, if such payment is not otherwise provided by the State Plan for Medicaid.

      Sec. 10.6. NRS 432B.6082 is hereby amended to read as follows:

      432B.6082  In addition to the personal rights set forth in NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS, and sections 57.4 to 58.67, inclusive, of this act, a child who is in the custody of an agency which provides child welfare services and who is admitted to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing evaluation, treatment or training services to such children and must be otherwise brought to the attention of the child by such additional means as prescribed by regulation:

      1.  To receive an education as required by law; and

      2.  To receive an allowance from the agency which provides child welfare services in an amount equivalent to any allowance required to be provided to children who reside in foster homes.

      Sec. 10.9. NRS 432B.6085 is hereby amended to read as follows:

      432B.6085  1.  Nothing in this chapter purports to deprive any person of any legal rights without due process of law.

      2.  Unless the context clearly indicates otherwise, the provisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and sections 57.4 to 58.67, inclusive, of this act apply to all children who are in the custody of an agency which provides child welfare services.

 


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      Sec. 11. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 and 13 of this act.

      Sec. 12. 1.  The Administrator may delegate to any officer, deputy or employee of the Division the exercise or discharge in the name of the Administrator of any power, duty or function vested in or imposed upon the Administrator.

      2.  The official act of any such person acting in the name of the Administrator and by his or her authority shall be deemed an official act of the Administrator.

      Sec. 13. The medical director or other person in charge of any division facility or any other facility or center established pursuant to this chapter and chapters 433A, 433B and 436 of NRS:

      1.  Is subject to the oversight of the Chief Medical Officer; and

      2.  Shall report to the Chief Medical Officer any information concerning the facility or center upon the request of the Chief Medical Officer.

      Sec. 14. NRS 433.003 is hereby amended to read as follows:

      433.003  The Legislature hereby declares that it is the intent of this [title:] chapter and chapters 433A, 433B and 436 of NRS:

      1.  To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness , [or mental retardation or a related condition,] by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and

      2.  To charge the Division of [Mental and Developmental Services,] Public and Behavioral Health, and the Division of Child and Family Services, of the Department with recognizing their duty to act in the best interests of their respective consumers by placing them in the least restrictive environment.

      Sec. 15. NRS 433.005 is hereby amended to read as follows:

      433.005  As used in this [title,] chapter and chapters 433A, 433B and 436 of NRS, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.227, inclusive, have the meanings ascribed to them in those sections.

      Sec. 16. NRS 433.014 is hereby amended to read as follows:

      433.014  “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate mental health [or mental retardation facilities] centers designated by the Administrator.

      Sec. 17. NRS 433.047 is hereby amended to read as follows:

      433.047  “Commission” means the Commission on [Mental Health and Developmental Services.] Behavioral Health.

      Sec. 18. NRS 433.084 is hereby amended to read as follows:

      433.084  “Division” means the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department.

      Sec. 19. NRS 433.134 is hereby amended to read as follows:

      433.134  “Medical director” means the [chief] medical officer in charge of any division mental health [or mental retardation] program.

      Sec. 20. NRS 433.233 is hereby amended to read as follows:

      433.233  1.  The division facilities providing mental health services are designated as:

 


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      (a) Northern Nevada Adult Mental Health Services;

      (b) Southern Nevada Adult Mental Health Services;

      (c) Rural clinics; and

      (d) Lakes Crossing Center.

      2.  [The division facilities providing services for persons with mental retardation and persons with related conditions are designated as:

      (a) Desert Regional Center;

      (b) Sierra Regional Center; and

      (c) Rural Regional Center.

      3.]  Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.

      Sec. 20.5. NRS 433.234 is hereby amended to read as follows:

      433.234  The provisions of [chapters 433 to] this chapter and chapters 433A, 433B and 436 [, inclusive,] of NRS pertaining to division facilities must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the Administrator.

      Sec. 21. NRS 433.244 is hereby amended to read as follows:

      433.244  1.  The Administrator must [have:

      (a) Training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration; and

      (b) Administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of persons with mental illness or mental retardation and persons with related conditions.] be selected on the basis of his or her education, training, experience, leadership qualities, demonstrated abilities and interest in the field of behavioral health or public health.

      2.  The Administrator is in the unclassified service of the State.

      Sec. 21.5. NRS 433.264 is hereby amended to read as follows:

      433.264  1.  Physicians shall be employed within the various division facilities as are necessary for the operation of the facilities. They shall hold degrees of doctor of medicine or doctor of osteopathic medicine from accredited medical schools and they shall be licensed to practice medicine or osteopathic medicine in Nevada as provided by law.

      2.  Except as otherwise provided by law, their only compensation shall be annual salaries, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.

      3.  The physicians shall perform such duties pertaining to the care and treatment of consumers as may be required.

      Sec. 21.7. NRS 433.279 is hereby amended to read as follows:

      433.279  1.  The Division shall carry out a vocational and educational program for the certification of mental [health-mental retardation] health technicians, including forensic technicians:

      (a) Employed by the Division, or other employees of the Division who perform similar duties, but are classified differently.

      (b) Employed by the Division of Child and Family Services of the Department.

Ê The program must be carried out in cooperation with the Nevada System of Higher Education.

      2.  A mental [health-mental retardation] health technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person.

 


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psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental [health-mental retardation] health technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

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

      4.  As used in this section, “mental [health-mental retardation] health technician” means an employee of the Division of [Mental Health and Developmental Services] Public and Behavioral Services or the Division of Child and Family Services who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with mental illness [or mental retardation,] and persons who are emotionally disturbed , [and persons with related conditions,] and who has direct responsibility for:

      (a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

      (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.

      Sec. 22. NRS 433.314 is hereby amended to read as follows:

      433.314  The Commission shall:

      1.  Establish policies to ensure adequate development and administration of services for persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders , [and persons with related conditions,] including services to prevent mental illness, [mental retardation] intellectual disabilities and related conditions, substance use disorders and co-occurring disorders [and related conditions,] and services provided without admission to a facility or institution;

      2.  Set policies for the care and treatment of persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders [and persons with related conditions] provided by all state agencies;

      3.  Review the programs and finances of the Division; and

      4.  Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature on the quality of the care and treatment provided for persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders [and persons with related conditions] in this State and on any progress made toward improving the quality of that care and treatment.

 


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      Sec. 23. NRS 433.316 is hereby amended to read as follows:

      433.316  The Commission may:

      1.  Collect and disseminate information pertaining to mental health, [mental retardation] intellectual disabilities and related conditions, substance use disorders and co-occurring disorders . [and related conditions.]

      2.  Request legislation pertaining to mental health, [mental retardation] intellectual disabilities and related conditions, substance use disorders and co-occurring disorders . [and related conditions.]

      3.  [Investigate] Review findings of investigations of complaints about the care of any person in a public facility for the treatment of persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders . [and persons with related conditions.]

      4.  Accept, as authorized by the Legislature, gifts and grants of money and property.

      5.  Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders [and persons with related conditions] provided through [state agencies,] private nonprofit organizations, governmental entities, hospitals and clinics.

      6.  Promote programs for the treatment of persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or co-occurring disorders [and persons with related conditions] and participate in and promote the development of facilities for training persons to provide services for persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders . [and persons with related conditions.]

      7.  Create a plan to coordinate the services for the treatment of persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders [and persons with related conditions] provided in this State and to provide continuity in the care and treatment provided.

      8.  Establish and maintain an appropriate program which provides information to the general public concerning mental illness, [mental retardation] intellectual disabilities and related conditions, substance use disorders and co-occurring disorders [and related conditions] and consider ways to involve the general public in the decisions concerning the policy on mental illness, [mental retardation] intellectual disabilities and related conditions, substance use disorders and co-occurring disorders . [and related conditions.]

      9.  Compile statistics on mental illness and study the cause, pathology and prevention of that illness.

      10.  Establish programs to prevent or postpone the commitment of residents of this State to facilities for the treatment of persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders .

 


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and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders . [and persons with related conditions.]

      11.  Evaluate the future needs of this State concerning the treatment of mental illness, [mental retardation] intellectual disabilities and related conditions, substance use disorders and co-occurring disorders [and related conditions] and develop ways to improve the treatment already provided.

      12.  Take any other action necessary to promote mental health in this State.

      Sec. 24. NRS 433.318 is hereby amended to read as follows:

      433.318  1.  The Commission may appoint a subcommittee or an advisory committee composed of members who have experience and knowledge of matters relating to persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders [and related conditions] and who, to the extent practicable, represent the ethnic and geographic diversity of this State.

      2.  A subcommittee or advisory committee appointed pursuant to this section shall consider specific issues and advise the Commission on matters related to the duties of the Commission.

      3.  The members of a subcommittee or advisory committee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee or advisory committee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

      Sec. 25. NRS 433.324 is hereby amended to read as follows:

      433.324  1.  The [Commission] State Board of Health shall adopt regulations:

      (a) For the care and treatment of persons with mental illness, [mental retardation] persons with substance use disorders or persons with co-occurring disorders [and persons with related conditions] by all state agencies and facilities, and their referral to private facilities;

      (b) To ensure continuity in the care and treatment provided to persons with mental illness, [mental retardation] persons with substance use disorders or persons with co-occurring disorders [and persons with related conditions] in this State; and

      (c) Necessary for the proper and efficient operation of the facilities of the Division.

      2.  The [Commission] State Board of Health may adopt regulations to promote programs relating to mental health, [mental retardation] substance use disorders and co-occurring disorders . [and related conditions.]

      Sec. 26. NRS 433.325 is hereby amended to read as follows:

      433.325  The Commission or its designated agent may inspect any state facility providing services for persons with mental illness, [mental retardation] persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders [and persons with related conditions] to determine if the facility is in compliance with the provisions of this title and any regulations adopted pursuant [to those provisions.] thereto.

 


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      Sec. 27. NRS 433.3315 is hereby amended to read as follows:

      433.3315  The Division shall adopt regulations:

      1.  To define the term “consumer” for the purposes of this [title.] chapter and chapters 433A, 433B and 436 of NRS.

      2.  To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to this [title,] chapter and chapters 433A, 433B and 436 of NRS, including, but not limited to, care, treatment, treatment to competency and training. Regulations adopted pursuant to this subsection must specify that a consumer is eligible to receive services only if the consumer:

      (a) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

      (b) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

      3.  To specify the circumstances under which the provisions of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

      4.  To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.

      Sec. 28. NRS 433.334 is hereby amended to read as follows:

      433.334  The Division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of consumers with mental illness . [or mental retardation and consumers with related conditions.]

      Sec. 29. NRS 433.354 is hereby amended to read as follows:

      433.354  For the purposes of this chapter and chapters [433 to 436, inclusive,] 433A, 433B and 436 of NRS, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the Division will render services, the payment for which will be reimbursed directly to the Division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.

      Sec. 30. NRS 433.364 is hereby amended to read as follows:

      433.364  Nothing in this [title] chapter and chapters 433A, 433B and 436 of NRS precludes the involuntary court-ordered admission of a person with mental illness to a private institution where such admission is authorized by law.

      Sec. 30.5. NRS 433.384 is hereby amended to read as follows:

      433.384  Money to carry out the provisions of [chapters 433 to] this chapter and chapters 433A, 433B and 436 [, inclusive,] of NRS must be provided by legislative appropriation from the State General Fund, and paid out on claims as other claims against the State are paid. All claims relating to a division facility individually must be approved by the administrative officer of such facility before they are paid.

 


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relating to a division facility individually must be approved by the administrative officer of such facility before they are paid.

      Sec. 31. NRS 433.394 is hereby amended to read as follows:

      433.394  For the purposes of this [title,] chapter and chapters 433A, 433B and 436 of NRS, the Department may accept:

      1.  Moneys appropriated and made available by any act of the Congress of the United States;

      2.  Moneys and contributions made available by a county, a city, a public district or any political subdivision of this state; and

      3.  Moneys and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.

      Sec. 32. NRS 433.395 is hereby amended to read as follows:

      433.395  1.  Upon approval of the Director of the Department, the Administrator may accept:

      (a) Donations of money and gifts of real or personal property; and

      (b) Grants of money from the Federal Government,

Ê for use in public or private programs that provide services to persons in this State with mental illness . [or mental retardation and persons with related conditions.]

      2.  The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with mental illness [or mental retardation and persons with related conditions] in a manner that supports the plan to coordinate services created by the Commission pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the Administrator shall make disbursements to programs that will maximize the benefit provided to persons with mental illness [or mental retardation and persons with related conditions] in consideration of the nature and value of the donation, gift or grant.

      3.  Within limits of legislative appropriations or other available money, the Administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.

      Sec. 33. NRS 433.404 is hereby amended to read as follows:

      433.404  1.  The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of this chapter and chapters [433 to 436, inclusive,] 433A, 433B and 436 of NRS. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement . [and in NRS 435.120 for fees collected for services to consumers with mental retardation and related conditions.]

      2.  For a facility providing services for the treatment of persons with mental illness , [or mental retardation and persons with related conditions,] the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.

      Sec. 34. NRS 433.424 is hereby amended to read as follows:

      433.424  A mental health [and mental retardation] center revolving account up to the amount of $5,000 is hereby created for each division mental health [and mental retardation] center, and may be used for the payment of mental health [or mental retardation] center bills requiring immediate payment and for no other purposes.

 


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payment of mental health [or mental retardation] center bills requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective mental health [or mental retardation] centers on claims as other claims against the State are paid.

      Sec. 35. NRS 433.434 is hereby amended to read as follows:

      433.434  For purposes of this [title,] chapter and chapters 433A, 433B and 436 of NRS, the residence of a person is:

      1.  The domicile of such person;

      2.  If the domicile of the person cannot be ascertained, the place where the person was last employed; or

      3.  If the domicile of the person cannot be ascertained and he or she is not or was not employed, the place where the person made his or her home or headquarters.

      Sec. 36. NRS 433.444 is hereby amended to read as follows:

      433.444  1.  For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements, consistent with the provisions of this [title,] chapter and chapters 433A, 433B and 436 of NRS, with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to a mental health [or mental retardation] facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of this [title] chapter and chapters 433A, 433B and 436 of NRS governing admissions to a division facility.

      2.  The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.

      Sec. 37. NRS 433.458 is hereby amended to read as follows:

      433.458  “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health [or mental retardation and related conditions] and that is operated by any public or private entity.

      Sec. 38. NRS 433.464 is hereby amended to read as follows:

      433.464  [This title does] The provisions of this chapter and chapters 433A, 433B and 436 of NRS do not limit the right of any person detained hereunder to a writ of habeas corpus upon a proper application made at any time by such person or any other person on his or her behalf.

      Sec. 39. NRS 433.494 is hereby amended to read as follows:

      433.494  1.  An individualized written plan of mental health [or mental retardation] services [or plan of services for a related condition] must be developed for each consumer of each facility. The plan must:

      (a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and

      (b) Be developed with the input and participation of:

             (1) The consumer, to the extent that he or she is able to provide input and participate; and

 


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             (2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated mentally incompetent.

      2.  The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.

      3.  The person in charge of implementing the plan of services must be designated in the plan.

      Sec. 39.2. NRS 433.5493 is hereby amended to read as follows:

      433.5493  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a consumer only if:

      (a) An emergency exists that necessitates the use of physical restraint;

      (b) The physical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage; and

      (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

      2.  Physical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the physical restraint is used to:

      (a) Assist the consumer in completing a task or response if the consumer does not resist the application of physical restraint or if the consumer’s resistance is minimal in intensity and duration;

      (b) Escort or carry a consumer to safety if the consumer is in danger in his or her present location; or

      (c) Conduct medical examinations or treatments on the consumer that are necessary.

      3.  If physical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 [,] or section 58.47 of this act, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      Sec. 39.4. NRS 433.5496 is hereby amended to read as follows:

      433.5496  1.  Except as otherwise provided in subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a consumer only if:

      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint is obtained from the consumer’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

      (c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the consumer not later than 1 working day immediately after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

 


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      (e) The consumer is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint;

      (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the consumer will stop or control his or her inappropriate behavior without the use of the restraint;

      (g) The record of the consumer contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the consumer and the response of the member of the staff of the facility who applied the mechanical restraint;

      (h) A member of the staff of the facility continuously monitors the consumer during the time that mechanical restraint is used on the consumer; and

      (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage.

      2.  Mechanical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of a consumer;

      (b) Protect a consumer who is known to be at risk of injury to himself or herself because the consumer lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a consumer; or

      (d) Position a consumer who has physical disabilities in a manner prescribed in the consumer’s plan of services.

      3.  If mechanical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 [,] or section 58.47 of this act, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      4.  The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of NRS 433.5499.

      Sec. 39.6. NRS 433.5499 is hereby amended to read as follows:

      433.5499  1.  Except as otherwise provided in subsection 3, mechanical restraint may be used on a person with a disability who is a consumer of a forensic facility only if:

      (a) An emergency exists that necessitates the use of the mechanical restraint;

      (b) The consumer’s behavior presents an imminent threat of causing physical injury to himself or herself or to others or causing severe property damage and less restrictive measures have failed to modify the consumer’s behavior;

      (c) The consumer is in the care of the facility but not on the premises of the facility and mechanical restraint is necessary to ensure security; or

      (d) The consumer is in the process of being transported to another location and mechanical restraint is necessary to ensure security.

      2.  If mechanical restraint is used pursuant to subsection 1, the forensic facility shall ensure that:

 


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      (a) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

      (b) A member of the staff of the facility continuously monitors the consumer during the time that mechanical restraint is used on the consumer;

      (c) The record of the consumer contains a notation that indicates the time period during which the restraint was used and the circumstances warranting the restraint; and

      (d) The mechanical restraint is used only for the period that is necessary.

      3.  Mechanical restraint may be used on a person with a disability who is a consumer of a forensic facility, and the provisions of subsections 1 and 2 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of a consumer;

      (b) Protect a consumer who is known to be at risk of injury to himself or herself because the consumer lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a consumer; or

      (d) Position a consumer who has physical disabilities in a manner prescribed in the consumer’s plan of services.

      4.  If mechanical restraint is used in an emergency on a person with a disability who is a consumer of a forensic facility, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 [,] or section 58.47 of this act, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      5.  As used in this section, “forensic facility” means a secure facility of the Division for offenders and defendants with a mental disorder who are ordered to the facility pursuant to chapter 178 of NRS.

      Sec. 39.8. NRS 433.5503 is hereby amended to read as follows:

      433.5503  1.  Chemical restraint may only be used on a person with a disability who is a consumer if:

      (a) The consumer has been diagnosed as mentally ill, as defined in NRS 433A.115, and is receiving mental health services from a facility;

      (b) The chemical restraint is administered to the consumer while he or she is under the care of the facility;

      (c) An emergency exists that necessitates the use of chemical restraint;

      (d) A medical order authorizing the use of chemical restraint is obtained from the consumer’s attending physician or psychiatrist;

      (e) The physician or psychiatrist who signed the order required pursuant to paragraph (d) examines the consumer not later than 1 working day immediately after the administration of the chemical restraint; and

      (f) The chemical restraint is administered by a person licensed to administer medication.

      2.  If chemical restraint is used on a person with a disability who is a consumer, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 [,] or section 58.47 of this act, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      Sec. 40. NRS 433A.010 is hereby amended to read as follows:

      433A.010  The provisions of this chapter apply to all mental health centers of the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department and of the Division of Child and Family Services of the Department.

 


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Child and Family Services of the Department. Such provisions apply to private institutions and facilities offering mental health services only when specified in the context.

      Sec. 41. NRS 433A.012 is hereby amended to read as follows:

      433A.012  “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate facilities for mental health [or mental retardation] designated by the Administrator.

      Sec. 42. NRS 433A.015 is hereby amended to read as follows:

      433A.015  “Division” means:

      1.  Except as otherwise provided in subsection 2, the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department.

      2.  Regarding the provision of services for the mental health of children pursuant to chapter 433B of NRS, the Division of Child and Family Services of the Department.

      Sec. 43. NRS 433A.017 is hereby amended to read as follows:

      433A.017  “Medical director” means the [chief] medical officer in charge of any program of the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department.

      Sec. 44. NRS 433A.020 is hereby amended to read as follows:

      433A.020  The administrative officer of a facility of the Division must:

      1.  Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, [education] public health or administration.

      2.  Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of persons with mental illness . [or mental retardation and persons with related conditions.

      3.  Have additional qualifications which are in accordance with criteria prescribed by the Division of Human Resource Management of the Department of Administration.]

      Sec. 45. NRS 433A.030 is hereby amended to read as follows:

      433A.030  The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator:

      1.  To exercise general supervision of and establish regulations for the government of the facilities designated by the Administrator;

      2.  To be responsible for and supervise the fiscal affairs and responsibilities of the facilities designated by the Administrator;

      3.  To appoint such medical, technical, clerical and operational staff as the execution of his or her duties, the care and treatment of consumers and the maintenance and operation of the facilities designated by the Administrator may require;

      4.  To make reports to the Administrator, and to supply the Administrator with material on which to base proposed legislation;

      5.  To keep complete and accurate records of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office;

      6.  To inform the public in regard to the activities and operation of the facilities;

 


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      7.  To invoke any legal, equitable or special procedures for the enforcement of his or her orders or the enforcement of the provisions of this [title] chapter and chapters 433, 433B and 436 of NRS and other statutes governing the facilities;

      8.  To submit an annual report to the Administrator on the condition, operation, functioning and anticipated needs of the facilities; and

      9.  To assume responsibility for the nonmedical care and treatment of consumers if that responsibility has not been delegated.

      Sec. 46. NRS 433B.130 is hereby amended to read as follows:

      433B.130  1.  The Administrator shall:

      (a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.

      (b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 432B.197 and NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant thereto.

      2.  The Administrator may:

      (a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.

      (b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

      3.  If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.

      4.  The Administrator may accept children referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

      5.  The Administrator may enter into agreements with the Administrator of the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department or with the Administrator of the Aging and Disability Services Division of the Department for the care and treatment of consumers of the Division of Child and Family Services at any facility operated by the Division of [Mental Health and Developmental Services.] Public and Behavioral Health or the Aging and Disability Services Division, as applicable.

      Sec. 46.5. NRS 433B.150 is hereby amended to read as follows:

      433B.150  1.  The Division shall employ such physicians within the various division facilities as are necessary for the operation of the facilities. The physicians must hold degrees of doctor of medicine or doctor of osteopathic medicine from accredited medical schools and be licensed to practice medicine or osteopathic medicine in Nevada.

      2.  Except as otherwise provided by law, the only compensation allowed such a physician is an annual salary, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.

      3.  The physicians shall perform such duties pertaining to the care and treatment of consumers as may be required.

      Sec. 47. NRS 433B.190 is hereby amended to read as follows:

      433B.190  1.  The Division shall adopt regulations to:

      (a) Provide for a more detailed definition of abuse of a consumer, consistent with the general definition given in NRS 433B.340;

 


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      (b) Provide for a more detailed definition of neglect of a consumer, consistent with the general definition given in NRS 433B.340; and

      (c) Establish policies and procedures for reporting the abuse or neglect of a consumer.

      2.  The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department pursuant to NRS 433.331 [.] and the Division of Aging and Disability Services of the Department pursuant to section 54.2 of this act.

      Sec. 48. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 49 to 59.7, inclusive, of this act.

      Sec. 49. 1.  The division facilities providing services for persons with intellectual disabilities and persons with related conditions are designated as:

      (a) Desert Regional Center;

      (b) Sierra Regional Center; and

      (c) Rural Regional Center.

      2.  Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.

      Sec. 49.2. The provisions of this chapter pertaining to division facilities must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the Administrator.

      Sec. 49.4. Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his or her respective profession.

      Sec. 49.6. The Administrator shall not employ any psychiatrist, psychologist, social worker or registered nurse who holds a master’s degree in the field of psychiatric nursing who is unable to demonstrate proficiency in the oral and written expression of the English language.

      Sec. 49.8. 1.  The Division shall carry out a vocational and educational program for the certification of intellectual disability technicians, including forensic technicians employed by the Division, or other employees of the Division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the Nevada System of Higher Education.

      2.  An intellectual disability technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize an intellectual disability technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

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

      4.  As used in this section, “intellectual disability technician” means an employee of the Division who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with intellectual disabilities and persons with related conditions, and who has direct responsibility for:

 


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carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with intellectual disabilities and persons with related conditions, and who has direct responsibility for:

      (a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

      (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.

      Sec. 50. 1.  The Division shall adopt regulations:

      (a) For the care and treatment of persons with intellectual disabilities and persons with related conditions by all state agencies and facilities, and their referral to private facilities;

      (b) To ensure continuity in the care and treatment provided to persons with intellectual disabilities and persons with related conditions in this State; and

      (c) Necessary for the proper and efficient operation of the facilities of the Division.

      2.  The Division may adopt regulations to promote programs relating to intellectual disabilities and related conditions.

      Sec. 51. The Division or its designated agent may inspect any division facility providing services for persons with intellectual disabilities and persons with related conditions to determine if the facility is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.

      Sec. 52. The Division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of persons with intellectual disabilities and persons with related conditions.

      Sec. 53. The Division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for persons with intellectual disabilities and persons with related conditions when it appears that they can be treated best in that manner.

      Sec. 54. The Division may adopt regulations:

      1.  To define the term “consumer” for the purposes of this chapter.

      2.  To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to this chapter, including, but not limited to, care, treatment and training. Regulations adopted pursuant to this subsection must specify that a consumer is eligible to receive services only if the consumer:

      (a) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

      (b) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

 


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      3.  To specify the circumstances under which the provisions of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

      4.  To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.

      Sec. 54.2. The Division shall adopt regulations to:

      1.  Provide for a more detailed definition of abuse of a consumer of the Division, consistent with the general definition given in section 58.75 of this act;

      2.  Provide for a more detailed definition of neglect of a consumer of the Division, consistent with the general definition given in section 58.75 of this act; and

      3.  Establish policies and procedures for reporting the abuse or neglect of a consumer of the Division.

      Sec. 54.3. 1.  If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. § 290dd, 290dd-1 or 290dd-2 or NRS 439.538 or 439.591, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section, “medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      Sec. 54.4. For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the Division will render services, the payment for which will be reimbursed directly to the Division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.

      Sec. 54.5. Nothing in this chapter precludes the involuntary court-ordered admission of a person with an intellectual disability or person with a related condition to a private institution where such admission is authorized by law.

      Sec. 54.6. The State is not responsible for payment of the costs of care and treatment of persons admitted to a facility not operated by the Division except where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for such purpose.

      Sec. 54.7. Money to carry out the provisions of this chapter must be provided by legislative appropriation from the State General Fund, and paid out on claims as other claims against the State are paid. All claims relating to a division facility individually must be approved by the administrative officer of such facility before they are paid.

 


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relating to a division facility individually must be approved by the administrative officer of such facility before they are paid.

      Sec. 55. For the purposes of this chapter, the Department may accept:

      1.  Money appropriated and made available by any act of the Congress of the United States;

      2.  Money and contributions made available by a county, a city, a public district or any political subdivision of this State; and

      3.  Money and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.

      Sec. 55.2. 1.  Upon approval of the Director of the Department, the Administrator may accept:

      (a) Donations of money and gifts of real or personal property; and

      (b) Grants of money from the Federal Government,

Ê for use in public or private programs that provide services to persons in this State with intellectual disabilities and persons with related conditions.

      2.  The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with intellectual disabilities and persons with related conditions in a manner that supports the plan to coordinate services created by the Commission on Behavioral Health pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the Administrator shall make disbursements to programs that will maximize the benefit provided to persons with intellectual disabilities and persons with related conditions in consideration of the nature and value of the donation, gift or grant.

      3.  Within limits of legislative appropriations or other available money, the Administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.

      Sec. 55.4. 1.  The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of this chapter. The schedule must be submitted to the Commission on Behavioral Health and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in section 54.4 of this act for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to consumers with intellectual disabilities and related conditions.

      2.  For a facility providing services for the treatment of persons with intellectual disabilities and persons with related conditions, the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.

      Sec. 55.6. 1.  Physicians and other professional staff employed within any division facility shall receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform such services.

      2.  If such evaluation or testimony is provided while the physician or other professional person is acting as an employee of a division facility, the fee shall be received by the division facility at which he or she is employed.

 


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      Sec. 55.8. An intellectual disability center revolving account up to the amount of $5,000 is hereby created for each division intellectual disability center, and may be used for the payment of intellectual disability center bills requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective intellectual disability centers on claims as other claims against the State are paid.

      Sec. 56. For the purposes of this chapter, the residence of a person is:

      1.  The domicile of such person;

      2.  If the domicile of the person cannot be ascertained, the place where the person was last employed; or

      3.  If the domicile of the person cannot be ascertained and he or she is not or was not employed, the place where the person made his or her home or headquarters.

      Sec. 57. 1.  For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements, consistent with the provisions of this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to an intellectual disability facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this State when such permission is conformable to the provisions of this chapter governing admissions to a division facility.

      2.  The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this State has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.

      Sec. 57.1. 1.  All expenses incurred for the purpose of returning a consumer to the state in which the consumer has a legal residence shall be paid from the moneys of the consumer or by the relatives or other persons responsible for the consumer’s care and treatment under his or her commitment or admission.

      2.  In the case of indigent consumers whose relatives cannot pay the costs and expenses of returning such consumers to the state in which they have residence, the costs may be assumed by the State. These costs must be advanced from moneys appropriated for the general support of the division facility wherein the consumer was receiving care, treatment or training, if such consumer was committed to a division facility at the time of the transfer, and must be paid out on claims as other claims against the State are paid.

      Sec. 57.2. The Administrator shall:

      1.  Comply with any agreements made by the Administrator pursuant to section 57 of this act; and

      2.  Accept for admission to a division facility any resident child of this State for whom written permission for return and admission to a division facility was given by the Administrator pursuant to section 57 of this act.

 


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      Sec. 57.4. As used in sections 57.4 to 58.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 57.6, 57.7 and 57.8 of this act have the meanings ascribed to them in those sections.

      Sec. 57.6. “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to intellectual disabilities and related conditions and that is operated by any public or private entity.

      Sec. 57.7. “Facility” means any:

      1.  Unit or subunit operated by the Division for the care, treatment and training of consumers.

      2.  Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumers.

      Sec. 57.8. “Rights” includes, without limitation, all rights provided to a consumer pursuant to sections 57.4 to 58.5, inclusive, of this act, and any regulations adopted pursuant thereto.

      Sec. 58.  This chapter does not limit the right of any person detained hereunder to a writ of habeas corpus upon a proper application made at any time by such person or any other person on his or her behalf.

      Sec. 58.1. 1.  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      (a) The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the consumer or for any other financial purpose.

      (b) The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a consumer from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.

      2.  As used in this section, “improper conduct” means a violation of the rules, policies or procedures of the facility.

      Sec. 58.13. 1.  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning involuntary commitment to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      (a) To request and receive a second evaluation by a psychiatrist or psychologist who does not have a contractual relationship with or financial interest in the facility. The evaluation must:

             (1) Include, without limitation, a recommendation of whether the consumer should be involuntarily committed to the facility; and

             (2) Be paid for by the consumer if the insurance carrier of the consumer refuses to pay for the evaluation.

      (b) To receive a copy of the procedure of the facility regarding involuntary commitment and treatment.

      (c) To receive a list of the consumer’s rights concerning involuntary commitment or treatment.

 


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      2.  If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflict in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the consumer to resolve the conflicting portions of the previous evaluations.

      Sec. 58.17. Each consumer admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To wear the consumer’s own clothing, to keep and use his or her own personal possessions, including toilet articles, unless those articles may be used to endanger the consumer’s life or others’ lives, and to keep and be allowed to spend a reasonable sum of the consumer’s own money for expenses and small purchases.

      2.  To have access to individual space for storage for his or her private use.

      3.  To see visitors each day.

      4.  To have reasonable access to telephones, both to make and receive confidential calls.

      5.  To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:

      (a) For the purposes of this subsection, packages are not considered as correspondence; and

      (b) Correspondence identified as containing a check payable to a consumer may be subject to control and safekeeping by the administrative officer of that facility or the administrative officer’s designee, so long as the consumer’s record of treatment documents the action.

      6.  To have reasonable access to an interpreter if the consumer does not speak English or is hearing impaired.

      7.  To designate a person who must be kept informed by the facility of the consumer’s medical and mental condition, if the consumer signs a release allowing the facility to provide such information to the person.

      8.  Except as otherwise provided in NRS 439.538, to have access to the consumer’s medical records denied to any person other than:

      (a) A member of the staff of the facility or related medical personnel, as appropriate;

      (b) A person who obtains a waiver by the consumer of his or her right to keep the medical records confidential; or

      (c) A person who obtains a court order authorizing the access.

      9.  Other personal rights as specified by regulation of the Division.

      Sec. 58.2. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

 


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      (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

             (1) The consumer if he or she is 18 years of age or over or legally emancipated and competent to give that consent, and from the consumer’s legal guardian, if any;

             (2) The parent or guardian of a consumer under 18 years of age and not legally emancipated; or

             (3) The legal guardian of a consumer of any age who has been adjudicated mentally incompetent;

      (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

             (1) The nature and consequences of the procedure;

             (2) The reasonable risks, benefits and purposes of the procedure; and

             (3) Alternative procedures available;

      (c) The consent of a consumer as provided in paragraph (b) may be withdrawn by the consumer in writing at any time with or without cause;

      (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any consumer who has been injured in an accident or who is suffering from an acute illness, disease or condition if, within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the consumer and if the treatment is immediately entered into the consumer’s record of treatment, subject to the provisions of paragraph (e); and

      (e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

      2.  To be free from abuse, neglect and aversive intervention.

      3.  To consent to the consumer’s transfer from one facility to another, except that the Administrator of the Division or the Administrator’s designee, or the Administrator of the Division of Child and Family Services of the Department or the Administrator’s designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the consumer in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the consumer’s record of treatment and immediately forward a notice of the objection to the Administrator who ordered the transfer, and the Commission on Behavioral Health shall review the transfer pursuant to subsection 3 of section 58.47 of this act.

      4.  Other rights concerning care, treatment and training as may be specified by regulation.

      Sec. 58.23. 1.  An individualized written plan of intellectual disability services or plan of services for a related condition must be developed for each consumer of each facility. The plan must:

      (a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and

      (b) Be developed with the input and participation of:

 


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             (1) The consumer, to the extent that he or she is able to provide input and participate; and

             (2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated mentally incompetent.

      2.  The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.

      3.  The person in charge of implementing the plan of services must be designated in the plan.

      Sec. 58.27. 1.  Each facility shall make all of its decisions, policies, procedures and practices regarding emergency admissions or involuntary court-ordered admissions based upon clinical efficiency rather than cost containment.

      2.  This section does not preclude a public facility from making decisions, policies, procedures and practices within the limits of the money made available to the facility.

      Sec. 58.3. 1.  A consumer or the consumer’s legal guardian must be:

      (a) Permitted to inspect the consumer’s records; and

      (b) Informed of the consumer’s clinical status and progress at reasonable intervals of no longer than 3 months in a manner appropriate to his or her clinical condition.

      2.  Unless a psychiatrist has made a specific entry to the contrary in a consumer’s records, a consumer or the consumer’s legal guardian is entitled to obtain a copy of the consumer’s records at any time upon notice to the administrative officer of the facility and payment of the cost of reproducing the records.

      Sec. 58.33. 1.  The attending psychiatrist or physician is responsible for all medication given or administered to a consumer.

      2.  Each administrative officer shall establish a policy for the review of the administration, storage and handling of medications by nurses and nonprofessional personnel.

      Sec. 58.37. 1.  A consumer may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:

      (a) The consumer voluntarily agrees to perform the labor;

      (b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the consumer;

      (c) The person responsible for the consumer’s treatment agrees to the plan of labor; and

      (d) The amount of time or effort necessary to perform the labor is not excessive.

Ê In no event may discharge or privileges be conditioned upon the performance of such labor.

      2.  A consumer who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.

 


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      3.  A consumer who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from the consumer’s labor.

      4.  The administrative officer of the facility may provide for compensation of a resident when the resident performs labor not governed by subsection 2 or 3.

      5.  This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.

      6.  One-half of any compensation paid to a consumer pursuant to this section is exempt from collection or retention as payment for services rendered by the Division or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.

      Sec. 58.4. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning the suspension or violation of his or her rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To receive a list of the consumer’s rights.

      2.  To receive a copy of the policy of the facility that sets forth the clinical or medical circumstances under which the consumer’s rights may be suspended or violated.

      3.  To receive a list of the clinically appropriate options available to the consumer or the consumer’s family to remedy an actual or a suspected suspension or violation of his or her rights.

      4.  To have all policies of the facility regarding the rights of consumers prominently posted in the facility.

      Sec. 58.43. Each facility shall, within a reasonable time after a consumer is admitted to the facility for evaluation, treatment or training, ask the consumer to sign a document that reflects that the consumer has received a list of the consumer’s rights and has had those rights explained to him or her.

      Sec. 58.47. 1.  The rights of a consumer enumerated in this chapter must not be denied except to protect the consumer’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the consumer’s record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

      2.  If the administrative officer of a facility receives notice of a denial of rights as provided in subsection 1, the officer shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. Except as otherwise provided in NRS 239.0115, such a report is confidential and must not be disclosed. A copy of the report must be sent to the Commission on Behavioral Health.

      3.  The Commission on Behavioral Health:

      (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;

      (b) May act to resolve disputes relating to apparent violations;

 


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      (c) May act on behalf of consumers to obtain remedies for any apparent violations; and

      (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

      4.  Pursuant to NRS 241.030, the Commission on Behavioral Health may close any portion of a meeting in which it considers the character, alleged misconduct or professional competence of a person in relation to:

      (a) The denial of the rights of a consumer; or

      (b) The care and treatment of a consumer.

Ê The provisions of this subsection do not require a meeting of the Commission on Behavioral Health to be closed to the public.

      Sec. 58.5. An officer, director or employee of a facility shall not retaliate against any person for having:

      1.  Reported any violation of law; or

      2.  Provided information regarding a violation of law,

Ê by the facility or a staff member of the facility.

      Sec. 58.57. 1.  There may be maintained as a trust fund at each division facility a consumers’ personal deposit fund.

      2.  Money coming into the possession of the administrative officer of a division facility which belongs to a consumer must be credited in the fund in the name of that consumer.

      3.  When practicable, individual credits in the fund must not exceed the sum of $300.

      4.  Any amounts to the credit of a consumer may be used for purchasing personal necessities, for expenses of burial or may be turned over to the consumer upon the consumer’s demand, except that when the consumer is adjudicated mentally incompetent the guardian of the consumer’s estate has the right to demand and receive the money.

      5.  An amount accepted for the benefit of a consumer for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the consumer.

      6.  Except as otherwise provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with one or more banks or credit unions of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any credit union or savings and loan association within this state that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.

      7.  The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the consumers’ personal deposit fund to enable consumers to withdraw small sums from their accounts.

      Sec. 58.6. Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent’s legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent.

 


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custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedent’s representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:

      1.  All documents must be filed by the administrative officer with the public administrator of the county from which the consumer was admitted.

      2.  All other personal property must be sold at a public auction or by sealed bids. The proceeds of the sale must be applied to the decedent’s unpaid balance for costs incurred at the division facility.

      Sec. 58.63. If a person admitted to a division facility is discharged or leaves and the person fails to recover personal property worth more than $100 in the custody of the administrative officer of the facility, the administrative officer shall notify the former consumer or the consumer’s legal representative in writing that personal property remains in the custody of the facility. The property must be held in safekeeping for the consumer for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the administrative officer by the person or the person’s legal representative, another notice must be sent to the person or the person’s legal representative, stating that personal property remains in the custody of the facility, and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, the property may be considered unclaimed property and be disposed of in the manner provided for unclaimed property of deceased persons under the provisions of section 58.6 of this act.

      Sec. 58.67. If, upon the death or release of a person admitted to a division facility, the value of unclaimed personal property in the possession of the administrative officer of the facility is so minimal that it cannot be sold at public auction or by sealed bid and if the property, either in its present condition or in an improved condition, cannot be used by the division facility, the administrative officer may order the personal property destroyed.

      Sec. 58.7. 1.  Upon the death of a consumer, any known relatives or friends of the consumer shall be notified immediately of the fact of death.

      2.  The Administrator or the Administrator’s designee shall cause a decent burial to be provided for the consumer outside division facility grounds. The Administrator or the designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as the Administrator or the designee deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial must be borne by the relatives. Where there are no known relatives, the cost of burial must be a charge against the State of Nevada, but the cost thereof must not exceed the amount charged for the burial of indigents in the county in which the burial takes place.

      3.  When a consumer has income from a pension payable through a division facility, and has no guardian, the Division may obligate operating funds for funeral expenses in the amount due under the pension benefits.

 


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      Sec. 58.75. 1.  An employee of a public or private facility offering services for persons with intellectual disabilities and persons with related conditions or any other person, except a consumer, who:

      (a) Has reason to believe that a consumer of the Division or of a private facility offering services for consumers with intellectual disabilities and consumers with related conditions has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

      (c) Is under the influence of liquor or a controlled substance while employed in contact with consumers, unless in accordance with a lawfully issued prescription;

      (d) Enters into any transaction with a consumer involving the transfer of money or property for personal use or gain at the expense of the consumer; or

      (e) Contrives the escape, elopement or absence of a consumer,

Ê is guilty of a misdemeanor, in addition to any other penalties provided by law.

      2.  In addition to any other penalties provided by law, an employee of a public or private facility offering services for persons with intellectual disabilities and persons with related conditions or any other person, except a consumer, who willfully abuses or neglects a consumer:

      (a) For a first violation that does not result in substantial bodily harm to the consumer, is guilty of a gross misdemeanor.

      (b) For a first violation that results in substantial bodily harm to the consumer, is guilty of a category B felony.

      (c) For a second or subsequent violation, is guilty of a category B felony.

Ê A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if the person is an officer or employee of the State, the person forfeits his or her office or position.

      4.  A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.

      5.  For the purposes of this section:

      (a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a consumer, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the consumer;

             (2) The use of any type of aversive intervention;

             (3) Except as otherwise provided in NRS 433.5486, a violation of NRS 433.549; and

             (4) The use of physical, chemical or mechanical restraints or the use of seclusion in violation of federal law.

 


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Ê Any act which meets the standard of practice for care and treatment does not constitute abuse.

      (b) “Consumer” includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a public or private institution or facility offering services for persons with intellectual disabilities and persons with related conditions.

      (c) “Neglect” means any omission to act which causes injury to a consumer or which places the consumer at risk of injury, including, but not limited to, the failure to follow:

             (1) An appropriate plan of treatment to which the consumer has consented; and

             (2) The policies of the facility for the care and treatment of consumers.

Ê Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

      (d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

      Sec. 58.8. 1.  Any person who, on the grounds of a division facility, sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person lawfully confined in the division facility is guilty of a gross misdemeanor.

      2.  This section does not apply to any physician prescribing or furnishing liquor to the person when the liquor is prescribed or furnished for medicinal purposes only.

      Sec. 58.85. 1.  A public or private facility offering services for persons with intellectual disabilities and persons with related conditions may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if:

      (a) The drug is not a controlled substance;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A dispensing pharmacy to which a drug is returned pursuant to this section may:

      (a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5; or

      (b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

 


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      4.  A facility offering services for persons with intellectual disabilities and persons with related conditions shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the State Board of Pharmacy.

      (c) Be approved by the State Board of Pharmacy.

      5.  The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for:

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and NRS 639.2676.

      (c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.

      Sec. 58.9. The administrative officer of a facility of the Division must:

      1.  Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, education or administration.

      2.  Be appointed on the basis of merit as measured by administrative training or experience in programs relating to intellectual disabilities, including care and treatment of persons with intellectual disabilities and persons with related conditions.

      Sec. 59. The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator:

      1.  To exercise general supervision of and establish regulations for the government of the facilities designated by the Administrator;

      2.  To be responsible for and supervise the fiscal affairs and responsibilities of the facilities designated by the Administrator;

      3.  To appoint such medical, technical, clerical and operational staff as the execution of his or her duties, the care and treatment of consumers and the maintenance and operation of the facilities designated by the Administrator may require;

      4.  To make reports to the Administrator, and to supply the Administrator with material on which to base proposed legislation;

      5.  To keep complete and accurate records of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office;

      6.  To inform the public in regard to the activities and operation of the facilities;

      7.  To invoke any legal, equitable or special procedures for the enforcement of his or her orders or the enforcement of the provisions of this chapter and other statutes governing the facilities;

      8.  To submit an annual report to the Administrator on the condition, operation, functioning and anticipated needs of the facilities; and

      9.  To assume responsibility for the nonmedical care and treatment of consumers if that responsibility has not been delegated.

 


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      Sec. 59.2. Except as otherwise provided in NRS 284.143, an administrative officer shall devote his or her entire time to the duties of his or her position and shall have no other gainful employment or occupation, but the administrative officer may attend seminars, act as a consultant and give lectures relating to his or her profession and accept appropriate stipends for the seminars, consultations and lectures.

      Sec. 59.3. The medical director of a division facility may order the transfer to a hospital of the Department of Veterans Affairs or other facility of the United States Government any admitted consumer eligible for treatment therein. If the consumer in any manner objects to the transfer, the medical director of the facility shall enter the objection and a written justification of the transfer in the consumer’s record and forward a notice of the objection to the Administrator, and the Commission on Behavioral Health shall review the transfer pursuant to subsections 2 and 3 of section 58.47 of this act.

      Sec. 59.4. 1.  If any person involuntarily court-admitted to any division facility is found by the court not to be a resident of this State and to be a resident of another state, the person may be transferred to the state of his or her residence pursuant to section 57 of this act if an appropriate institution of that state is willing to accept the person.

      2.  The approval of the Administrator must be obtained before any transfer is made pursuant to subsection 1.

      Sec. 59.45. 1.  When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a person with an intellectual disability or person with a related condition who is a minor or the husband or wife of a person with an intellectual disability or person with a related condition, if of sufficient ability, and the estate of the person with an intellectual disability or person with a related condition, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with an intellectual disability or person with a related condition, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:

      (a) To the administrative officer if the person is admitted to a division facility; or

      (b) In all other cases, to the hospital rendering the service.

      2.  If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.

      Sec. 59.5. 1.  The administrative officers of the respective division facilities may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of consumers who are adjudicated to be consumers with mental incompetence for subsistence, care or other expenses of such consumers. Each agreement and bond must be to the State of Nevada and any action to enforce the agreement or bond may be brought by the administrative officer.

      2.  Financially responsible relatives pursuant to section 59.45 of this act and the guardian of the estate of a consumer may, from time to time, pay money to the division facility for the future personal needs of the consumer with mental incompetence and for the consumer’s burial expenses.

 


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consumer with mental incompetence and for the consumer’s burial expenses. Money paid pursuant to this subsection must be credited to the consumer in the consumers’ personal deposit fund established pursuant to section 58.57 of this act.

      Sec. 59.6. 1.  If the consumer, his or her responsible relative pursuant to section 59.45 of this act, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility rendering service pursuant to the fee schedule established under section 55.4 of this act, the State is entitled to recover by appropriate legal action all sums due, plus interest.

      2.  Before initiating such legal action, the division facility shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.

      Sec. 59.7. The expense of diagnostic, medical and surgical services furnished to a consumer admitted to a division facility by a person not on the staff of the facility, whether rendered while the consumer is in a general hospital, an outpatient of a general hospital or treated outside any hospital, must be paid by the consumer, the guardian or relatives responsible pursuant to section 59.45 of this act for the consumer’s care. In the case of an indigent consumer or a consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when, in the opinion of the administrative officer of the division facility to which the consumer is admitted, payment should be made for nonresident indigent consumers and money is authorized pursuant to section 54.6 of this act and the money is authorized in approved budgets.

      Sec. 60. NRS 435.007 is hereby amended to read as follows:

      435.007  As used in this chapter, unless the context otherwise requires:

      1.  “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate intellectual disability centers designated by the Administrator.

      2.  “Administrator” means the Administrator of the Division.

      3.  “Child” means any person under the age of 18 years who may be eligible for [mental retardation] intellectual disabilities services or services for a related condition.

      [2.]4. “Department” means the Department of Health and Human Services.

      5.  “Director of the Department” means the administrative head of the Department.

      6.  “Division” means the Aging and Disability Services Division of the Department.

      7.  “Division facility” means any unit or subunit operated by the Division for the care, treatment and training of consumers.

      8.  “Intellectual disability” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

      9.  “Intellectual disability center” means an organized program for providing appropriate services and treatment to persons with intellectual disabilities and persons with related conditions.

 


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disabilities and persons with related conditions. An intellectual disability center may include facilities for residential treatment and training.

      10.  “Medical director” means the chief medical officer of any program of the Division for persons with intellectual disabilities and persons with other related conditions.

      11.  “Mental illness” has the meaning ascribed to it in NRS 433.164.

      12.  “Parent” means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.

      [3.]13.  “Person” includes a child and any other consumer with mental retardation or a related condition who has attained the age of 18 years.

      [4.]14.  “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      15.  “Persons with related conditions” means persons who have a severe, chronic disability which:

      (a) Is attributable to:

             (1) Cerebral palsy or epilepsy; or

             (2) Any other condition, other than mental illness, found to be closely related to an intellectual disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability and requires treatment or services similar to those required by a person with an intellectual disability;

      (b) Is manifested before the person affected attains the age of 22 years;

      (c) Is likely to continue indefinitely; and

      (d) Results in substantial functional limitations in three or more of the following areas of major life activity:

             (1) Taking care of oneself;

             (2) Understanding and use of language;

             (3) Learning;

             (4) Mobility;

             (5) Self-direction; and

             (6) Capacity for independent living.

      16. “Residential facility for groups” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.

      17.  “Training” means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities and persons with related conditions through the process of providing those experiences that will enable the person to:

      (a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;

      (b) Live in an environment that is conducive to personal dignity; and

      (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.

      18.  “Treatment” means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.

      Sec. 60.3. NRS 435.081 is hereby amended to read as follows:

      435.081  1.  The Administrator or the Administrator’s designee may receive a person with [mental retardation] an intellectual disability or a person with a related condition of this State for services in a facility operated by the Division if:

 


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      (a) The person is a person with [mental retardation as defined in NRS 433.174] an intellectual disability or is a person with a related condition and is in need of institutional training and treatment;

      (b) Space is available which is designed and equipped to provide appropriate care for the person;

      (c) The facility has or can provide an appropriate program of training and treatment for the person; and

      (d) There is written evidence that no less restrictive alternative is available in the person’s community.

      2.  A person with [mental retardation] an intellectual disability or a person with a related condition may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.

      3.  A court may order that a person with [mental retardation] an intellectual disability or a person with a related condition be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period, the Division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      4.  A child may be received, cared for and examined at a division facility for [the mentally retarded] persons with intellectual disabilities or persons with related conditions for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of NRS 62E.280 and subsection 1 of NRS 432B.560. At the end of the 10 days, the Administrator or the Administrator’s designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the Administrator’s report.

      5.  The parent or guardian of a person believed to be a person with [mental retardation] an intellectual disability or a person with a related condition may apply to the administrative officer of a division facility to have the person evaluated by personnel of the Division who are experienced in the diagnosis of [mental retardation] intellectual disabilities and related conditions. The administrative officer may accept the person for evaluation without admission.

      6.  If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      7.  If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself or herself if the person has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the person’s best interests, the administrative officer may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.

 


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      Sec. 60.7. NRS 435.227 is hereby amended to read as follows:

      435.227  Before being issued a certificate by the Division pursuant to NRS 435.225 and annually thereafter as a condition of certification, an organization must:

      1.  Be on file and in good standing with the Secretary of State [as a nonprofit organization] and organized pursuant to title 7 of NRS;

      2.  Submit to the Division an annual audit of the financial statements of the organization that is conducted by an independent certified public accountant; and

      3.  Submit to the Division the most recent federal tax return of the organization, including, without limitation, Form 990, or its successor form, and the Schedule L and Schedule R of such return, or the successor forms of such schedules, which include an itemization of:

      (a) Any transaction during the federal tax year of the organization in which an economic benefit is provided by the organization to a director, officer or board member of the organization, or any other person who has substantial influence over the organization, and in which the value of the economic benefit provided by the organization exceeds the value of the consideration received by the organization;

      (b) Any loans to or from the organization which are received by or from a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person and which remain outstanding at the end of the federal tax year of the organization;

      (c) Any grants or other assistance from the organization during the federal tax year of the organization which benefit a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person;

      (d) Business transactions during the federal tax year of the organization between the organization and a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person which exceed, in the aggregate, $100,000, or a single business transaction that exceeds $10,000; and

      (e) All related party transactions including, without limitation, the receipt of interest, royalties, annuities or rent, the sale or purchase of assets or services, the sharing of facilities, equipment or employees, and the transfer of cash or property.

      Sec. 61. NRS 435.350 is hereby amended to read as follows:

      435.350  1.  Each person with [mental retardation] an intellectual disability and each person with a related condition admitted to a division facility is entitled to all rights enumerated in NRS 433.482, 433.484 and 433.545 to 433.551, inclusive [.] , and sections 58.17 and 58.2 of this act.

      2.  The Administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of persons with [mental retardation] an intellectual disability and persons with related conditions. The person designated shall file the regulations with the Administrator.

      3.  Consumers’ rights specified in NRS 433.482 and 433.484 and sections 58.17 and 58.2 of this act may be denied only for cause. Any denial of such rights must be entered in the consumer’s treatment record, and notice of the denial must be forwarded to the Administrator’s designee or designees as provided in subsection 2.

 


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of the denial must be forwarded to the Administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

      4.  Upon receipt of notice of a denial of rights as provided in subsection 3, the Administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the Administrator and the Commission [.] on Behavioral Health.

      5.  The Commission on Behavioral Health has such powers and duties with respect to reports of denial of rights as are enumerated for the Commission on Behavioral Health in subsection 3 of [NRS 433.534.] section 58.47 of this act.

      Sec. 61.5. NRS 436.123 is hereby amended to read as follows:

      436.123  The [Division] Department is designated as the official state agency responsible for developing and administering preventive and outpatient mental health services . [, subject to administrative supervision by the Director of the Department. It] The Department shall function in the following areas:

      1.  Assisting and consulting with local health authorities in providing community mental health services, which services may include prevention, rehabilitation, case finding, diagnosis and treatment of persons with mental illness, and consultation and education for groups and individuals regarding mental health.

      2.  Coordinating mental health functions with other state agencies.

      3.  Participating in and promoting the development of facilities for training personnel necessary for implementing such services.

      4.  Collecting and disseminating information pertaining to mental health.

      5.  Performing such other acts as are necessary to promote mental health in the State.

      Sec. 62. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 63, 64 and 65 of this act.

      Sec. 63. The Chief Medical Officer must:

      1.  Be a citizen of the United States;

      2.  Have not less than 5 years’ experience in behavioral health or public health in a managerial or supervisory capacity; and

      3.  Be:

      (a) Licensed in good standing or eligible for a license as a physician or administrative physician in Nevada;

      (b) Licensed in good standing or eligible for a license as a physician or administrative physician in the District of Columbia or in any state or territory of the United States; or

      (c) A physician or administrative physician who has a master’s degree or doctoral degree in public health or a related field.

      Sec. 64. 1.  The Director shall appoint a Chief Medical Officer.

      2.  The Chief Medical Officer is in the unclassified service of the State and serves at the pleasure of the Director.

      Sec. 65. The Chief Medical Officer shall:

      1.  Oversee the operation of facilities and centers established pursuant to title 39 of NRS.

      2.  Direct the work of subordinates and may authorize them to act in his or her place and stead.

 


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      3.  Perform such other duties as the Director may, from time to time, prescribe.

Ê If the Chief Medical Officer is not licensed to practice medicine in this State, he or she shall not, in carrying out the duties of the Chief Medical Officer, engage in the practice of medicine.

      Sec. 66. NRS 439.005 is hereby amended to read as follows:

      439.005  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the Administrator of the [Health] Division.

      2.  “Department” means the Department of Health and Human Services.

      3.  “Director” means the Director of the Department.

      4.  “Division” means the Division of Public and Behavioral Health of the Department.

      5.  “Health authority” means the officers and agents of the [Health] Division or the officers and agents of the local boards of health.

      [5.  “Health Division” means the Health Division of the Department.]

      6.  “Individually identifiable health information” has the meaning ascribed to it in 45 C.F.R. § 160.103.

      Sec. 67. NRS 439.010 is hereby amended to read as follows:

      439.010  Except as otherwise provided in NRS 439.581 to 439.595, inclusive, the provisions of this chapter must be administered by the Administrator and the [Health] Division, subject to administrative supervision by the Director.

      Sec. 68. NRS 439.015 is hereby amended to read as follows:

      439.015  The Department, through the [Health] Division, may accept and direct the disbursement of money appropriated by any Act of Congress and apportioned or allocated to the State of Nevada for health purposes. This federal money must be deposited in the State Treasury for credit to the State [Health] Division of Public and Behavioral Health Federal Account within the State General Fund.

      Sec. 69.  (Deleted by amendment.)

      Sec. 69.5. NRS 439.110 is hereby amended to read as follows:

      439.110  1.  Except as otherwise provided in subsection 2 and NRS 284.143, the [State Health] Chief Medical Officer shall devote his or her full time to the official duties of the [State Health] Chief Medical Officer and shall not engage in any other business or occupation.

      2.  Notwithstanding the provisions of NRS 281.127, the [State Health] Chief Medical Officer may cooperate with the Nevada System of Higher Education in the preparation and teaching of preservice professional workers in public health and in a program providing additional professional preparation for behavioral health workers and public health workers employed by the State of Nevada.

      Sec. 70. NRS 439.130 is hereby amended to read as follows:

      439.130  1.  The [State Health] Chief Medical Officer shall:

      (a) Enforce all laws and regulations pertaining to the public health.

      (b) Investigate causes of disease, epidemics, source of mortality, nuisances affecting the public health, and all other matters related to the health and life of the people, and to this end the [State Health] Chief Medical Officer may enter upon and inspect any public or private property in the State.

      (c) Direct the work of subordinates and may authorize them to act in his or her place and stead.

 


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      (d) Except as otherwise provided in subsection 5 of NRS 439.970, perform the duties prescribed in NRS 439.950 to 439.983, inclusive.

      (e) Perform such other duties as the Director may, from time to time, prescribe.

Ê If the [State Health] Chief Medical Officer is not licensed to practice medicine in this State, he or she shall not, in carrying out the duties of the [State Health] Chief Medical Officer, engage in the practice of medicine.

      2.  The Administrator shall direct the work of the [Health] Division, administer the Division and perform such other duties as the Director may, from time to time, prescribe.

      Sec. 71. NRS 439.150 is hereby amended to read as follows:

      439.150  1.  The State Board of Health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters and as otherwise provided in NRS 439.950 to 439.983, inclusive, relating to the preservation of the health and lives of citizens of this State and over the work of the [State Health] Chief Medical Officer and all district, county and city health departments, boards of health and health officers.

      2.  The Department is hereby designated as the agency of this State to cooperate with the federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health. It may receive and expend all money made available to the [Health] Division by the Federal Government, the State of Nevada or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the Department shall consider, without limitation, the amount of money available from the Federal Government for those programs, the conditions attached to the acceptance of that money and the limitations of legislative appropriations for those programs.

      3.  Except as otherwise provided in NRS 576.128, the State Board of Health may set reasonable fees for the:

      (a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the [Health] Division;

      (b) Programs and services of the [Health] Division;

      (c) Review of plans; and

      (d) Certification and licensing of personnel.

Ê Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the [Health] Division by the Legislature.

      Sec. 72. NRS 439.2794 is hereby amended to read as follows:

      439.2794  1.  The [Health] Division may:

      (a) Enter into contracts for any services necessary to carry out or assist the [Health] Division in carrying out the provisions of NRS 439.271 to 439.2794, inclusive, with public or private entities that have the appropriate expertise to provide such services;

      (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 439.271 to 439.2794, inclusive;

      (c) Apply for any waiver from the Federal Government that may be necessary to maximize the amount of money this State may obtain from the Federal Government to carry out the provisions of NRS 439.271 to 439.2794, inclusive; and

 


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      (d) Adopt regulations as necessary to carry out and administer the Program.

      2.  Any money that is accepted by the [Health] Division pursuant to subsection 1 must be deposited in the State Treasury and accounted for separately in the State General Fund.

      3.  The Administrator shall administer the account created pursuant to subsection 2. Money in the account does not lapse to the State General Fund at the end of the fiscal year. The interest and income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      Sec. 73. NRS 439.340 is hereby amended to read as follows:

      439.340  The county board of health shall be subject to the supervision of the [Health] Division, and shall make such reports to the [Health] Division as the State Board of Health may require.

      Sec. 74. NRS 439.4905 is hereby amended to read as follows:

      439.4905  1.  Unless an exemption is approved pursuant to subsection 3, each county shall pay an assessment to the [Health] Division, in an amount determined by the [Health] Division, for the costs of services provided in that county by the [Health] Division or by the [State Health] Chief Medical Officer, including, without limitation, services provided pursuant to this chapter and chapters 441A, 444, 446 and 583 of NRS and the regulations adopted pursuant to those chapters, regardless of whether the county has a local health authority.

      2.  Each county shall pay the assessment to the [Health] Division in quarterly installments that are due on the first day of the first month of each calendar quarter.

      3.  A county may submit a proposal to the Governor for the county to carry out the services that would otherwise be provided by the [Health] Division or the [State Health] Chief Medical Officer pursuant to this chapter and chapters 441A, 444, 446 and 583 of NRS and the regulations adopted pursuant to those chapters. If the Governor approves the proposal, the Governor shall submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by each county.

      4.  An exemption that is approved by the Interim Finance Committee pursuant to subsection 3 must not become effective until at least 6 months after that approval.

      5.  A county that receives approval pursuant to subsection 3 to carry out the services that would otherwise be provided by the [Health] Division or the [State Health] Chief Medical Officer pursuant to this chapter and chapters 441A, 444, 446 and 583 of NRS and the regulations adopted pursuant to those chapters shall carry out those services in the manner set forth in those chapters and regulations.

      6.  The [Health] Division may adopt such regulations as necessary to carry out the provisions of this section.

 


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      Sec. 75. NRS 439.494 is hereby amended to read as follows:

      439.494  1.  The [Health] Division may:

      (a) Enter into contracts for any service necessary to carry out the provisions of NRS 439.491 to 439.494, inclusive; and

      (b) Apply for and accept gifts, grants, donations and bequests from any source to carry out the provisions of NRS 439.491 to 439.494, inclusive.

      2.  Any money collected pursuant to subsection 1 and any money appropriated to carry out the provisions of NRS 439.491 to 439.494, inclusive:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

      (b) Except as otherwise provided by the terms of a specific gift, grant, donation or bequest, must only be expended to carry out the provisions of NRS 439.491 to 439.494, inclusive.

      3.  The Administrator shall administer the account. Any interest or income earned on the money in the account must be credited to the account.

      4.  Any claims against the account must be paid as other claims against the State are paid.

      Sec. 76. NRS 439.507 is hereby amended to read as follows:

      439.507  1.  The [Health] Division may:

      (a) Within the limitations of available funding, enter into contracts for any services necessary to carry out or assist the [Health] Division in carrying out NRS 439.501 to 439.507, inclusive, with public or private entities that have the appropriate expertise to provide such services;

      (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 439.501 to 439.507, inclusive; and

      (c) Apply for any waiver from the Federal Government that may be necessary to maximize the amount of money this state may obtain from the Federal Government to carry out the provisions of NRS 439.501 to 439.507, inclusive.

      2.  Any money that is appropriated to carry out the provisions of NRS 439.501 to 439.507, inclusive:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

      (b) May only be used to carry out those provisions.

      3.  The Administrator shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      Sec. 77. NRS 439.527 is hereby amended to read as follows:

      439.527  1.  There is hereby created the Committee on Co-Occurring Disorders. The Committee consists of:

      (a) The Administrator , [of the Division of Mental Health and Developmental Services of the Department,] who is an ex officio member of the Committee; and

      (b) Fourteen members appointed by the Governor.

      2.  The Governor shall appoint to the Committee:

      (a) One member who is a psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology;

 


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      (b) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS who is certified as an addictionologist by the American Society of Addiction Medicine;

      (c) One member who is a psychologist licensed to practice in this State;

      (d) One member who is licensed as a marriage and family therapist in this State;

      (e) One member who is licensed as a clinical social worker in this State;

      (f) One member who is a district judge in this State;

      (g) One member who is a representative of the Nevada System of Higher Education;

      (h) One member who is a representative of a state or local criminal justice agency;

      (i) One member who is a representative of a hospital or mental health facility in this State;

      (j) One member who is a member of the Nevada Mental Health Planning Advisory Council;

      (k) One member who is a representative of a program relating to mental health and the treatment of the abuse of alcohol or drugs in this State;

      (l) One member who is a policy analyst in the field of mental health, substance abuse or criminal justice;

      (m) One member who is a representative of persons who have used services relating to mental health, substance abuse or criminal justice in this State; and

      (n) One member who is an immediate family member of a person who has used services relating to mental health, substance abuse or criminal justice in this State.

      3.  The members of the Committee shall elect a Chair and Vice Chair by a majority vote. After the initial election, the Chair and Vice Chair shall hold office for a term of 1 year beginning on October 1 of each year. If a vacancy occurs in the office of the Chair, the members of the Committee shall elect a Chair from among its members for the remainder of the unexpired term.

      4.  After the initial terms, each member of the Committee who is appointed serves for a term of 4 years. A member may be reappointed.

      5.  A vacancy on the Committee must be filled in the same manner as the original appointment.

      6.  Each member of the Committee:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Committee, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      7.  Each member of the Committee who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation to prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Committee to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

      8.  The members of the Committee shall meet at least quarterly and at the times and places specified by a call of the Chair or a majority of the members of the Committee.

 


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      9.  Eight members of the Committee constitute a quorum. The affirmative vote of a majority of the Committee members present is sufficient for any action of the Committee.

      Sec. 78. NRS 439.570 is hereby amended to read as follows:

      439.570  1.  When the health authority deems it necessary, the health authority shall report cases of violation of any of the provisions of this chapter or of provisions of law requiring the immunization of children in public schools, private schools and child care facilities, to the district attorney of the county, with a statement of the facts and circumstances. When any such case is reported to the district attorney by the health authority, the district attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law.

      2.  Upon request of the [Health] Division, the Attorney General shall assist in the enforcement of the provisions of this chapter and provisions of law requiring the immunization of children in public schools, private schools and child care facilities.

      Sec. 79. NRS 439.580 is hereby amended to read as follows:

      439.580  1.  Any local health officer or a deputy of a local health officer who neglects or fails to enforce the provisions of this chapter in his or her jurisdiction, or neglects or refuses to perform any of the duties imposed upon him or her by this chapter or by the instructions and directions of the [Health] Division shall be punished by a fine of not more than $250.

      2.  Each person who violates any of the provisions of this chapter or refuses or neglects to obey any lawful order, rule or regulation of the:

      (a) State Board of Health or violates any rule or regulation approved by the State Board of Health pursuant to NRS 439.350, 439.366, 439.410 and 439.460; or

      (b) Director adopted pursuant to NRS 439.538 or 439.581 to 439.595, inclusive,

Ê is guilty of a misdemeanor.

      Sec. 80. NRS 439.885 is hereby amended to read as follows:

      439.885  1.  If a medical facility:

      (a) Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, or for any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and

      (b) Of its own volition, reports the violation to the Administrator,

Ê such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.

      2.  If a medical facility commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and does not, of its own volition, report the violation to the Administrator, the [Health] Division may, in accordance with the provisions of subsection 3, impose an administrative sanction:

      (a) For failure to report a sentinel event, in an amount not to exceed $100 per day for each day after the date on which the sentinel event was required to be reported pursuant to NRS 439.835;

      (b) For failure to adopt and implement a patient safety plan pursuant to NRS 439.865, in an amount not to exceed $1,000 for each month in which a patient safety plan was not in effect; and

      (c) For failure to establish a patient safety committee or failure of such a committee to meet pursuant to the requirements of NRS 439.875, in an amount not to exceed $2,000 for each violation of that section.

 


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      3.  Before the [Health] Division imposes an administrative sanction pursuant to subsection 2, the [Health] Division shall provide the medical facility with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If a medical facility wants to contest the action, the facility may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the [Health] Division shall hold a hearing in accordance with those regulations.

      4.  An administrative sanction collected pursuant to this section must be accounted for separately and used by the [Health] Division to provide training and education to employees of the [Health] Division, employees of medical facilities and members of the general public regarding issues relating to the provision of quality and safe health care.

      Sec. 80.5. NRS 439.970 is hereby amended to read as follows:

      439.970  1.  Except as otherwise provided in chapter 414 of NRS, if a health authority identifies within its jurisdiction a public health emergency or other health event that is an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health authority shall immediately transmit to the Governor a report of the immediate threat.

      2.  Upon receiving a report pursuant to subsection 1, the Governor shall determine whether a public health emergency or other health event exists that requires a coordinated response for the health and safety of the public. If the Governor determines that a public health emergency or other health event exists that requires such a coordinated response, the Governor shall issue an executive order:

      (a) Stating the nature of the public health emergency or other health event;

      (b) Stating the conditions that have brought about the public health emergency or other health event, including, without limitation, an identification of each health care facility or provider of health care, if any, related to the public health emergency or other health event;

      (c) Stating the estimated duration of the immediate threat to the health and safety of the public; and

      (d) Designating an emergency team comprised of:

             (1) The [State Health] Chief Medical Officer or a person appointed pursuant to subsection 5, as applicable; and

             (2) Representatives of state agencies, divisions, boards and other entities, including, without limitation, professional licensing boards, with authority by statute to govern or regulate the health care facilities and providers of health care identified as being related to the public health emergency or other health event pursuant to paragraph (b).

      3.  If additional state agencies, divisions, boards or other entities are identified during the course of the response to the public health emergency or other health event as having authority regarding a health care facility or provider of health care that is related to the public health emergency or other health event, the Governor shall direct that agency, division, board or entity to appoint a representative to the emergency team.

      4.  The [State Health] Chief Medical Officer or a person appointed pursuant to subsection 5, as applicable, is the chair of the emergency team.

      5.  If the [State Health] Chief Medical Officer has a conflict of interest relating to a public health emergency or other health event or is otherwise unable to carry out the duties prescribed pursuant to NRS 439.950 to 439.983, inclusive, the Director shall temporarily appoint a person to carry out the duties of the [State Health] Chief Medical Officer prescribed in NRS 439.950 to 439.983, inclusive, until such time as the public health emergency or other health event has been resolved or the [State Health] Chief Medical Officer is able to resume those duties.

 


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unable to carry out the duties prescribed pursuant to NRS 439.950 to 439.983, inclusive, the Director shall temporarily appoint a person to carry out the duties of the [State Health] Chief Medical Officer prescribed in NRS 439.950 to 439.983, inclusive, until such time as the public health emergency or other health event has been resolved or the [State Health] Chief Medical Officer is able to resume those duties. The person appointed by the Director must meet the requirements prescribed by [subsection 1 of NRS 439.090.] section 63 of this act.

      6.  The Governor shall immediately transmit the executive order to:

      (a) The Legislature or, if the Legislature is not in session, to the Legislative Commission and the Legislative Committee on Health Care; and

      (b) Any person or entity deemed necessary or advisable by the Governor.

      7.  The Governor shall declare a public health emergency or other health event terminated before the estimated duration stated in the executive order upon a finding that the public health emergency or other health event no longer poses an immediate threat to the health and safety of the public. Upon such a finding, the Governor shall notify each person and entity described in subsection 6.

      8.  If a public health emergency or other health event lasts longer than the estimated duration stated in the executive order, the Governor is not required to reissue an executive order, but shall notify each person and entity identified in subsection 6.

      9.  The Attorney General shall provide legal counsel to the emergency team.

      Sec. 81. Chapter 439A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division” means the Division of Public and Behavioral Health of the Department.

      Sec. 82. NRS 439A.100 is hereby amended to read as follows:

      439A.100  1.  Except as otherwise provided in this section, in a county whose population is less than 100,000, no person may undertake any proposed expenditure for new construction by or on behalf of a health facility in excess of the greater of $2,000,000 or such an amount as the Department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure, without first applying for and obtaining the written approval of the Director. The [Health] Division of Public and Behavioral Health of the Department shall not issue a new license or alter an existing license for such a project unless the Director has issued such an approval.

      2.  The provisions of subsection 1 do not apply to:

      (a) Any capital expenditure for:

             (1) The acquisition of land;

             (2) The construction of a facility for parking;

             (3) The maintenance of a health facility;

             (4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;

             (5) The installation of a system to conserve energy;

             (6) The installation of a system for data processing or communication; or

             (7) Any other project which, in the opinion of the Director, does not relate directly to the provision of any health service;

 


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      (b) Any project for the development of a health facility that has received legislative approval and authorization; or

      (c) A project for the construction of a hospital in an unincorporated town if:

             (1) The population of the unincorporated town is more than 24,000;

             (2) No other hospital exists in the town;

             (3) No other hospital has been approved for construction or qualified for an exemption from approval for construction in the town pursuant to this section; and

             (4) The unincorporated town is at least a 45-minute drive from the nearest center for the treatment of trauma that is licensed by the [Health] Division of Public and Behavioral Health of the Department.

Ê Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the Director shall issue a certificate which states that the project is exempt from the requirements of this section.

      3.  In reviewing an application for approval, the Director shall:

      (a) Comparatively assess applications for similar projects affecting the same geographic area; and

      (b) Base his or her decision on criteria established by the Director by regulation. The criteria must include:

             (1) The need for and the appropriateness of the project in the area to be served;

             (2) The financial feasibility of the project;

             (3) The effect of the project on the cost of health care; and

             (4) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.

      4.  The Department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the location of the project or a substantial increase in the cost of the project.

      5.  The decision of the Director is a final decision for the purposes of judicial review.

      6.  As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 83. NRS 439A.130 is hereby amended to read as follows:

      439A.130  As used in NRS 439A.130 to 439A.185, inclusive, and section 81 of this act, the words and terms defined in NRS 439A.135 to 439A.165, inclusive, and section 81 of this act have the meanings ascribed to them in those sections.

      Sec. 84. NRS 439A.135 is hereby amended to read as follows:

      439A.135  “Administrator” means the Administrator of the [Health] Division.

      Sec. 85. NRS 439B.410 is hereby amended to read as follows:

      439B.410  1.  Except as otherwise provided in subsection 4, each hospital in this State has an obligation to provide emergency services and care, including care provided by physicians and nurses, and to admit a patient where appropriate, regardless of the financial status of the patient.

      2.  Except as otherwise provided in subsection 4, it is unlawful for a hospital or a physician working in a hospital emergency room to:

      (a) Refuse to accept or treat a patient in need of emergency services and care; or

 


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      (b) Except when medically necessary in the judgment of the attending physician:

             (1) Transfer a patient to another hospital or health facility unless, as documented in the patient’s records:

                   (I) A determination has been made that the patient is medically fit for transfer;

                   (II) Consent to the transfer has been given by the receiving physician, hospital or health facility;

                   (III) The patient has been provided with an explanation of the need for the transfer; and

                   (IV) Consent to the transfer has been given by the patient or the patient’s legal representative; or

             (2) Provide a patient with orders for testing at another hospital or health facility when the hospital from which the orders are issued is capable of providing that testing.

      3.  A physician, hospital or other health facility which treats a patient as a result of a violation of subsection 2 by a hospital or a physician working in the hospital is entitled to recover from that hospital an amount equal to three times the charges for the treatment provided that was billed by the physician, hospital or other health facility which provided the treatment, plus reasonable attorney’s fees and costs.

      4.  This section does not prohibit the transfer of a patient from one hospital to another:

      (a) When the patient is covered by an insurance policy or other contractual arrangement which provides for payment at the receiving hospital;

      (b) After the county responsible for payment for the care of an indigent patient has exhausted the money which may be appropriated for that purpose pursuant to NRS 428.050, 428.285 and 450.425; or

      (c) When the hospital cannot provide the services needed by the patient.

Ê No transfer may be made pursuant to this subsection until the patient’s condition has been stabilized to a degree that allows the transfer without an additional risk to the patient.

      5.  As used in this section:

      (a) “Emergency services and care” means medical screening, examination and evaluation by a physician or, to the extent permitted by a specific statute, by a person under the supervision of a physician, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment and surgery by a physician necessary to relieve or eliminate the emergency medical condition or active labor, within the capability of the hospital. As used in this paragraph:

             (1) “Active labor” means, in relation to childbirth, labor that occurs when:

                   (I) There is inadequate time before delivery to transfer the patient safely to another hospital; or

                   (II) A transfer may pose a threat to the health and safety of the patient or the unborn child.

             (2) “Emergency medical condition” means the presence of acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:

                   (I) Placing the health of the patient in serious jeopardy;

                   (II) Serious impairment of bodily functions; or

 


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                   (III) Serious dysfunction of any bodily organ or part.

      (b) “Medically fit” means that the condition of the patient has been sufficiently stabilized so that the patient may be safely transported to another hospital, or is such that, in the determination of the attending physician, the transfer of the patient constitutes an acceptable risk. Such a determination must be based upon the condition of the patient, the expected benefits, if any, to the patient resulting from the transfer and whether the risks to the patient’s health are outweighed by the expected benefits, and must be documented in the patient’s records before the transfer.

      6.  If an allegation of a violation of the provisions of subsection 2 is made against a hospital licensed pursuant to the provisions of chapter 449 of NRS, the [Health] Division of Public and Behavioral Health of the Department shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for the denial, suspension or revocation of such a license, or for the imposition of any sanction prescribed by NRS 449.163.

      7.  If an allegation of a violation of the provisions of subsection 2 is made against:

      (a) A physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for initiating disciplinary action or denying licensure pursuant to the provisions of subsection 3 of NRS 630.3065.

      (b) An osteopathic physician licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for initiating disciplinary action pursuant to the provisions of subsection 1 of NRS 633.131.

      Sec. 86. NRS 440.110 is hereby amended to read as follows:

      440.110  The Administrator of the [Health] Division of Public and Behavioral Health of the Department of Health and Human Services is the State Registrar of Vital Statistics.

      Sec. 87. NRS 441A.140 is hereby amended to read as follows:

      441A.140  The [Health] Division of Public and Behavioral Health of the Department of Health and Human Services may receive any financial aid made available by any grant or other source and shall use the aid, in cooperation with the health authority, to carry out the provisions of this chapter.

      Sec. 88. Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 89 and 90 of this act.

      Sec. 89. As used in this section and NRS 442.740, 442.750 and 442.770 and section 90 of this act, unless the context otherwise requires, the words and terms defined in NRS 442.740 and section 90 of this act, have the meanings ascribed to them in those sections.

      Sec. 90. “Division” means the Aging and Disability Services Division of the Department of Health and Human Services.

      Sec. 91. NRS 442.003 is hereby amended to read as follows:

      442.003  As used in [this chapter,] NRS 442.003 to 442.700, inclusive, unless the context requires otherwise:

 


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      1.  “Advisory Board” means the Advisory Board on Maternal and Child Health.

      2.  “Department” means the Department of Health and Human Services.

      3.  “Director” means the Director of the Department.

      4.  “Division” means the Division of Public and Behavioral Health of the Department.

      5.  “Fetal alcohol syndrome” includes fetal alcohol effects.

      [5.  “Health Division” means the Health Division of the Department.]

      6.  “Laboratory” has the meaning ascribed to it in NRS 652.040.

      7.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

      8.  “Provider of health care or other services” means:

      (a) A clinical alcohol and drug abuse counselor who is licensed, or an alcohol and drug abuse counselor who is licensed or certified, pursuant to chapter 641C of NRS;

      (b) A physician or a physician assistant who is licensed pursuant to chapter 630 or 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

      (c) A licensed nurse;

      (d) A licensed psychologist;

      (e) A licensed marriage and family therapist;

      (f) A licensed clinical professional counselor;

      (g) A licensed social worker;

      (h) A licensed dietitian; or

      (i) The holder of a certificate of registration as a pharmacist.

      Sec. 92. NRS 442.005 is hereby amended to read as follows:

      442.005  The [State Health] Chief Medical Officer and the [Health] Division shall administer the provisions of [this chapter] NRS 442.003 to 442.700, inclusive, in accordance with the regulations of the State Board of Health and subject to administrative supervision by the Director.

      Sec. 93. NRS 442.009 is hereby amended to read as follows:

      442.009  1.  Except as otherwise provided in this section, if the State Board of Health requires the [Health] Division to provide for the services of a laboratory to determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008, the [Health] Division shall contract with a laboratory in the following order of priority:

      (a) The State Public Health Laboratory;

      (b) Any other qualified laboratory located within this State; or

      (c) Any qualified laboratory located outside of this State.

      2.  The [Health] Division shall not contract with a laboratory in a lower category of priority unless the [Health] Division determines that:

      (a) A laboratory in a higher category of priority is not capable of performing all the tests required to determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008; or

      (b) The cost to the [Health] Division to contract with a laboratory in a higher category of priority is not financially reasonable or exceeds the amount of money available for that purpose.

      3.  For the purpose of determining the category of priority of a laboratory only, the [Health] Division is not required to comply with any requirement of competitive bidding or other restriction imposed on the procedure for awarding a contract.

 


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      Sec. 94. NRS 442.120 is hereby amended to read as follows:

      442.120  The Department is hereby designated as the agency of this State to cooperate, through the [Health] Division, with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the maternal and child health services and the care and treatment of children with special health care needs, and is authorized to receive and expend all funds made available to the Department by the Federal Government, the State or its political subdivisions, or from any other source for the purposes provided in [this chapter.] NRS 442.003 to 442.700, inclusive.

      Sec. 95. NRS 442.160 is hereby amended to read as follows:

      442.160  1.  The Administrator of the [Health] Division is the administrative officer of the [Health] Division with respect to the administration and enforcement of:

      (a) The provisions of NRS 442.130 to 442.170, inclusive;

      (b) The plan formulated and adopted for the purposes of NRS 442.130 to 442.170, inclusive; and

      (c) All regulations necessary thereto and adopted by the State Board of Health.

      2.  The Administrator shall administer and enforce all regulations adopted by the State Board of Health for the efficient operation of the plan formulated by the State Board of Health and the [Health] Division for the purposes of NRS 442.130 to 442.170, inclusive.

      3.  The Administrator shall:

      (a) Maintain his or her office in Carson City, Nevada, or elsewhere in the State as directed by the Director.

      (b) Keep in his or her office all records, reports, papers, books and documents pertaining to the subjects of NRS 442.130 to 442.170, inclusive.

      (c) If directed by the terms of the plan or by the Director, provide such medical, surgical or other services as are necessary to carry out the provisions of the plan and of NRS 442.130 to 442.170, inclusive.

      4.  The Administrator, with the assistance of the [State Health] Chief Medical Officer, shall make such reports, in such form and containing such information concerning the subjects of NRS 442.130 to 442.170, inclusive, as required by the Secretary of Health and Human Services.

      5.  The Administrator shall, in accordance with the rules and regulations of the Secretary of Health and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the State Treasurer all money allotted to this State by the Federal Government for the purposes of NRS 442.130 to 442.170, inclusive. The Administrator shall cause to be paid out of the State Treasury the money deposited for the purposes of NRS 442.130 to 442.170, inclusive.

      Sec. 96. NRS 442.210 is hereby amended to read as follows:

      442.210  1.  The Administrator of the [Health] Division shall administer and enforce the provisions of NRS 442.180 to 442.220, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.180 to 442.220, inclusive, and all regulations necessary thereto and adopted by the State Board of Health.

      2.  The Administrator shall administer and enforce all regulations adopted by the State Board of Health for the efficient operation of such plan or plans formulated by the State Board of Health and the [Health] Division for the purposes of NRS 442.180 to 442.220, inclusive.

 


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      3.  The Administrator shall maintain his or her office in Carson City, Nevada, or elsewhere in the State as directed by the Director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.180 to 442.220, inclusive. The Administrator, when directed by the terms of any plan or plans perfected, or by the Director, shall provide in such places within the State such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive. If the proper medical or surgical services cannot be had within the State for any child with special health care needs, the Secretary of the State Board of Health may provide for those services in some other state.

      4.  The Administrator shall, from time to time as directed by the Secretary of Health and Human Services, make reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, as the Secretary of Health and Human Services requires.

      5.  The Administrator shall from time to time pursuant to the rules and regulations of the Secretary of Health and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the State Treasurer all money allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive. The Administrator shall cause to be paid out of the State Treasury the money therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.

      Sec. 97. NRS 442.260 is hereby amended to read as follows:

      442.260  1.  The [Health] Division shall adopt and enforce regulations governing the conditions under and the methods by which abortions may be performed, the reasonable minimum qualifications of a person authorized to provide the information required in NRS 442.253, as well as all other aspects pertaining to the performance of abortions pursuant to NRS 442.250.

      2.  The [Health] Division shall adopt and enforce regulations for a system for reporting abortions. This system must be designed to preserve confidentiality of information on the identity of women upon whom abortions are performed. The [Health] Division may require that the following items be reported for each abortion:

      (a) The date of the abortion;

      (b) The place of the abortion including the city, county and state;

      (c) The type of facility;

      (d) The usual residence of the woman, including the city, county and state;

      (e) Her age;

      (f) Her ethnic group or race;

      (g) Her marital status;

      (h) The number of previous live births;

      (i) The number of previous induced abortions;

      (j) The duration of her pregnancy, as measured from first day of last normal menses to date of abortion, and as estimated by uterine size prior to performance of the abortion;

      (k) The type of abortion procedure; and

      (l) If a woman has had a previously induced abortion, the information in paragraphs (a) to (k), inclusive, or as much thereof as can be reasonably obtained, for each previous abortion.

      3.  The [Health] Division may adopt regulations to permit studies of individual cases of abortion, but these studies must not be permitted unless:

 


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      (a) Absolute assurance is provided that confidentiality of information on the persons involved will be preserved;

      (b) Informed consent of each person involved in the study is obtained in writing;

      (c) The study is conducted according to established standards and ethics; and

      (d) The study is related to problems of health and has scientific merit with regard to both design and the importance of the problems to be solved.

      Sec. 98. NRS 442.415 is hereby amended to read as follows:

      442.415  The [Health] Division shall adopt regulations necessary to carry out the provisions of NRS 442.400, 442.405 and 442.410.

      Sec. 99. NRS 442.740 is hereby amended to read as follows:

      442.740  [As used in NRS 442.740 to 442.770, inclusive, “early] “Early intervention services” has the meaning ascribed to it in 20 U.S.C. § 1432.

      Sec. 100. NRS 442.750 is hereby amended to read as follows:

      442.750  1.  The [Health] Division shall ensure that the personnel employed by the [Health] Division who provide early intervention services to children with autism spectrum disorders and the persons with whom the [Health] Division contracts to provide early intervention services to children with autism spectrum disorders possess the knowledge and skills necessary to serve children with autism spectrum disorders, including, without limitation:

      (a) The screening of a child for autism spectrum disorder at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization;

      (b) The procedure for evaluating children who demonstrate behaviors that are consistent with autism spectrum disorders, which procedure must require the use of the statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years prescribed pursuant to NRS 427A.872;

      (c) The procedure for enrolling a child in early intervention services upon determining that the child has autism spectrum disorder;

      (d) Methods of providing support to children with autism spectrum disorders and their families; and

      (e) The procedure for developing an individualized family service plan in accordance with Part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1431 et seq., or other appropriate plan for the child.

      2.  The [Health] Division shall ensure that the personnel employed by the [Health] Division to provide early intervention services to children with autism spectrum disorders and the persons with whom the [Health] Division contracts to provide early intervention services to children with autism spectrum disorders:

      (a) Possess the knowledge and understanding of the scientific research and support for the methods and approaches for serving children with autism spectrum disorders and the ability to recognize the difference between an approach or method that is scientifically validated and one that is not;

      (b) Possess the knowledge to accurately describe to parents and guardians the research supporting the methods and approaches, including, without limitation, the knowledge necessary to provide an explanation that a method or approach is experimental if it is not supported by scientific evidence;

 


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      (c) Immediately notify a parent or legal guardian if a child is identified as being at risk for a diagnosis of autism spectrum disorder and refer the parent or legal guardian to the appropriate professionals for further evaluation and simultaneously refer the parent or legal guardian to any appropriate early intervention services and strategies; and

      (d) Provide the parent or legal guardian with information on evidence-based treatments and interventions that may assist the child in the child’s development and advancement.

      3.  The [Health] Division shall ensure that the personnel employed by the [Health] Division who provide early intervention screenings to children and the persons with whom the [Health] Division contracts to provide early intervention screenings to children perform screenings of children for autism spectrum disorders at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization.

      4.  The [Health] Division shall ensure that:

      (a) For a child who may have autism spectrum disorder, the personnel employed by the [Health] Division who provide early intervention screenings to children and the persons with whom the [Health] Division contracts to provide early intervention screenings to children use the protocol designated pursuant to NRS 427A.872 for determining whether a child has autism spectrum disorder.

      (b) An initial evaluation of the cognitive, communicative, social, emotional and behavioral condition and adaptive skill level of a child with autism spectrum disorder is conducted to determine the baseline of the child.

      (c) A subsequent evaluation is conducted upon the child’s conclusion of the early intervention services to determine the progress made by the child from the time of his or her initial screening.

      Sec. 101. NRS 442.770 is hereby amended to read as follows:

      442.770  For an infant or toddler with a disability who has autism spectrum disorder and is eligible for early intervention services, the [Health] Division shall refer the infant or toddler to the Autism Treatment Assistance Program established by NRS 427A.875 and coordinate with the Program to develop a plan of treatment for the infant or toddler pursuant to that section.

      Sec. 102. Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in this chapter, “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 103. NRS 444.330 is hereby amended to read as follows:

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

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

      (b) Northern Nevada Adult Mental Health Services.

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

      (d) Nevada System of Higher Education.

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

      3.  The [State Health] Chief Medical Officer or an authorized agent of the Officer shall inspect those institutions at least once each calendar year and whenever he or she deems an inspection necessary to carry out the provisions of this section.

 


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and whenever he or she deems an inspection necessary to carry out the provisions of this section. The inspection of any state facility for the detention of children that is operated pursuant to title 5 of NRS must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the facility.

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

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

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

      Sec. 104. NRS 445A.055 is hereby amended to read as follows:

      445A.055  1.  The State Board of Health shall adopt regulations requiring the fluoridation of all water delivered for human consumption in a county whose population is 700,000 or more by a:

      (a) Public water system that serves a population of 100,000 or more; or

      (b) Water authority.

      2.  The regulations must include, without limitation:

      (a) The minimum and maximum permissible concentrations of fluoride to be maintained by such a public water system or a water authority, except that:

             (1) The minimum permissible concentration of fluoride must not be less than 0.7 parts per million; and

             (2) The maximum permissible concentration of fluoride must not exceed 1.2 parts per million;

      (b) The requirements and procedures for maintaining proper concentrations of fluoride, including any necessary equipment, testing, recordkeeping and reporting;

      (c) Requirements for the addition of fluoride to the water if the natural concentration of fluorides is lower than the minimum permissible concentration established pursuant to paragraph (a); and

      (d) Criteria pursuant to which the State Board of Health may exempt a public water system or water authority from the requirement of fluoridation upon the request of the public water system or water authority.

      3.  The State Board of Health shall not require the fluoridation of:

      (a) The wells of a public water system or water authority if:

             (1) The groundwater production of the public water system or water authority is less than 15 percent of the total average annual water production of the system or authority for the years in which drought conditions are not prevalent; and

             (2) The wells are part of a combined regional and local system for the distribution of water that is served by a fluoridated source.

      (b) A public water system or water authority:

 


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             (1) During an emergency or period of routine maintenance, if the wells of the system or authority are exempt from fluoridation pursuant to paragraph (a) and the supplier of water determines that it is necessary to change the production of the system or authority from surface water to groundwater because of an emergency or for purposes of routine maintenance; or

             (2) If the natural water supply of the system or authority contains fluoride in a concentration that is at least equal to the minimum permissible concentration established pursuant to paragraph (a) of subsection 2.

      4.  The State Board of Health may make an exception to the minimum permissible concentration of fluoride to be maintained in a public water system or water authority based on:

      (a) The climate of the regulated area;

      (b) The amount of processed water purchased by the residents of the regulated area; and

      (c) Any other factor that influences the amount of public water that is consumed by the residents of the regulated area.

      5.  The [Health] Division [of the Department of Health and Human Services] shall make reasonable efforts to secure any available sources of financial support, including, without limitation, grants from the Federal Government, for the enforcement of the standards established pursuant to this section and any related capital improvements.

      6.  A public water system or water authority may submit to the [Health] Division a claim for payment of the initial costs of the public water system or water authority to begin complying with the provisions of this section regardless of whether the public water system or water authority is required to comply with those provisions. The Administrator of the [Health] Division may approve such claims to the extent of legislative appropriations and any other money available for that purpose. Approved claims must be paid as other claims against the State are paid. The ongoing operational expenses of a public water system or water authority in complying with the provisions of this section are not compensable pursuant to this subsection.

      7.  As used in this section:

      (a) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (b) “Supplier of water” has the meaning ascribed to it in NRS 445A.845.

      [(b)](c) “Water authority” has the meaning ascribed to it in NRS 377B.040.

      Sec. 105. NRS 446.050 is hereby amended to read as follows:

      446.050  “Health authority” means the officers and agents of the [Health] Division of Public and Behavioral Health of the Department of Health and Human Services, or the officers and agents of the local boards of health.

      Sec. 106. NRS 446.057 is hereby amended to read as follows:

      446.057  “Potentially hazardous food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the Administrator of the [Health] Division of Public and Behavioral Health of the Department of Health and Human Services has adopted a later edition of the Food Code for this purpose.

 


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ê2013 Statutes of Nevada, Page 3055 (Chapter 489, AB 488)ê

 

      Sec. 107. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 108. NRS 449.001 is hereby amended to read as follows:

      449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 107 of this act have the meanings ascribed to them in those sections.

      Sec. 109. NRS 449.00455 is hereby amended to read as follows:

      449.00455  “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs and which is certified by the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] pursuant to subsection 4 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.

      Sec. 110. NRS 449.0306 is hereby amended to read as follows:

      449.0306  1.  Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.

      2.  The [Health] Division shall enforce the provisions of NRS 449.030 to 449.245, inclusive, and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 111. NRS 449.0307 is hereby amended to read as follows:

      449.0307  The [Health] Division may:

      1.  Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a medical facility or a facility for the dependent. The facility is subject to inspection and approval as to standards for safety from fire, on behalf of the [Health] Division, by the State Fire Marshal.

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

      3.  Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.030 to 449.245, inclusive.

      Sec. 112. NRS 449.0308 is hereby amended to read as follows:

      449.0308  1.  Except as otherwise provided in this section, the [Health] Division may charge and collect from a medical facility or facility for the dependent or a person who operates such a facility without a license issued by the [Health] Division the actual costs incurred by the [Health] Division for the enforcement of the provisions of NRS 449.030 to 449.240, inclusive, including, without limitation, the actual cost of conducting an inspection or investigation of the facility.

      2.  The [Health] Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:

 


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ê2013 Statutes of Nevada, Page 3056 (Chapter 489, AB 488)ê

 

      (a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to NRS 449.050 or 449.089; or

      (b) Conducted pursuant to an agreement with the Federal Government which has appropriated money for that purpose.

      3.  Any money collected pursuant to subsection 1 may be used by the [Health] Division to administer and carry out the provisions of NRS 449.030 to 449.240, inclusive, and the regulations adopted pursuant thereto.

      Sec. 113. NRS 449.040 is hereby amended to read as follows:

      449.040  Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449.030 to 449.240, inclusive, must file with the [Health] Division an application on a form prescribed, prepared and furnished by the [Health] Division, containing:

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

      2.  The type of facility to be operated.

      3.  The location of the facility.

      4.  In specific terms, the nature of services and type of care to be offered, as defined in the regulations.

      5.  The number of beds authorized by the Director of the Department of Health and Human Services or, if such authorization is not required, the number of beds the facility will contain.

      6.  The name of the person in charge of the facility.

      7.  Such other information as may be required by the [Health] Division for the proper administration and enforcement of NRS 449.030 to 449.240, inclusive.

      8.  Evidence satisfactory to the [Health] Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the facility for which application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the institution for which application is made.

      9.  Evidence satisfactory to the [Health] Division of the ability of the applicant to comply with the provisions of NRS 449.030 to 449.240, inclusive, and the standards and regulations adopted by the Board.

      10.  Evidence satisfactory to the [Health] Division that the facility conforms to the zoning regulations of the local government within which the facility will be operated or that the applicant has applied for an appropriate reclassification, variance, permit for special use or other exception for the facility.

      11.  If the facility to be licensed is a residential establishment as defined in NRS 278.02384, and if the residential establishment is subject to the distance requirements set forth in subsection 3 of NRS 278.02386, evidence satisfactory to the [Health] Division that the residential establishment will be located and operated in accordance with the provisions of that subsection.

      Sec. 114. NRS 449.050 is hereby amended to read as follows:

      449.050  1.  Each application for a license must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.

 


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ê2013 Statutes of Nevada, Page 3057 (Chapter 489, AB 488)ê

 

      2.  The fee imposed by the Board for a facility for transitional living for released offenders must be based on the type of facility that is being licensed and must be calculated to produce the revenue estimated to cover the costs related to the license, but in no case may a fee for a license exceed the actual cost to the [Health] Division of issuing or renewing the license.

      3.  If an application for a license for a facility for transitional living for released offenders is denied, any amount of the fee paid pursuant to this section that exceeds the expenses and costs incurred by the [Health] Division must be refunded to the applicant.

      Sec. 115. NRS 449.065 is hereby amended to read as follows:

      449.065  1.  Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care, agency to provide personal care services in the home and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the [Health] Division a surety bond:

      (a) If the facility, agency or home employs less than 7 employees, in the amount of $5,000;

      (b) If the facility, agency or home employs at least 7 but not more than 25 employees, in the amount of $25,000; or

      (c) If the facility, agency or home employs more than 25 employees, in the amount of $50,000.

      2.  A bond filed pursuant to this section must be executed by the facility, agency or home as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the Specialist for the Rights of Elderly Persons determines has suffered property damage as a result of any act or failure to act by the facility, agency or home to protect the property of the older patient.

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the [Health] Division, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility, agency or home to protect the property of the older patient alleged to have occurred while the bond was in effect.

      5.  A license is suspended by operation of law when the facility, agency or home is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the [Health] Division shall give the facility, agency or home at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The Administrator of the [Health] Division may exempt a residential facility for groups or a home for individual residential care from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the residential facility for groups or home for individual residential care.

 


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ê2013 Statutes of Nevada, Page 3058 (Chapter 489, AB 488)ê

 

requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the residential facility for groups or home for individual residential care.

      7.  The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

      8.  As used in this section, “older patient” means a patient who is 60 years of age or older.

      Sec. 116. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The [Health] Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.240, inclusive, upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      2.  In addition to the provisions of subsection 1, the [Health] Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The [Health] Division shall maintain a log of any complaints that it receives relating to activities for which the [Health] Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The [Health] Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the [Health] Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

 


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ê2013 Statutes of Nevada, Page 3059 (Chapter 489, AB 488)ê

 

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

      4.  On or before February 1 of each odd-numbered year, the [Health] Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the [Health] Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the [Health] Division pursuant to subsection 2.

      Sec. 117. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.240, inclusive, or any condition, standard or regulation adopted by the Board, the [Health] Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

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

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

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

             (2) Improvements are made to correct the violation.

      2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (d) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the [Health] Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

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

      4.  The [Health] Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.240, inclusive, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of this chapter and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

 


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ê2013 Statutes of Nevada, Page 3060 (Chapter 489, AB 488)ê

 

health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

      Sec. 118. NRS 449.201 is hereby amended to read as follows:

      449.201  Each alcohol and drug abuse program operated or provided by a facility for transitional living for released offenders must be certified by the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] in accordance with the requirements set forth in chapter 458 of NRS and any regulations adopted pursuant thereto. As used in this section, “alcohol and drug abuse program” has the meaning ascribed to it in NRS 458.010.

      Sec. 119. NRS 449.210 is hereby amended to read as follows:

      449.210  1.  In addition to the payment of the amount required by NRS 449.0308, except as otherwise provided in subsection 2 and NRS 449.24897, a person who operates a medical facility or facility for the dependent without a license issued by the [Health] Division is guilty of a misdemeanor.

      2.  In addition to the payment of the amount required by NRS 449.0308, if a person operates a residential facility for groups or a home for individual residential care without a license issued by the [Health] Division, the [Health] Division shall:

      (a) Impose a civil penalty on the operator in the following amount:

             (1) For a first offense, $10,000.

             (2) For a second offense, $25,000.

             (3) For a third or subsequent offense, $50,000.

      (b) Order the operator, at the operator’s own expense, to move all of the persons who are receiving services in the residential facility for groups or home for individual residential care to a residential facility for groups or home for individual residential care, as applicable, that is licensed.

      (c) Prohibit the operator from applying for a license to operate a residential facility for groups or home for individual residential care, as applicable. The duration of the period of prohibition must be:

             (1) For 6 months if the operator is punished pursuant to subparagraph (1) of paragraph (a).

             (2) For 1 year if the operator is punished pursuant to subparagraph (2) of paragraph (a).

             (3) Permanent if the operator is punished pursuant to subparagraph (3) of paragraph (a).

      3.  Before the [Health] Division imposes an administrative sanction pursuant to subsection 2, the [Health] Division shall provide the operator of a residential facility for groups with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If the operator of a residential facility for groups wants to contest the action, the operator may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the [Health] Division shall hold a hearing in accordance with those regulations. For the purpose of this subsection, it is no defense to the violation of operating a residential facility for groups without a license that the operator thereof subsequently licensed the facility in accordance with law.

      4.  Unless otherwise required by federal law, the [Health] Division shall deposit all civil penalties collected pursuant to paragraph (a) of subsection 2 into a separate account in the State General Fund to be used to administer and carry out the provisions of this chapter and to protect the health, safety, well-being and property of the patients and residents of facilities and homes for individual residential care in accordance with applicable state and federal standards.

 


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ê2013 Statutes of Nevada, Page 3061 (Chapter 489, AB 488)ê

 

well-being and property of the patients and residents of facilities and homes for individual residential care in accordance with applicable state and federal standards.

      Sec. 120. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 121. NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and section 120 of this act have the meanings ascribed to them in those sections.

      Sec. 122. NRS 450B.1505 is hereby amended to read as follows:

      450B.1505  1.  Any money the [Health] Division receives from a fee set by the State Board of Health pursuant to NRS 439.150 for the issuance or renewal of a license pursuant to NRS 450B.160, an administrative penalty imposed pursuant to NRS 450B.900 or an appropriation made by the Legislature for the purposes of training related to emergency medical services:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;

      (b) May be used only to carry out a training program for emergency medical services personnel who work for a volunteer ambulance service or firefighting agency, including, without limitation, equipment for use in the training; and

      (c) Does not revert to the State General Fund at the end of any fiscal year.

      2.  Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid in the manner that other claims against the State are paid.

      3.  The Administrator of the [Health] Division shall administer the account.

      Sec. 123. Chapter 452 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 124. NRS 452.003 is hereby amended to read as follows:

      452.003  As used in NRS 452.001 to 452.610, inclusive, and section 123 of this act, unless the context otherwise requires, the words and terms defined in NRS 452.004 to 452.019, inclusive, and section 123 of this act have the meanings ascribed to them in those sections.

      Sec. 125. NRS 452.230 is hereby amended to read as follows:

      452.230  1.  Except as provided in subsection 2 of NRS 452.210, the [Health] Division shall have supervisory control over the construction of any mausoleum, vault or crypt, and shall:

      (a) See that the approved plans and specifications are in all respects complied with.

      (b) Appoint an inspector under whose supervision the mausoleum, vault or crypt shall be erected.

      (c) Determine the amount of compensation of the inspector. The compensation shall be paid by the person erecting such mausoleum, vault or crypt.

 


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      2.  No departure or deviation from the original plans and specifications is permitted except upon approval of the [Health] Division, evidenced in the same manner as the approval of the original plans and specifications.

      3.  A mausoleum, vault, crypt or structure shall not be used to hold any dead body until a final certificate is obtained indicating compliance with the plans and specifications as filed. The certificate must be signed either by the [State Health] Chief Medical Officer for the [Health] Division or by the head of the local building or public works department, depending upon which division or department supervised the construction under NRS 452.210.

      Sec. 126. NRS 453.580 is hereby amended to read as follows:

      453.580  1.  A court may establish an appropriate treatment program to which it may assign a person pursuant to subsection 4 of NRS 453.336, NRS 453.3363 or 458.300, or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.

      2.  A program to which a court assigns a person pursuant to subsection 1 must include:

      (a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;

      (b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and

      (c) Alternate courses within the program based on the different substances abused and the addictions of participants.

      3.  If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program, the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.

      4.  Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which the person is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

      Sec. 127. NRS 453A.090 is hereby amended to read as follows:

      453A.090  “Division” means the [Health] Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 128. NRS 453A.730 is hereby amended to read as follows:

      453A.730  1.  Any money the Administrator of the Division receives pursuant to NRS 453A.720 or that is appropriated to carry out the provisions of this chapter:

 


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      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;

      (b) May only be used to carry out:

             (1) The provisions of this chapter, including the dissemination of information concerning the provisions of this chapter and such other information as determined appropriate by the Administrator; and

             (2) Alcohol and drug abuse programs pursuant to NRS 458.094; and

      (c) Does not revert to the State General Fund at the end of any fiscal year.

      2.  [The Administrator of the Division may transfer money in the account created pursuant to subsection 1 that is not needed to carry out this chapter to the Division of Mental Health and Developmental Services of the Department of Health and Human Services for use by an agency of that Division which provides services for the treatment and prevention of substance abuse. The money transferred pursuant to this subsection must be used for the provision of alcohol and drug abuse programs in accordance with NRS 458.094.

      3.]  The Administrator of the Division shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      Sec. 129. NRS 457.020 is hereby amended to read as follows:

      457.020  As used in this chapter, unless the context requires otherwise:

      1.  “Cancer” means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.

      2.  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      3.  “Health care facility” has the meaning ascribed to it in NRS 162A.740 and also includes freestanding facilities for plastic reconstructive, oral and maxillofacial surgery.

      [3.  “Health Division” means the Health Division of the Department of Health and Human Services.]

      Sec. 130. NRS 457.185 is hereby amended to read as follows:

      457.185  1.  The [Health] Division shall grant or deny an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography within 4 months after receipt of a complete application.

      2.  The [Health] Division shall withdraw the certificate of authorization to operate a radiation machine for mammography if it finds that the person violated the provisions of subsection 6 of NRS 457.183.

      3.  The [Health] Division shall deny or withdraw the certificate of authorization of a radiation machine for mammography if it finds that the owner, lessee or other responsible person violated the provisions of subsection 1 of NRS 457.184.

      4.  If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.

      Sec. 131. NRS 458.010 is hereby amended to read as follows:

      458.010  As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:

 


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      1.  “Administrator” means the Administrator of the Division.

      2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      3.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects the ability of the person to function socially or economically.

      4.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that the person endangers the health, safety or welfare of himself or herself or any other person or group of persons.

      5.  “Civil protective custody” means a custodial placement of a person to protect the health or safety of the person. Civil protective custody does not have any criminal implication.

      6.  “Detoxification technician” means a person who is certified by the Division to provide screening for the safe withdrawal from alcohol and other drugs.

      7.  “Division” means the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department of Health and Human Services.

      8.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      Sec. 131.5. NRS 458.094 is hereby amended to read as follows:

      458.094  [1.]  The Division shall use any money [transferred pursuant to NRS 453A.730] not needed to carry out the provisions chapter 453A of NRS to provide alcohol and drug abuse programs to persons referred to the Division by agencies which provide child welfare services [.

      2.  Money received pursuant to NRS 453A.730 must be accounted for separately by the Division.] as authorized pursuant to NRS 453A.730.

      Sec. 131.7. NRS 458.103 is hereby amended to read as follows:

      458.103  The Division may accept:

      1.  Money appropriated and made available by any act of Congress for any alcohol and drug abuse program administered by the Division as provided by law.

      2.  Money appropriated and made available by the State of Nevada or by a county, a city, a public district or any political subdivision of this State for any alcohol and drug abuse program administered by the Division as provided by law.

      [3.  Money transferred pursuant to NRS 453A.730 for the provision of alcohol and drug abuse programs in accordance with NRS 458.094.]

      Sec. 132. NRS 459.010 is hereby amended to read as follows:

      459.010  As used in NRS 459.010 to 459.290, inclusive, unless the context requires otherwise:

      1.  “By-product material” means:

      (a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or making use of special nuclear material; and

      (b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore which is processed primarily for the extraction of the uranium or thorium.

 


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      2.  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      3.  “General license” means a license effective pursuant to regulations adopted by the State Board of Health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.

      [3.  “Health Division” means the Health Division of the Department of Health and Human Services.]

      4.  “Ionizing radiation” means gamma rays and X rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.

      5.  “Person” includes any agency or political subdivision of this State, any other state or the United States, but not the Nuclear Regulatory Commission or its successor, or any federal agency licensed by the Nuclear Regulatory Commission or any successor to such a federal agency.

      6.  “Source material” means:

      (a) Uranium, thorium or any other material which the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined that material to be source material.

      (b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined the material in the concentration to be source material.

      7.  “Special nuclear material” means:

      (a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the Governor declares by order to be special nuclear material after the Nuclear Regulatory Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.

      (b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.

      8.  “Specific license” means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.

      Sec. 133. NRS 459.310 is hereby amended to read as follows:

      459.310  1.  The State Board of Health may establish by regulation:

      (a) Fees for licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium, which must be in amounts which are reasonably related to the cost of licensing, monitoring, inspecting and regulating. Payment of the fees is the responsibility of the person applying for a license or licenses to engage in uranium concentration, recovery or refining.

      (b) Fees for the care and maintenance of radioactive tailings and residues at inactive uranium concentration, recovery or refining sites. The fees must be based on a unit fee for each pound of uranium oxide produced in the process which also produced the tailings or residue. Payment of the fees is the responsibility of the person licensed to engage in uranium concentration, recovery or refining.

 


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the responsibility of the person licensed to engage in uranium concentration, recovery or refining. The regulations must provide for a maximum amount to be paid for each operation.

      (c) A requirement for persons licensed by the State to engage in uranium concentration, recovery or refining to post adequate bonds or other security to cover costs of decontaminating, decommissioning and reclaiming the sites used for concentrating, recovering or refining uranium if the licensee abandons the site or neglects or refuses to satisfy the requirements of the State. The State Board of Health shall determine the amount of the security. The amount of the security may be reviewed by the Board from time to time and may be increased or decreased as the board deems appropriate. The security must be administered by the Administrator of the [Health] Division [,] of Public and Behavioral Health of the Department of Health and Human Services, who shall use the security as required to protect the public health, safety and property.

      2.  The money received pursuant to paragraph (a) of subsection 1 must be deposited in the State Treasury for credit to the Fund for Licensing of Uranium Mills, which is hereby created as a special revenue fund, for the purpose of defraying the cost of licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium. The money received pursuant to paragraph (b) of subsection 1 must be deposited in the State Treasury for credit to the Fund for Care of Uranium Tailings, which is hereby created as a special revenue fund, for the purpose of the care and maintenance of radioactive tailings and residues accumulated at inactive uranium concentration, recovery or refining sites to protect the public health, safety and property. All interest earned on the deposit or investment of the money in the Fund for Care of Uranium Tailings must be credited to that Fund. The Administrator of the [Health] Division of Public and Behavioral Health shall administer both Funds. Claims against either Fund, approved by the [State Health] Chief Medical Officer, must be paid as other claims against the State are paid.

      Sec. 134. NRS 608.255 is hereby amended to read as follows:

      608.255  For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:

      1.  The relationship between a rehabilitation facility or workshop established by the Department of Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a disability who is participating in a training or rehabilitative program of such a facility or workshop.

      2.  The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 435.130 to 435.310, inclusive, and a person with mental retardation or person with related conditions participating in a jobs and day training services program.

      Sec. 135. NRS 616A.205 is hereby amended to read as follows:

      616A.205  Volunteer workers at a facility for inpatients of the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department of Health and Human Services, while acting under the direction or authorization of the supervisor of volunteer services of such a facility, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the facility, receiving a wage of $350 per month, and are entitled to the benefits of those chapters upon compliance therewith by the facility.

 


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the direction or authorization of the supervisor of volunteer services of such a facility, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the facility, receiving a wage of $350 per month, and are entitled to the benefits of those chapters upon compliance therewith by the facility.

      Sec. 136. NRS 630.262 is hereby amended to read as follows:

      630.262  1.  Except as otherwise provided in NRS 630.161, the Board may issue an authorized facility license to a person who intends to practice medicine in this State as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her qualifications to practice medicine pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.

      3.  If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice medicine in this State only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      4.  If a person who holds an authorized facility license issued pursuant to this section ceases to practice medicine in this State as a psychiatrist in a mental health center of the Division:

      (a) The Division shall notify the Board; and

      (b) Upon receipt of the notification, the authorized facility license expires automatically.

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.

      7.  As used in this section:

      (a) “Division” means the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department of Health and Human Services.

      (b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

      Sec. 137. NRS 633.417 is hereby amended to read as follows:

      633.417  1.  Except as otherwise provided in NRS 633.315, the Board may issue an authorized facility license to a person who intends to practice osteopathic medicine in this State as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her qualifications to practice osteopathic medicine, but the person must meet all conditions and requirements for an unrestricted license to practice osteopathic medicine pursuant to this chapter.

 


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meet all conditions and requirements for an unrestricted license to practice osteopathic medicine pursuant to this chapter.

      3.  If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice osteopathic medicine in this State only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      4.  If a person who holds an authorized facility license issued pursuant to this section ceases to practice osteopathic medicine in this State as a psychiatrist in a mental health center of the Division:

      (a) The Division shall notify the Board; and

      (b) Upon receipt of the notification, the authorized facility license expires automatically.

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.

      7.  As used in this section:

      (a) “Division” means the Division of [Mental Health and Developmental Services] Public and Behavioral Health of the Department of Health and Human Services.

      (b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

      Sec. 137.2. NRS 639.063 is hereby amended to read as follows:

      639.063  1.  The Board shall prepare an annual report concerning drugs that are returned or transferred to pharmacies pursuant to NRS 433.801, 449.2485, 639.2675 and 639.2676 and section 58.85 of this act and are reissued to fill other prescriptions. The report must include, without limitation:

      (a) The number of drugs that are returned to dispensing pharmacies.

      (b) The number of drugs that are transferred to nonprofit pharmacies designated by the Board pursuant to NRS 639.2676.

      (c) The number of drugs that are reissued to fill other prescriptions.

      (d) An estimate of the amount of money saved by reissuing such drugs to fill other prescriptions.

      (e) Any other information that the Board deems necessary.

      2.  The report must be:

      (a) Available for public inspection during regular business hours at the office of the Board; and

      (b) Posted on a website or other Internet site that is operated or administered by or on behalf of the Board.

      Sec. 137.4. NRS 639.267 is hereby amended to read as follows:

      639.267  1.  As used in this section, “unit dose” means that quantity of a drug which is packaged as a single dose.

      2.  A pharmacist who provides a regimen of drugs in unit doses to a patient in a facility for skilled nursing or facility for intermediate care as defined in chapter 449 of NRS may credit the person or agency which paid for the drug for any unused doses. The pharmacist may return the drugs to the dispensing pharmacy, which may reissue the drugs to fill other prescriptions or transfer the drugs in accordance with the provisions of NRS 449.2485.

 


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      3.  Except schedule II drugs specified in or pursuant to chapter 453 of NRS and except as otherwise provided in NRS 433.801, 449.2485, 638.200, 639.2675 and 639.2676, and section 58.85 of this act, unit doses packaged in ampules or vials which do not require refrigeration may be returned to the pharmacy which dispensed them. The Board shall, by regulation, authorize the return of any other type or brand of drug which is packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.

      Sec. 137.6. NRS 639.2676 is hereby amended to read as follows:

      639.2676  1.  A nonprofit pharmacy designated by the Board in accordance with the regulations adopted pursuant to subsection 6 to which a drug is transferred pursuant to NRS 433.801, 449.2485 or 639.2675 or section 58.85 of this act may reissue the drug to fill other prescriptions in the same pharmacy free of charge if the registered pharmacist of the nonprofit pharmacy determines that the drug is suitable for that purpose in accordance with the requirements adopted by the Board pursuant to subsection 6 and if:

      (a) The drug is not a controlled substance;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.

      2.  A person, pharmacy or facility who exercises reasonable care in the transfer, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and NRS 433.801, 449.2485 and 639.2675 and section 58.85 of this act and the regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the transfer, acceptance, distribution or dispensation of the drug.

      3.  A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the transfer, acceptance, distribution or dispensation of the drug pursuant to this section and NRS 433.801, 449.2485 and 639.2675 and section 58.85 of this act and the regulations adopted pursuant thereto.

      4.  No drug that is transferred to a nonprofit pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      5.  A nonprofit pharmacy shall adopt written procedures for accepting and reissuing drugs pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.

      (b) Require the maintenance and retention of records relating to the acceptance and use of the drugs and any other records as are required by the Board.

      (c) Be approved by the Board.

      6.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

 


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      (a) Requirements for reissuing drugs pursuant to this section.

      (b) Requirements for accepting drugs transferred to a nonprofit pharmacy pursuant to the provisions of this section and NRS 433.801, 449.2485 and 639.2675 [.] and section 58.85 of this act.

      (c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.

      (d) The criteria and procedure for obtaining a designation as a nonprofit pharmacy for the purposes of this section, including, without limitation, provisions for a pharmacy, registered pharmacist or practitioner who is registered with the Board to be designated as a nonprofit pharmacy.

      Sec. 137.8. NRS 639.282 is hereby amended to read as follows:

      639.282  1.  Except as otherwise provided in NRS 433.801, 449.2485, 638.200, 639.267, 639.2675 and 639.2676, and section 58.85 of this act, it is unlawful for any person to have in his or her possession, or under his or her control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

      (a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist or practitioner;

      (b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

      (c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;

      (d) Is no longer safe or effective for use, as indicated by the expiration date appearing on its label; or

      (e) Has not been properly stored or refrigerated as required by its label.

      2.  The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his or her possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. The preparation, drug or chemical must not be sold or otherwise disposed of until the certification required by this subsection has been presented to and approved by the Board.

      3.  In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the Board, or two persons designated as agents by the Board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.

      4.  As used in this section, “health care board” includes the State Board of Pharmacy, the State Board of Nursing, the Board of Medical Examiners and the Nevada State Board of Veterinary Medical Examiners.

      Sec. 138. NRS 652.035 is hereby amended to read as follows:

      652.035  [“Health Division”] “Division” means the [Health] Division of Public and Behavioral Health of the Department of Health and Human Services.

 


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      Sec. 139. NRS 278.02382, 433.184, 433.214, 439.090, 439.100, 439A.145, 441A.060, 442.760, 444.005, 449.009, 450B.080 and 452.012 are hereby repealed.

      Sec. 140.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provision of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      4.  A license, registration, certificate or other authorization which is in effect on July 1, 2013, and which was issued by an officer, agency or other entity whose name was changed or whose responsibilities were transferred pursuant to this act to another officer, agency or other entity:

      (a) Shall be deemed to be issued by the officer, agency or other entity with the new name provided in this act or issued by the officer, agency or other entity to whom the responsibility for such issuance was transferred, as applicable; and

      (b) Remains valid until its expiration date, if the holder of the license, registration, certificate or other authorization otherwise remains qualified for the issuance or renewal of the license, registration, certificate or authorization on or after July 1, 2013.

      Sec. 140.5.  1.  A person may continue to apply for certification as a mental health-mental retardation technician pursuant to NRS 433.279, as that section existed before July 1, 2013, until the Aging and Disability Services Division of the Department of Health and Human Services adopts regulations to provide certification as an intellectual disability technician pursuant to section 49.8 of this act.

      2.  A person who is certified as a mental health-mental retardation technician on July 1, 2013, shall be deemed to be certified as a mental health technician pursuant to NRS 433.279, as amended by section 21.7 of this act, or as an intellectual disability technician pursuant to section 49.8 of this act until the Division of Public and Behavioral Health of the Department or the Aging and Disability Services Division of the Department, as applicable, provides for the transition of the certificate pursuant to subsection 3.

      3.  The regulations adopted by the Division of Public and Behavioral Health pursuant to NRS 433.279, as amended by section 21.7 of this act, and the regulations adopted by the Aging and Disability Services Division pursuant to section 49.8 of this act must provide for a mental health-mental retardation technician to apply for the transfer of his or her certification to certification as a mental health technician or as an intellectual disability technician, as applicable.

 


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ê2013 Statutes of Nevada, Page 3072 (Chapter 489, AB 488)ê

 

retardation technician to apply for the transfer of his or her certification to certification as a mental health technician or as an intellectual disability technician, as applicable. No additional fee may be charged to carry out the transfer of such certification.

      Sec. 140.7.  Any regulations adopted by the Commission on Mental Health and Developmental Services pursuant to NRS 433.324 before July 1, 2013, the responsibility for which has been transferred:

      1.  Pursuant to section 25 of this act to the State Board of Health, remain in effect until repealed or replaced by the State Board of Health and may be enforced by the Board.

      2.  Pursuant to section 50 of this act to the Aging and Disability Services Division of the Department of Health and Human Services, remain in effect and any revisions to those regulations will continue to apply until the Aging and Disability Services Division adopts regulations to replace those regulations and may be enforced by the Aging and Disability Services Division.

      Sec. 141.  1.  If the name of a fund or account is changed pursuant to the provisions of this act, the State Controller shall change the designation of the name of the fund or account without making any transfer of money in the fund or account. The assets and liabilities of such a fund or account are unaffected by the change of the name.

      2.  The assets and liabilities of any fund or account transferred from the Health Division or the Division of Mental Health and Developmental Services of the Department of Health and Human Services to the Division of Public and Behavioral Health of the Department of Health and Human Services are unaffected by the transfer.

      Sec. 142.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used.

      Sec. 143.  This act becomes effective on July 1, 2013.

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