[Rev. 10/12/2015 2:03:13 PM]

Link to Page 1540

 

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

ê2015 Statutes of Nevada, Page 1541ê

 

CHAPTER 304, AB 141

Assembly Bill No. 141–Assemblywoman Bustamante Adams

 

CHAPTER 304

 

[Approved: June 1, 2015]

 

AN ACT relating to common-interest communities; revising provisions relating to the foreclosure of liens by a homeowners’ association; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) provides that a homeowners’ association has a lien on a unit of a common-interest community for certain amounts that are due to the association; (2) authorizes an association to foreclose such liens by sale; and (3) prescribes the foreclosure procedures for an association. (NRS 116.3116-116.31168) Under existing law, a homeowners’ association or other person conducting a sale of a unit pursuant to the foreclosure of a lien is required to mail to certain parties a copy of the notice of default and election to sell. (NRS 116.31163) This bill removes a provision that requires a copy of the notice of default and election to sell to be mailed to holders of certain security interests only if such holders have notified the association of the existence of the security interest 30 days before the recordation of the notice.

 

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 116.31163 is hereby amended to read as follows:

      116.31163  The association or other person conducting the sale shall also mail, within 10 days after the notice of default and election to sell is recorded, a copy of the notice by first-class mail to:

      1.  Each person who has requested notice pursuant to NRS 107.090 or 116.31168;

      2.  Any holder of a recorded security interest encumbering the unit’s owner’s interest ; [who has notified the association, 30 days before the recordation of the notice of default, of the existence of the security interest;] and

      3.  A purchaser of the unit, if the unit’s owner has notified the association, 30 days before the recordation of the notice, that the unit is the subject of a contract of sale and the association has been requested to furnish the certificate required by NRS 116.4109.

________

 


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

ê2015 Statutes of Nevada, Page 1542ê

 

CHAPTER 305, AB 152

Assembly Bill No. 152–Assemblymen Araujo, Diaz, Thompson; Benitez-Thompson, Carrillo, Flores, Gardner, Hambrick, Joiner, Moore, Neal and Silberkraus

 

Joint Sponsors: Senators Denis; Hardy and Woodhouse

 

CHAPTER 305

 

[Approved: June 1, 2015]

 

AN ACT relating to care of children; requiring the State Board of Health to adopt regulations setting forth certain requirements for child care facilities relating to breastfeeding and physical activity; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a child care facility to be licensed by the State Board of Health or, if the county or city in which the child care facility is located requires child care facilities to be licensed, by such a county or city. If a city or county licenses child care facilities, the city or county is required to adopt standards and regulations governing child care facilities that are at least as stringent as those adopted by the Board. (NRS 432A.131)

      Section 3 of this bill requires the Board to adopt regulations that: (1) require a child care facility to provide an appropriate, private space where mothers may breastfeed; (2) require certain child care facilities to provide a program of physical activity; and (3) prohibit a child care facility from withholding or requiring physical activity as a form of discipline.

 

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 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. 1.  The Board shall adopt regulations that:

      (a) Require each licensee that operates a child care facility to provide an appropriate, private space on the premises of the child care facility where a mother may breastfeed.

      (b) Require each licensee that operates a child care facility, other than an accommodation facility or a child care institution, to provide a program of physical activity that:

             (1) Ensures that all children receive daily periods of moderate or vigorous physical activity that are appropriate for the age of the child;

             (2) Limits the amount of sedentary activity, other than meals, snacks and naps, that children engage in each day; and

             (3) Allows for specialized plans for children with special needs or who have disabilities.

 

 


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

ê2015 Statutes of Nevada, Page 1543 (Chapter 305, AB 152)ê

 

      (c) Prohibit an employee of or a licensee who operates a child care facility from withholding or requiring a child to participate in physical activity as a form of discipline.

      2.  As used in this section:

      (a) “Moderate or vigorous physical activity” means activity that significantly uses arms or legs, including, without limitation, brisk walking, skipping, bicycling, hiking, dancing, kicking a ball, gardening, running, jumping, playing tag, chasing games, soccer, basketball and swimming.

      (b) “Sedentary activity” means activity that does not significantly use arms or legs or provide significant exercise, including, without limitation, sitting, standing, reading, playing a board game, riding in a wagon or drawing.

      Sec. 4. (Deleted by amendment.)

      Sec. 5.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      2.  On January 1, 2016, for all other purposes.

________

CHAPTER 306, AB 242

Assembly Bill No. 242–Committee on Health and Human Services

 

CHAPTER 306

 

[Approved: June 1, 2015]

 

AN ACT relating to public health; requiring the Legislative Commission to appoint a subcommittee to conduct a study relating to postacute care in Nevada; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill requires the Legislative Commission to appoint a subcommittee to conduct a study relating to postacute care in Nevada, including alternatives to institutionalization, cost savings of home- and community-based waiver programs, the impact of postacute care services on the quality of life of a person receiving such services and a review of the state and national quality measures and funding methodologies for postacute care.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-11. (Deleted by amendment.)

      Sec. 12.  1.  The Legislative Commission shall appoint a subcommittee to conduct an interim study of postacute care in this State.

 

 

 

 

 


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

ê2015 Statutes of Nevada, Page 1544 (Chapter 306, AB 242)ê

 

      2.  The subcommittee must be composed of four Legislators as follows:

      (a) One member appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Health and Human Services;

      (b) One member appointed by the Minority Leader of the Senate from the membership of the Senate Standing Committee on Health and Human Services;

      (c) One member appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Health and Human Services; and

      (d) One member appointed by the Minority Leader of the Assembly from the membership of the Assembly Standing Committee on Health and Human Services.

      3.  The study must include, without limitation:

      (a) A review and evaluation of the quality and funding of postacute care in this State and alternatives to institutionalization for providing such care, including home- and community-based waiver programs;

      (b) An evaluation of the cost of such alternatives and potential savings from each alternative;

      (c) Consideration of the positive and negative effects of the various alternatives for providing postacute care services on the quality of life of persons receiving those services in this State;

      (d) A review of state and national quality measures for postacute care required to be reported by Medicare, Medicaid and this State; and

      (e) A review of state and federal funding for postacute care, including the funding formula used in this State.

      4.  Any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the subcommittee.

      5.  The Legislative Commission shall 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. 13.  This act becomes effective on July 1, 2015.

________

 

 


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

ê2015 Statutes of Nevada, Page 1545ê

 

CHAPTER 307, AB 307

Assembly Bill No. 307–Assemblymen Spiegel, Ohrenschall; Benitez-Thompson, Bustamante Adams, Carlton, Diaz, Joiner, Oscarson and Swank

 

CHAPTER 307

 

[Approved: June 1, 2015]

 

AN ACT relating to mental health; providing for the establishment of a pilot program to provide certain intensive care coordination services to children with intellectual disabilities and children with related conditions who are also diagnosed as having behavioral health needs and reside in certain larger counties; requiring the Division of Health Care Financing and Policy of the Department of Health and Human Services and the Aging and Disability Services Division of the Department to take certain actions to monitor the effectiveness of the pilot program and obtain funding for the pilot program; requiring the Department to take any actions necessary to use money from the State Plan for Medicaid to pay for the pilot program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each board of county commissioners to make provisions for the support, education and care of the children with intellectual disabilities and children with related conditions who reside in their respective counties. (NRS 435.010)

      Section 2 of this bill requires the Division of Health Care Financing and Policy of the Department of Health and Human Services and the Aging and Disability Services Division of the Department, to the extent that money is available for that purpose, to establish a pilot program to provide intensive care coordination services to children with intellectual disabilities and children with related conditions who have also been diagnosed as having behavioral health needs and reside in a county whose population is 100,000 or more (currently Clark and Washoe Counties). The Director of the Department is required to amend the State Plan for Medicaid if needed and obtain any necessary Medicaid waiver necessary to use money received pursuant to the State Plan for Medicaid to pay for any part of the pilot program for which such money is authorized to be used by federal law or the waiver. Section 2 also authorizes the Division of Health Care Financing and Policy and the Aging and Disability Services Division to apply for and accept gifts, grants, donations and bequests to pay for the pilot program. Section 2 requires the intensive care coordination services provided through the pilot program to include certain medically necessary services, support for the family of a child and food and lodging expenses for a child who is receiving supported living arrangement services and does not reside with his or her parent or guardian. Section 2 requires the Division of Health Care Financing and Policy and the Aging and Disability Services Division to: (1) take certain measures to evaluate the effectiveness of the pilot program; and (2) collaborate with each person or governmental entity that provides services pursuant to the pilot program to obtain grants for the purpose of carrying out the pilot program. The pilot program will expire on July 1, 2019, unless extended before that date.

 

 

 

 


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

ê2015 Statutes of Nevada, Page 1546 (Chapter 307, AB 307)ê

 

      Section 3 of this bill requires the Division of Health Care Financing and Policy and the Aging and Disability Services Division to submit a report on or before April 30, 2016, and every 6 months thereafter until July 1, 2019, to the Legislature, if the Legislature is in session, or to the Legislative Committee on Health Care, if the Legislature is not in session, concerning the status and results of the pilot program. Section 3 of this bill requires the board of county commissioners of each county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to submit a report on or before April 30, 2016, and every 6 months until July 1, 2019, to the Legislature, if the Legislature is in session, or to the Legislative Committee on Health Care, if the Legislature is not in session, describing the manner in which the board makes provisions for the required support, education and care of the children with intellectual disabilities and children with related conditions who reside in 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. (Deleted by amendment.)

      Sec. 2.  1.  To the extent that money is available for that purpose, the Division of Health Care Financing and Policy of the Department of Health and Human Services and the Aging and Disability Services Division of the Department shall establish a pilot program to provide intensive care coordination services to children with intellectual disabilities and children with related conditions who are also diagnosed as having behavioral health needs and who reside in a county whose population is 100,000 or more.

      2.  The intensive care coordination services provided by the pilot program must include, without limitation:

      (a) Medically necessary habilitation or rehabilitation and psychiatric or behavioral therapy provided using evidence-based practices to a child with intellectual disabilities or a child with a related condition who is also diagnosed as having behavioral health needs;

      (b) Support for the family of such a child, including, without limitation, respite care for the primary caregiver of the child;

      (c) Coordination of all services provided to such a child and his or her family;

      (d) Food and lodging expenses for such a child who is receiving supported living arrangement services and does not reside with his or her parent or guardian;

      (e) Assistance with acquisition of life skills and community participation that is provided in the residence of a child with an intellectual disability or a child with a related condition who has also been diagnosed as having behavioral health needs;

      (f) Nonmedical transportation;

      (g) Career planning;

      (h) Supported employment; and

      (i) Prevocational services.

      3.  The Division of Health Care Financing and Policy and the Aging and Disability Services Division shall:

      (a) Design and utilize a system to collect and analyze data concerning the evidence-based practices used pursuant to paragraph (a) of subsection 2;

 


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

ê2015 Statutes of Nevada, Page 1547 (Chapter 307, AB 307)ê

 

      (b) On or before July 1, 2017, obtain an independent evaluation of the effectiveness of the pilot program; and

      (c) Collaborate with each person or governmental entity that provides services pursuant to the pilot program to obtain grants for the purpose of carrying out the pilot program. The Division of Health Care Financing and Policy, the Aging and Disability Services Division and any other governmental entity that provides services pursuant to the pilot program 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 pilot program.

      4.  The Director of the Department of Health and Human Services shall make any amendments to the State Plan for Medicaid authorized by Federal law and obtain any Medicaid waivers from the Federal Government necessary to use money received pursuant to the State Plan for Medicaid to pay for any part of the pilot program described in subsection 1 for which such money is authorized to be used by federal law or by the waiver.

      5.  As used in this section:

      (a) “Children with related conditions” means children who have a severe, chronic disability which:

             (1) Is attributable to:

                   (I) Cerebral palsy or epilepsy; or

                   (II) 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 child with an intellectual disability and requires treatment or services similar to those required by a child with an intellectual disability;

             (2) Is likely to continue indefinitely; and

             (3) Results in substantial functional limitations in three or more of the following areas of major life activity:

                   (I) Taking care of oneself;

                   (II) Understanding and use of language;

                   (III) Learning;

                   (IV) Mobility;

                   (V) Self-direction; and

                   (VI) Capacity for independent living.

      (b) “Intellectual disability” has the meaning ascribed to it in NRS 435.007.

      (c) “Intensive care coordination services” means the delivery of comprehensive services provided to a child with an intellectual disability or a child with a related condition that is also diagnosed as having behavioral health needs, or the family of such a child, that are coordinated by a single entity and delivered in an individualized and culturally appropriate manner.

      (d) “Supported living arrangement services” means flexible, individualized services provided in a residential setting, for compensation, to a child with an intellectual disability or a person with a related condition who is also diagnosed as having behavioral health needs that are designed and coordinated to assist the person in maximizing the child’s independence, including, without limitation, training and habilitation services.

      Sec. 3.  On or before April 30, 2016, and every 6 months thereafter:

      1.  The Division of Health Care Financing and Policy of the Department of Health and Human Services and the Aging and Disability Services Division of the Department shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Committee on Health Care, if the Legislature is not in session.

 


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

ê2015 Statutes of Nevada, Page 1548 (Chapter 307, AB 307)ê

 

Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Committee on Health Care, if the Legislature is not in session. The report must include, without limitation, a description of the status and results of the pilot program established pursuant to section 2 of this act and recommendations for legislation to facilitate the improvement or expansion of the pilot program.

      2.  The board of county commissioners of each county whose population is less than 100,000 shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Committee on Health Care, if the Legislature is not in session. The report must include, without limitation, a description of the actions the county is taking to comply with the requirements of NRS 435.010.

      Sec. 3.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the legislature.

      Sec. 4.  This act becomes effective on July 1, 2015, and expires by limitation on July 1, 2019.

________

CHAPTER 308, SB 6

Senate Bill No. 6–Committee on Health and Human Services

 

CHAPTER 308

 

[Approved: June 1, 2015]

 

AN ACT relating to health care; requiring certain accreditation or other official recognition before a primary care practice may represent itself as a patient-centered medical home; providing that certain acts by patient-centered medical homes and insurers do not constitute unfair trade practices; authorizing the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease to establish an advisory group to study the delivery of health care through patient-centered medical homes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 20.2 of this bill defines the term “patient-centered medical home” to mean a primary care practice that: (1) offers patient-centered, continuous, culturally competent, evidence-based, comprehensive health care that coordinates the needs of the patient and uses enhanced communication strategies and health information technology; and (2) emphasizes enhanced access to practitioners and preventive care to improve the outcomes for and experiences of patients and lower the costs of health services. Section 20.2 also prohibits a primary care practice from representing itself as a patient-centered medical home unless it is certified, accredited or otherwise officially recognized as such by a nationally recognized organization for accrediting patient-centered medical homes. Additionally, section 20.2 of this bill authorizes coordination between patient-centered medical homes and insurers and incentives provided by insurers to patient-centered medical homes that would otherwise constitute unfair trade practices to the extent that such coordination and incentives are authorized under federal law.

 


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

ê2015 Statutes of Nevada, Page 1549 (Chapter 308, SB 6)ê

 

      Existing law creates the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease and authorizes the Advisory Council to appoint committees or subcommittees to study issues relating to wellness and the prevention of chronic disease. (NRS 439.518, 439.519) Section 20.1 of this bill authorizes the Advisory Council to establish an advisory group of interested persons and governmental entities to study the delivery of health care through patient-centered medical homes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-20. (Deleted by amendment.)

      Sec. 20.1. NRS 439.519 is hereby amended to read as follows:

      439.519  1.  The members of the Advisory Council serve terms of 2 years. A member may be reappointed to serve not more than two additional, consecutive terms.

      2.  A majority of the voting members of the Advisory Council shall select a Chair and a Vice Chair of the Advisory Council.

      3.  A majority of the voting members of the Advisory Council may:

      (a) Appoint committees or subcommittees to study issues relating to wellness and the prevention of chronic disease.

      (b) Remove a nonlegislative member of the Advisory Council for failing to carry out the business of, or serve the best interests of, the Advisory Council.

      (c) Establish an advisory group of interested persons and governmental entities to study the delivery of health care through patient-centered medical homes. Interested persons and governmental entities that serve on the advisory group may include, without limitation:

             (1) Public health agencies;

             (2) Public and private insurers;

             (3) Providers of primary care, including, without limitation, physicians and advanced practice registered nurses who provide primary care; and

             (4) Recipients of health care services.

      4.  The Division shall, within the limits of available money, provide the necessary professional staff and a secretary for the Advisory Council.

      5.  A majority of the voting members of the Advisory Council constitutes a quorum to transact all business, and a majority of those voting members present, physically or via telecommunications, must concur in any decision.

      6.  The Advisory Council shall, within the limits of available money, meet at the call of the Administrator, the Chair or a majority of the voting members of the Advisory Council quarterly or as is necessary.

      7.  The members of the Advisory Council serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Council and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.

      8.  As used in this section, “patient-centered medical home” has the meaning ascribed to it in section 20.2 of this act.

 


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

ê2015 Statutes of Nevada, Page 1550 (Chapter 308, SB 6)ê

 

      Sec. 20.2. Chapter 439A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A primary care practice shall not represent itself as a patient-centered medical home unless the primary care practice is certified, accredited or otherwise officially recognized as a patient-centered medical home by a nationally recognized organization for the accrediting of patient-centered medical homes.

      2.  The Department shall post on an Internet website maintained by the Department links to nationally recognized organizations for the accrediting of patient-centered medical homes and any other information specified by the Department to allow patients to find a patient-centered medical home that meets the requirements of this section and any regulations adopted pursuant thereto.

      3.  Any coordination between an insurer and a patient-centered medical home or acceptance of an incentive from an insurer by a patient-centered medical home that is authorized by federal law shall not be deemed to be an unfair method of competition or an unfair or deceptive trade practice or other act or practice prohibited by the provisions of chapter 598 or 686A of NRS.

      4.  As used in this section:

      (a) “Patient-centered medical home” means a primary care practice that:

             (1) Offers patient-centered, continuous, culturally competent, evidence-based, comprehensive health care that is led by a provider of primary care and a team of health care providers, coordinates the health care needs of the patient and uses enhanced communication strategies and health information technology; and

             (2) Emphasizes enhanced access to practitioners and preventive care to improve the outcomes for and experiences of patients and lower the costs of health services.

      (b) “Primary care practice” means a federally-qualified health center, as defined in 42 U.S.C. § 1396d(l)(2)(B), or a business where health services are provided by one or more advanced practice registered nurses or one or more physicians who are licensed pursuant to chapter 630 or 633 of NRS and who practice in the area of family practice, internal medicine or pediatrics.

      Secs. 20.7-22. (Deleted by amendment.)

      Sec. 23.  This act becomes effective upon passage and approval.

________

 


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

ê2015 Statutes of Nevada, Page 1551ê

 

CHAPTER 309, SB 15

Senate Bill No. 15–Committee on Health and Human Services

 

CHAPTER 309

 

[Approved: June 1, 2015]

 

AN ACT relating to health care professionals; requiring a mental health professional to apply for the emergency admission of his or her patient to a mental health facility or make a reasonable attempt to notify certain persons when his or her patient makes explicit threats of imminent serious physical harm or death in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes various requirements and duties on certain health care professionals. (Chapter 629 of NRS) If a patient communicates a threat of imminent serious physical harm or death to a mental health professional and the mental health professional believes that the patient has the intent and ability to carry out the threat, this bill requires the mental health professional to: (1) apply for the emergency admission of the patient to a mental health facility; or (2) make a reasonable attempt to notify the person threatened with imminent serious physical harm or death and the closest law enforcement agency. This bill also provides that a mental health professional who exercises reasonable care in determining whether to apply for the emergency admission of such a patient or communicate such a threat is not subject to civil or criminal liability or disciplinary action by a professional licensing board for disclosing confidential or privileged information or for any damages caused by the actions of a patient.

 

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 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a patient communicates to a mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable person and, in the judgment of the mental health professional, the patient has the intent and ability to carry out the threat, the mental health professional shall apply for the emergency admission of the patient to a mental health facility pursuant to NRS 433A.160 or make a reasonable effort to communicate the threat in a timely manner to:

      (a) The person who is the subject of the threat;

      (b) The law enforcement agency with the closest physical location to the residence of the person; and

      (c) If the person is a minor, the parent or guardian of the person.

      2.  A mental health professional shall be deemed to have made a reasonable effort to communicate a threat pursuant to subsection 1 if:

      (a) The mental health professional actually communicates the threat in a timely manner; or

      (b) The mental health professional makes a good faith attempt to communicate the threat in a timely manner and the failure to actually communicate the threat in a timely manner does not result from the negligence or recklessness of the mental health professional.

 


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

ê2015 Statutes of Nevada, Page 1552 (Chapter 309, SB 15)ê

 

      3.  A mental health professional who exercises reasonable care in determining that he or she:

      (a) Has a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for disclosing confidential or privileged information.

      (b) Does not have a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any damages caused by the actions of a patient.

      4.  The provisions of this section do not:

      (a) Limit or affect the duty of the mental health professional to report child abuse or neglect pursuant to NRS 432B.220; or

      (b) Modify any duty of a mental health professional to take precautions to prevent harm by a patient:

             (1) Who is in the custody of a hospital or other facility where the mental health professional is employed; or

             (2) Who is being discharged from such a facility.

      5.  As used in this section, “mental health professional” means:

      (a) A physician licensed to practice medicine in this State pursuant to chapter 630 or 633 of NRS;

      (b) A psychologist who is licensed to practice psychology pursuant to chapter 641 of NRS;

      (c) A social worker who:

             (1) Holds a master’s degree in social work; and

             (2) Is licensed as a clinical social worker pursuant to chapter 641B of NRS;

      (d) A registered nurse who:

             (1) Is licensed to practice professional nursing pursuant to chapter 632 of NRS; and

             (2) Holds a master’s degree in psychiatric nursing or a related field;

      (e) A marriage and family therapist licensed pursuant to chapter 641A of NRS;

      (f) A clinical professional counselor licensed pursuant to chapter 641A of NRS;

      (g) A person who is working in this State within the scope of his or her employment by the Federal Government, including, without limitation, employment with the Department of Veterans Affairs, the military or the Indian Health Service, and is:

             (1) Licensed or certified as a physician, psychologist, marriage and family therapist or clinical professional counselor in another state;

             (2) Licensed as a social worker in another state and holds a master’s degree in social work; or

             (3) Licensed to practice professional nursing in another state and holds a master’s degree in psychiatric nursing or a related field.

________

 


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

ê2015 Statutes of Nevada, Page 1553ê

 

CHAPTER 310, SB 84

Senate Bill No. 84–Committee on Commerce, Labor and Energy

 

CHAPTER 310

 

[Approved: June 1, 2015]

 

AN ACT relating to health care providers; including certain alcohol and drug abuse counselors, problem gambling counselors, social workers and medical facilities in the definition of “provider of health care” for purposes of various provisions relating to healing arts and certain other provisions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “provider of health care” as used in various provisions relating to healing arts to mean a licensed physician, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, occupational therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, music therapist, chiropractor, athletic trainer, perfusionist, doctor of Oriental medicine, medical laboratory director or technician, pharmacist, licensed dietician or licensed hospital as the employer of such a person. (NRS 629.031) Existing law also defines the term “medical facility” to include certain centers, clinics and facilities, including facilities for skilled nursing and hospitals. (NRS 449.0151)

      This bill expands the definition of “provider of health care” to include: (1) an associate in social work, a social worker, an independent social worker or a clinical social worker who is licensed pursuant to chapter 641B of NRS, an alcohol and drug abuse counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS and an alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor who is licensed pursuant to that chapter; and (2) a medical facility as the employer of any of those persons.

      Adding those persons and medical facilities to the list of providers of health care makes certain requirements that are currently applicable to other providers of health care applicable to those persons and medical facilities as well. Such requirements include, without limitation, retention of patient records, requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.051, 629.071, 629.076, 629.078)

      Existing law also includes the definition of “provider of health care” by reference in various other provisions. By expanding the definition, the bill expands the definition for those other provisions, thereby making those provisions include associates in social work, social workers, independent social workers, clinical social workers, alcohol and drug abuse counselors, problem gambling counselors and medical facilities as employers of those persons as providers of health care. The term is referenced in provisions relating to various subjects including, without limitation, admissibility of the testimony of hypnotized witnesses, power of attorney, practice during declared emergencies, investigations conducted concerning facilities for long-term care, confidentiality of reports and referrals relating to maternal health, payments by insurance, release of the results of certain laboratory tests, drug donation programs, interpreters and realtime captioning providers and the Silver State Health Insurance Exchange. (NRS 41.141, 48.039, 162A.790, 415A.210, 427A.145, 442.395, 449.2475, chapter 453B of NRS, NRS 652.193, chapters 656A and 695I of NRS)

 


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

ê2015 Statutes of Nevada, Page 1554 (Chapter 310, SB 84)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 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 2. NRS 629.011 is hereby amended to read as follows:

      629.011  As used in this chapter, unless the context otherwise requires, words and terms defined in NRS 629.021 and 629.031 and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means [a] :

      (a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS [,] ;

      (b) A physician assistant [,] ;

      (c) A dentist [,] ;

      (d) A licensed nurse [,] ;

      (e) A dispensing optician [,] ;

      (f) An optometrist [,] ;

      (g) A practitioner of respiratory care [,] ;

      (h) A registered physical therapist [,] ;

      (i) An occupational therapist [,] ;

      (j) A podiatric physician [,] ;

      (k) A licensed psychologist [,] ;

      (l) A licensed marriage and family therapist [,] ;

      (m) A licensed clinical professional counselor [,] ;

      (n) A music therapist [,] ;

      (o) A chiropractor [,] ;

      (p) An athletic trainer [,] ;

      (q) A perfusionist [,] ;

      (r) A doctor of Oriental medicine in any form [,] ;

      (s) A medical laboratory director or technician [,] ;

      (t) A pharmacist [,] ;

      (u) A licensed dietitian [or a] ;

      (v) An associate in social work, a social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;

      (w) An alcohol and drug abuse counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;

      (x) An alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS; or

      (y) A [licensed hospital] medical facility as the employer of any [such] person [.] specified in this subsection.

 

 

 

 

 


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

ê2015 Statutes of Nevada, Page 1555 (Chapter 310, SB 84)ê

 

      2.  For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.

      3.  For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:

      (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and

      (b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

      Sec. 4. NRS 629.161 is hereby amended to read as follows:

      629.161  1.  It is unlawful to retain genetic information that identifies a person, without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless retention of the genetic information is:

      (a) Authorized or required pursuant to NRS 439.538;

      (b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      (c) Authorized pursuant to an order of a court of competent jurisdiction; or

      (d) Necessary for a medical facility [as defined in NRS 449.0151] to maintain a medical record of the person.

      2.  A person who has authorized another person to retain his or her genetic information may request that person to destroy the genetic information. If so requested, the person who retains that genetic information shall destroy the information, unless retention of that information is:

      (a) Authorized or required pursuant to NRS 439.538;

      (b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      (c) Authorized by an order of a court of competent jurisdiction;

      (d) Necessary for a medical facility [as defined in NRS 449.0151] to maintain a medical record of the person; or

      (e) Authorized or required by state or federal law or regulation.

      3.  Except as otherwise provided in subsection 4 or by federal law or regulation, a person who obtains the genetic information of a person for use in a study shall destroy that information upon:

      (a) The completion of the study; or

      (b) The withdrawal of the person from the study,

Ê whichever occurs first.

      4.  A person whose genetic information is used in a study may authorize the person who conducts the study to retain that genetic information after the study is completed or upon his or her withdrawal from the study.

      Sec. 5.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 1556ê

 

CHAPTER 311, SB 114

Senate Bill No. 114–Senator Hardy

 

CHAPTER 311

 

[Approved: June 1, 2015]

 

AN ACT relating to controlled substances; authorizing certain law enforcement officers and occupational licensing boards to access the database of the computerized program to track prescriptions of controlled substances developed by the State Board of Pharmacy and the Investigation Division of the Department of Public Safety; requiring the Board or the Division, as applicable, to report the suspected misuse of a controlled substance by a patient to the licensing board of each practitioner who has prescribed the controlled substance to the patient; providing immunity from liability to the Board, the Division and their employees for certain actions relating to the collection, maintenance and transmission of information; requiring the Board, the Division or a law enforcement agency to provide notice to a person whose information is accessed by an unauthorized person or for an improper purpose; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to develop a computerized program to track prescriptions of certain controlled substances that are filled by a pharmacy or dispensed by a practitioner registered with the Board. This program must be designed to provide information concerning the inappropriate use of controlled substances by a particular patient and statistical data relating to the use of controlled substances that is not specific to a particular patient. The Board and Division use the program to identify any suspected fraudulent or illegal activity related to the use or dispensing of controlled substances and are required to report such activity to the appropriate law enforcement agency or occupational licensing board for further investigation. (NRS 453.1545) Section 1 of this bill requires the Board to allow a law enforcement officer to have Internet access to the database of the program if the employer of the officer approves such access and certifies to the Board that the officer meets certain requirements. The officer is limited to accessing the database to investigate a crime related to prescription drugs. The employer of the officer is required to monitor the officer’s use of the database and establish appropriate disciplinary action for any unlawful use of the database. Where no other penalty is provided, existing law makes it a misdemeanor to violate certain provisions relating to controlled substances. (NRS 453.552) Section 3 of this bill makes that penalty applicable to a violation of section 1.

      Section 2 of this bill requires that the Board also provide Internet access to the database described above to an occupational licensing board that licenses any practitioner who is authorized to write prescriptions for certain controlled substances. If the Board or the Division obtains information indicating the inappropriate use of a controlled substance by a patient, section 2 also requires the Board or Division to report the information to the occupational licensing board of each practitioner who has prescribed the controlled substance for the patient. Section 2 provides immunity from liability for the Board, the Division and their employees for any action relating to the collection, maintenance and transmission of information pursuant to that section. Finally, if the Board, the Division or a law enforcement agency determines that the database has been accessed intentionally by an unauthorized person or for an unauthorized purpose, section 2 requires the Board, the Division or the law enforcement agency, as applicable, to notify the person whose information was accessed.

 


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

ê2015 Statutes of Nevada, Page 1557 (Chapter 311, SB 114)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 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, the Board shall allow a law enforcement officer to have Internet access to the database of the computerized program developed pursuant to NRS 453.1545 if:

      (a) The primary responsibility of the law enforcement officer is to conduct investigations of crimes relating to prescription drugs;

      (b) The law enforcement officer has been approved by his or her employer to have such access;

      (c) The law enforcement officer has completed the course of training developed pursuant to subsection 7 of NRS 453.1545; and

      (d) The employer of the law enforcement officer has submitted the certification required pursuant to subsection 2 to the Board.

      2.  Before a law enforcement officer may be given access to the database pursuant to subsection 1, the employer of the officer must certify to the Board that the law enforcement officer has been approved to be given such access and meets the requirements of subsection 1. Such certification must be made on a form provided by the Board and renewed annually.

      3.  When a law enforcement officer accesses the database of the computerized program pursuant to this section, the officer must enter a unique user name assigned to the officer and the case number corresponding to the investigation being conducted by the officer.

      4.  A law enforcement officer who is given access to the database of the computerized program pursuant to subsection 1 may access the database to investigate a crime related to prescription drugs and for no other purpose.

      5.  The employer of a law enforcement officer who is provided access to the database of the computerized program pursuant to this section shall monitor the use of the database by the law enforcement officer and establish appropriate disciplinary action to take against an officer who violates the provisions of this section.

      6.  The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a law enforcement officer or his or her employer violates any provision of this section.

      7.  As used in this section, “law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 2. NRS 453.1545 is hereby amended to read as follows:

      453.1545  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

 


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

ê2015 Statutes of Nevada, Page 1558 (Chapter 311, SB 114)ê

 

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state and local governmental agencies , including, without limitation, law enforcement agencies and occupational licensing boards, to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      (d) Include the contact information of each person who elects to access the database of the program pursuant to subsection 2, including, without limitation:

             (1) The name of the person;

             (2) The physical address of the person;

             (3) The telephone number of the person; and

             (4) If the person maintains an electronic mail address, the electronic mail address of the person.

      2.  The Board shall provide Internet access to the database of the program established pursuant to subsection 1 to [each] :

      (a) Each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV who:

      [(a)](1) Elects to access the database of the program; and

      [(b)](2) Completes the course of instruction described in subsection 7.

      (b) An occupational licensing board that license any practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III or IV.

      3.  The Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

      4.  The Board or the Division shall report any activity it reasonably suspects may [be] :

      (a) Be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      (b) Indicate the inappropriate use by a patient of a controlled substance to the occupational licensing board of each practitioner who has prescribed the controlled substance to the patient. The occupational licensing board may access the database of the program established pursuant to subsection 1 to determine which practitioners are prescribing the controlled substance to the patient. The occupational licensing board may use this information for any purpose it deems necessary, including, without limitation, alerting a practitioner that a patient may be fraudulently obtaining a controlled substance or determining whether a practitioner is engaged in unlawful or unprofessional conduct. This paragraph shall not be construed to require an occupational licensing board to conduct an investigation or take any action against a practitioner upon receiving information from the Board or the Division.

 


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

ê2015 Statutes of Nevada, Page 1559 (Chapter 311, SB 114)ê

 

paragraph shall not be construed to require an occupational licensing board to conduct an investigation or take any action against a practitioner upon receiving information from the Board or the Division.

      5.  The Board and the Division may cooperatively enter into a written agreement with an agency of any other state to provide, receive or exchange information obtained by the program with a program established in that state which is substantially similar to the program established pursuant to subsection 1, including, without limitation, providing such state access to the database of the program or transmitting information to and receiving information from such state. Any information provided, received or exchanged as part of an agreement made pursuant to this section may only be used in accordance with the provisions of this chapter.

      6.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, must not be disclosed to any person. That information must be disclosed:

      (a) Upon the request of a person about whom the information requested concerns or upon the request on behalf of that person by his or her attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      7.  The Board and the Division shall cooperatively develop a course of training for persons who elect to access the database of the program pursuant to subsection 2 and require each such person to complete the course of training before the person is provided with Internet access to the database pursuant to subsection 2.

      8.  A practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV who [acts with reasonable care] makes a good faith effort to comply with applicable laws and regulations when transmitting to the Board or the Division a report or information required by this section or a regulation adopted pursuant thereto is immune from civil and criminal liability relating to such action.

      9.  The Board, the Division and each employee thereof are immune from civil and criminal liability for any action relating to the collection, maintenance and transmission of information pursuant to this section if a good faith effort is made to comply with applicable laws and regulations.

      10.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      11.  If the Board, the Division or a law enforcement agency determines that the database of the program has been intentionally accessed by a person or for a purpose not authorized pursuant to this section or section 1 of this act, the Board, Division or law enforcement agency, as applicable, must notify any person whose information was accessed by an unauthorized person or for an unauthorized purpose.

      Sec. 3. NRS 453.552 is hereby amended to read as follows:

      453.552  1.  Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, and section 1 of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

 


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

ê2015 Statutes of Nevada, Page 1560 (Chapter 311, SB 114)ê

 

      2.  Any violation of the provisions of NRS 453.011 to 453.551, inclusive, and section 1 of this act where no other penalty is specifically provided, is a misdemeanor.

________

CHAPTER 312, SB 144

Senate Bill No. 144–Senators Manendo, Parks, Woodhouse and Spearman

 

CHAPTER 312

 

[Approved: June 1, 2015]

 

AN ACT relating to public safety; authorizing certain governing bodies and the Department of Transportation to designate pedestrian safety zones in certain circumstances; providing for enhanced penalties for certain traffic violations in pedestrian safety zones; revising provisions relating to vehicles and pedestrians in certain crosswalks and intersections; prohibiting a driver from making a U-turn or passing another vehicle in a school zone or a school crossing zone in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the governing body of a local government or the Department of Transportation to designate pedestrian safety zones on a highway if certain findings are made. Section 1 also provides that a person who is convicted of a violation of a speed limit or of certain other violations may be subject to a doubling of the penalty if the violation occurs in a pedestrian safety zone that is appropriately marked with signs designating the pedestrian safety zone and providing notice that additional penalties may apply in such a zone. Such a doubling of the penalty is discretionary with the court. Sections 2-21 and 23-30 of this bill make conforming changes to indicate the possibility of the enhanced penalty.

      Existing law requires the driver of a vehicle or a pedestrian to obey certain rules at an intersection or crosswalk that is controlled by a traffic light, depending on the particular color and symbol displayed on the traffic light. (NRS 484B.307) Section 18 of this bill provides such rules for an intersection or crosswalk where the traffic light displays a flashing yellow turn arrow, displayed alone or in combination with another signal.

      Existing law provides that certain maximum speed limits are in effect in school zones and school crossing zones at certain times. (NRS 484B.363) Section 22 of this bill makes it unlawful for a driver to make a U-turn or to overtake and pass another vehicle in a school zone or a school crossing zone when the school speed limit is in effect and children are present.

 

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 484B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2 and 4, a person who is convicted of a violation of a speed limit, or of NRS 484B.150, 484B.163, 484B.165, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.280, 484B.283, 484B.287, 484B.300, 484B.303, 484B.307, 484B.317, 484B.320, 484B.327, 484B.403, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred in an area designated as a pedestrian safety zone may be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense.

 


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

ê2015 Statutes of Nevada, Page 1561 (Chapter 312, SB 144)ê

 

484B.320, 484B.327, 484B.403, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred in an area designated as a pedestrian safety zone may be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is discretionary with the court and contingent upon the finding of the prescribed fact.

      2.  The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

      3.  A governmental entity that designates a pedestrian safety zone shall cause to be erected:

      (a) A sign located before the beginning of the pedestrian safety zone which provides notice that higher fines may apply in pedestrian safety zones;

      (b) A sign to mark the beginning of the pedestrian safety zone; and

      (c) A sign to mark the end of the pedestrian safety zone.

      4.  A person who would otherwise be subject to an additional penalty pursuant to this section is not subject to such an additional penalty if, with respect to the pedestrian safety zone in which the violation occurred:

      (a) A sign is not erected before the beginning of the pedestrian safety zone as required by paragraph (a) of subsection 3 to provide notice that higher fines may apply in pedestrian safety zones; or

      (b) Signs are not erected as required by paragraphs (b) and (c) of subsection 3 to mark the beginning and end of the pedestrian safety zone.

      5.  The governing body of a local government or the Department of Transportation may designate a pedestrian safety zone on a highway if the governing body or the Department of Transportation:

      (a) Makes findings as to the necessity and appropriateness of a pedestrian safety zone, including, without limitation, any circumstances on or near a highway which make an area of the highway dangerous for pedestrians; and

      (b) Complies with the requirements of subsection 3 and NRS 484A.430 and 484A.440.

      Sec. 2. NRS 484B.150 is hereby amended to read as follows:

      484B.150  1.  It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.

      2.  Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to:

      (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or

      (b) The living quarters of a house coach or house trailer,

Ê but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.

 


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

ê2015 Statutes of Nevada, Page 1562 (Chapter 312, SB 144)ê

 

      3.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      4.  As used in this section:

      (a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

      (b) “Open container” means a container which has been opened or the seal of which has been broken.

      (c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

      Sec. 3. NRS 484B.163 is hereby amended to read as follows:

      484B.163  1.  A person shall not drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.

      2.  A passenger in a vehicle shall not ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with the driver’s control over the driving mechanism of the vehicle.

      3.  Except as otherwise provided in NRS 484D.440, a vehicle must not be operated upon any highway unless the driver’s vision through any required glass equipment is normal.

      4.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 4. NRS 484B.165 is hereby amended to read as follows:

      484B.165  1.  Except as otherwise provided in this section, a person shall not, while operating a motor vehicle on a highway in this State:

      (a) Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in nonvoice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.

      (b) Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.

      2.  The provisions of this section do not apply to:

      (a) A paid or volunteer firefighter, emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services who is acting within the course and scope of his or her employment.

      (b) A law enforcement officer or any person designated by a sheriff or chief of police or the Director of the Department of Public Safety who is acting within the course and scope of his or her employment.

      (c) A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a medical emergency, a safety hazard or criminal activity.

      (d) A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.

 


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

ê2015 Statutes of Nevada, Page 1563 (Chapter 312, SB 144)ê

 

      (e) A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test, or other exercise in preparation for a disaster or emergency or otherwise communicating public information.

      (f) An employee or contractor of a public utility who uses a handheld wireless communications device:

             (1) That has been provided by the public utility; and

             (2) While responding to a dispatch by the public utility to respond to an emergency, including, without limitation, a response to a power outage or an interruption in utility service.

      3.  The provisions of this section do not prohibit the use of a voice-operated global positioning or navigation system that is affixed to the vehicle.

      4.  A person who violates any provision of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense within the immediately preceding 7 years, shall pay a fine of $50.

      (b) For the second offense within the immediately preceding 7 years, shall pay a fine of $100.

      (c) For the third or subsequent offense within the immediately preceding 7 years, shall pay a fine of $250.

      5.  A person who violates any provision of subsection 1 may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      6.  The Department of Motor Vehicles shall not treat a first violation of this section in the manner statutorily required for a moving traffic violation.

      7.  For the purposes of this section, a person shall be deemed not to be operating a motor vehicle if the motor vehicle is driven autonomously through the use of artificial-intelligence software and the autonomous operation of the motor vehicle is authorized by law.

      8.  As used in this section:

      (a) “Handheld wireless communications device” means a handheld device for the transfer of information without the use of electrical conductors or wires and includes, without limitation, a cellular telephone, a personal digital assistant, a pager and a text messaging device. The term does not include a device used for two-way radio communications if:

             (1) The person using the device has a license to operate the device, if required; and

             (2) All the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit which is used to transmit and receive communications and which is separate from the microphone and is not intended to be held.

      (b) “Public utility” means a supplier of electricity or natural gas or a provider of telecommunications service for public use who is subject to regulation by the Public Utilities Commission of Nevada.

      Sec. 5. NRS 484B.200 is hereby amended to read as follows:

      484B.200  1.  Upon all highways of sufficient width a vehicle must be driven upon the right half of the highway, except as follows:

      (a) When overtaking and passing another vehicle proceeding in the same direction under the laws governing such movements;

 


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

ê2015 Statutes of Nevada, Page 1564 (Chapter 312, SB 144)ê

 

      (b) When the right half of the highway is closed to traffic;

      (c) Upon a highway divided into three lanes for traffic under the laws applicable thereon;

      (d) Upon a highway designated and posted for one-way traffic; or

      (e) When the highway is not of sufficient width.

      2.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 6. NRS 484B.203 is hereby amended to read as follows:

      484B.203  1.  Drivers of vehicles proceeding in opposite directions shall pass each other keeping to the right, and upon highways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the paved portion of the highway as nearly as possible.

      2.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 7. NRS 484B.207 is hereby amended to read as follows:

      484B.207  1.  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.

      2.  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle upon observing the overtaking vehicle or hearing a signal. The driver of an overtaken vehicle shall not increase the speed of the vehicle until completely passed by the overtaking vehicle.

      3.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 8. NRS 484B.210 is hereby amended to read as follows:

      484B.210  1.  The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

      (a) When the driver of the vehicle overtaken is making or signaling to make a left turn.

      (b) Upon a highway with unobstructed pavement which is not occupied by parked vehicles and which is of sufficient width for two or more lines of moving vehicles in each direction.

      (c) Upon a highway with unobstructed pavement which is not marked as a traffic lane and which is not occupied by parked vehicles, if the vehicle that is overtaking and passing another vehicle:

             (1) Does not travel more than 200 feet in the section of pavement not marked as a traffic lane; or

             (2) While being driven in the section of pavement not marked as a traffic lane, does not travel through an intersection or past any private way that is used to enter or exit the highway.

      (d) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

      2.  The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.

 


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

ê2015 Statutes of Nevada, Page 1565 (Chapter 312, SB 144)ê

 

      3.  The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.

      4.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 9. NRS 484B.213 is hereby amended to read as follows:

      484B.213  1.  A vehicle must not be driven to the left side of the center of a two-lane, two-directional highway and overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

      2.  A vehicle must not be driven to the left side of the highway at any time:

      (a) When approaching the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

      (b) When approaching within 100 feet or traversing any intersection or railroad grade crossing.

      (c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

      3.  Subsection 2 does not apply upon a one-way highway.

      4.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 10. NRS 484B.217 is hereby amended to read as follows:

      484B.217  1.  The Department of Transportation with respect to highways constructed under the authority of chapter 408 of NRS, and local authorities with respect to highways under their jurisdiction, may determine those zones of highways where overtaking and passing to the left or making a left-hand turn would be hazardous, and may by the erection of official traffic-control devices indicate such zones. When such devices are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.

      2.  Except as otherwise provided in subsections 3 and 4, a driver shall not drive on the left side of the highway within such zone or drive across or on the left side of any pavement striping designed to mark such zone throughout its length.

      3.  A driver may drive across a pavement striping marking such zone to an adjoining highway if the driver has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.

      4.  Except where otherwise provided, a driver may drive across a pavement striping marking such a zone to make a left-hand turn if the driver has first given the appropriate turn signal in compliance with NRS 484B.413, if it is safe and if it would not be an impediment to oncoming or following traffic.

      5.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

 


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

ê2015 Statutes of Nevada, Page 1566 (Chapter 312, SB 144)ê

 

      Sec. 11. NRS 484B.223 is hereby amended to read as follows:

      484B.223  1.  If a highway has two or more clearly marked lanes for traffic traveling in one direction, vehicles must:

      (a) Be driven as nearly as practicable entirely within a single lane; and

      (b) Not be moved from that lane until the driver has given the appropriate turn signal and ascertained that such movement can be made with safety.

      2.  Upon a highway which has been divided into three clearly marked lanes, a vehicle must not be driven in the extreme left lane at any time. A vehicle on such a highway must not be driven in the center lane except:

      (a) When overtaking and passing another vehicle where the highway is clearly visible and the center lane is clear of traffic for a safe distance;

      (b) In preparation for a left turn; or

      (c) When the center lane is allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and a sign is posted to give notice of such allocation.

      3.  If a highway has been designed to provide a single center lane to be used only for turning by traffic moving in both directions, the following rules apply:

      (a) A vehicle may be driven in the center turn lane only for the purpose of making a left-hand turn onto or from the highway.

      (b) A vehicle must not travel more than 200 feet in a center turn lane before making a left-hand turn from the highway.

      (c) A vehicle must not travel more than 50 feet in a center turn lane after making a left-hand turn onto the highway before merging with traffic.

      4.  If a highway has been designed to provide a single right lane to be used only for turning, a vehicle must:

      (a) Be driven in the right turn lane only for the purpose of making a right turn; and

      (b) While being driven in the right turn lane, not travel through an intersection.

      5.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 12. NRS 484B.227 is hereby amended to read as follows:

      484B.227  1.  Every vehicle driven upon a divided highway must be driven only upon the right-hand roadway and must not be driven over, across or within any dividing space, barrier or section or make any left turn, semicircular turn or U-turn, except through an opening in the barrier or dividing section or space or at a crossover or intersection established by a public authority.

      2.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 13. NRS 484B.280 is hereby amended to read as follows:

      484B.280  1.  A driver of a motor vehicle shall:

      (a) Exercise due care to avoid a collision with a pedestrian;

      (b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision; and

      (c) Exercise proper caution upon observing a pedestrian:

 


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

ê2015 Statutes of Nevada, Page 1567 (Chapter 312, SB 144)ê

 

             (1) On or near a highway, street or road;

             (2) At or near a bus stop or bench, shelter or transit stop for passengers of public mass transportation or in the act of boarding a bus or other public transportation vehicle; or

             (3) In or near a school zone or a school crossing zone marked in accordance with NRS 484B.363 or a marked or unmarked crosswalk.

      2.  If, while violating any provision of this section, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in section 1 of this act.

      Sec. 14. NRS 484B.283 is hereby amended to read as follows:

      484B.283  1.  Except as otherwise provided in NRS 484B.287, 484B.290 and 484B.350:

      (a) When official traffic-control devices are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

      (b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

      (c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.

      (d) Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:

             (1) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.

             (2) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed the crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

             (3) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.

             (4) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307.

 


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

ê2015 Statutes of Nevada, Page 1568 (Chapter 312, SB 144)ê

 

      2.  If, while violating paragraph (a) or (c) of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in section 1 of this act.

      Sec. 15. NRS 484B.287 is hereby amended to read as follows:

      484B.287  1.  Except as provided in NRS 484B.290:

      [1.](a) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.

      [2.](b) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.

      [3.](c) Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

      [4.](d) A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.

      [5.](e) When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in section 1 of this act.

      Sec. 16. NRS 484B.300 is hereby amended to read as follows:

      484B.300  1.  Except as otherwise provided in NRS 484B.307, it is unlawful for any driver to disobey the instructions of any official traffic-control device placed in accordance with the provisions of chapters 484A to 484E, inclusive, of NRS, unless at the time otherwise directed by a police officer.

      2.  No provision of chapters 484A to 484E, inclusive, of NRS for which such devices are required may be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular provision of chapters 484A to 484E, inclusive, of NRS does not state that such devices are required, the provision is effective even though no devices are erected or in place.

      3.  Whenever devices are placed in position approximately conforming to the requirements of chapters 484A to 484E, inclusive, of NRS, such devices are presumed to have been so placed by the official act or direction of a public authority, unless the contrary is established by competent evidence.

      4.  Any device placed pursuant to the provisions of chapters 484A to 484E, inclusive, of NRS and purporting to conform to the lawful requirements pertaining to such devices is presumed to comply with the requirements of chapters 484A to 484E, inclusive, of NRS unless the contrary is established by competent evidence.

      5.  A person who violates any provision of subsection 1 may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

 


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

ê2015 Statutes of Nevada, Page 1569 (Chapter 312, SB 144)ê

 

      Sec. 17. NRS 484B.303 is hereby amended to read as follows:

      484B.303  1.  Whenever official traffic-control devices are erected indicating that no right or left turn is permitted, it is unlawful for any driver of a vehicle to disobey the directions of any such devices.

      2.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 18. NRS 484B.307 is hereby amended to read as follows:

      484B.307  1.  Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the Department of Transportation, only the colors green, yellow and red may be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484B.283. The lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.

      2.  When the signal is circular green alone:

      (a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless another device at the place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.

      3.  Where the signal is circular green with a green turn arrow:

      (a) Vehicular traffic facing the signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but the traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time the signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.

      4.  Where the signal is a green turn arrow alone:

      (a) Vehicular traffic facing the signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but the traffic must yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.

      (b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in NRS 484B.283.

      5.  Where the signal is a green straight-through arrow alone:

      (a) Vehicular traffic facing the signal may proceed straight through, but must not turn right or left. Such vehicular traffic must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

 


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

ê2015 Statutes of Nevada, Page 1570 (Chapter 312, SB 144)ê

 

      (b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.

      6.  Where the signal is a steady yellow signal alone:

      (a) Vehicular traffic facing the signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic must not enter the intersection when the red signal is exhibited.

      (b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484B.283, are thereby advised that there is insufficient time to cross the highway.

      7.  Where the signal is a flashing yellow turn arrow, displayed alone or in combination with another signal:

      (a) Vehicular traffic facing the signal is permitted to cautiously enter the intersection only to make the movement indicated by the arrow signal, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic must yield the right-of-way to pedestrians lawfully within the intersection or an adjacent crosswalk and yield the right-of-way to other traffic lawfully within the intersection.

      (b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484B.283, are thereby advised that there may be insufficient time to cross the highway, but may proceed across the highway within the appropriate marked or unmarked crosswalk.

      8.  Where the signal is a steady red signal alone:

      (a) Vehicular traffic facing the signal must stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as otherwise provided in paragraphs (c) and (d), must remain stopped or standing until the green signal is shown.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484B.283.

      (c) After complying with the requirement to stop, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but must yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.

      (d) After complying with the requirement to stop, a person driving a motorcycle, moped or trimobile or riding a bicycle or an electric bicycle may proceed straight through or turn right or left if:

             (1) The person waits for two complete cycles of the lights or lighted arrows of the applicable official traffic-control device and the signal does not change because of a malfunction or because the signal failed to detect the presence of the motorcycle, moped, trimobile, bicycle or electric bicycle;

             (2) No other device at the place prohibits either or both such turns, if applicable; and

             (3) The person yields the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.

 


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

ê2015 Statutes of Nevada, Page 1571 (Chapter 312, SB 144)ê

 

      (e) Vehicular traffic facing the signal may not proceed on or through any private or public property to enter the intersecting street where traffic is not facing a red signal to avoid the red signal.

      [8.]9.  Where the signal is a steady red with a green turn arrow:

      (a) Except as otherwise provided in paragraph (b), vehicular traffic facing the signal may enter the intersection only to make the movement indicated by the green turn arrow, but must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) A person driving a motorcycle, moped or trimobile or riding a bicycle or an electric bicycle facing the signal may proceed straight through or turn in the direction opposite that indicated by the green turn arrow if:

             (1) The person stops before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made or, in the absence of any such crosswalk, sign or marking, before entering the intersection;

             (2) The person waits for two complete cycles of the lights or lighted arrows of the applicable official traffic-control device and the signal does not change because of a malfunction or because the signal failed to detect the presence of the motorcycle, moped, trimobile, bicycle or electric bicycle;

             (3) No other device at the place prohibits the turn, if applicable; and

             (4) The person yields the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

      (c) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484B.283.

      [9.]10.  If a person violates paragraph (d) of subsection [7] 8 or paragraph (b) of subsection [8] 9 and that violation results in an injury to another person, the violation creates a rebuttable presumption of all facts necessary to impose civil liability for the injury.

      [10.]11.  If a signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application. Any stop required must be made at a sign or pavement marking indicating where the stop must be made, but in the absence of any such device the stop must be made at the signal.

      [11.]12.  Whenever signals are placed over the individual lanes of a highway, the signals indicate, and apply to drivers of vehicles, as follows:

      (a) A downward-pointing green arrow means that a driver facing the signal may drive in any lane over which the green signal is shown.

      (b) A red “X” symbol means a driver facing the signal must not enter or drive in any lane over which the red signal is shown.

      [12.]13.  A local authority shall not adopt an ordinance or regulation or take any other action that prohibits vehicular traffic from crossing an intersection when:

      (a) The red signal is exhibited; and

      (b) The vehicular traffic in question had already completely entered the intersection before the red signal was exhibited. For the purposes of this paragraph, a vehicle shall be considered to have “completely entered” an intersection when all portions of the vehicle have crossed the limit line or other point of demarcation behind which vehicular traffic must stop when a red signal is displayed.

 


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

ê2015 Statutes of Nevada, Page 1572 (Chapter 312, SB 144)ê

 

intersection when all portions of the vehicle have crossed the limit line or other point of demarcation behind which vehicular traffic must stop when a red signal is displayed.

      14.  A person who violates any provision of this section may be subject to the additional penalty set forth in section 1 of this act.

      Sec. 19. NRS 484B.317 is hereby amended to read as follows:

      484B.317  1.  A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insigne thereon, or any other part thereof.

      2.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 20. NRS 484B.320 is hereby amended to read as follows:

      484B.320  1.  Except as otherwise provided in this section:

      (a) A person shall not operate a vehicle on the highways of this State if the vehicle is equipped with any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

      (b) A person shall not operate any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

      2.  Except as otherwise provided in this subsection, a person shall not in this State sell or offer for sale any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal. The provisions of this subsection do not prohibit a person from selling or offering for sale:

      (a) To a provider of mass transit, a signal prioritization device; or

      (b) To a response agency, a signal preemption device or a signal prioritization device, or both.

      3.  A police officer:

      (a) Shall, without a warrant, seize any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal; or

      (b) May, without a warrant, seize and take possession of a vehicle equipped with any device or mechanism that is capable of interfering with or altering the signal of a traffic-control signal, including, without limitation, a mobile transmitter, if the device or mechanism cannot be removed from the motor vehicle by the police officer, and may cause the vehicle to be towed and impounded until:

             (1) The device or mechanism is removed from the vehicle; and

             (2) The owner claims the vehicle by paying the cost of the towing and impoundment.

      4.  Neither the police officer nor the governmental entity which employs the officer is civilly liable for any damage to a vehicle seized pursuant to the provisions of paragraph (b) of subsection 3 that occurs after the vehicle is seized but before the towing process begins.

      5.  Except as otherwise provided in subsection 9, the presence of any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal in or on a vehicle on the highways of this State constitutes prima facie evidence of a violation of this section.

 


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

ê2015 Statutes of Nevada, Page 1573 (Chapter 312, SB 144)ê

 

evidence of a violation of this section. The State need not prove that the device or mechanism in question was in an operative condition or being operated.

      6.  A person who violates the provisions of subsection 1 or 2 is guilty of a misdemeanor.

      7.  A person who violates any provision of subsection 1 or 2 may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      8.  A provider of mass transit shall not operate or cause to be operated a signal prioritization device in such a manner as to impede or interfere with the use by response agencies of signal preemption devices.

      9.  The provisions of this section do not:

      (a) Except as otherwise provided in subsection 8, prohibit a provider of mass transit from acquiring, possessing or operating a signal prioritization device.

      (b) Prohibit a response agency from acquiring, possessing or operating a signal preemption device or a signal prioritization device, or both.

      10.  As used in this section:

      (a) “Mobile transmitter” means a device or mechanism that is:

             (1) Portable, installed within a vehicle or capable of being installed within a vehicle; and

             (2) Designed to affect or alter, through the emission or transmission of sound, infrared light, strobe light or any other audible, visual or electronic method, the normal operation of a traffic-control signal.

Ê The term includes, without limitation, a signal preemption device and a signal prioritization device.

      (b) “Provider of mass transit” means a governmental entity or a contractor of a governmental entity which operates, in whole or in part:

             (1) A public transit system, as that term is defined in NRS 377A.016; or

             (2) A system of public transportation referred to in NRS 277A.270.

      (c) “Response agency” means an agency of this State or of a political subdivision of this State that provides services related to law enforcement, firefighting, emergency medical care or public safety. The term includes a nonprofit organization or private company that, as authorized pursuant to chapter 450B of NRS:

             (1) Provides ambulance service; or

             (2) Provides the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility.

      (d) “Signal preemption device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

             (1) The signal, in the direction of travel of the vehicle, to remain green if the signal is already displaying a green light;

             (2) The signal, in the direction of travel of the vehicle, to change from red to green if the signal is displaying a red light;

             (3) The signal, in other directions of travel, to remain red or change to red, as applicable, to prevent other vehicles from entering the intersection; and

 


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

ê2015 Statutes of Nevada, Page 1574 (Chapter 312, SB 144)ê

 

             (4) The applicable functions described in subparagraphs (1), (2) and (3) to continue until such time as the vehicle equipped with the device is clear of the intersection.

      (e) “Signal prioritization device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

             (1) The signal, in the direction of travel of the vehicle, to display a green light a few seconds sooner than the green light would otherwise be displayed;

             (2) The signal, in the direction of travel of the vehicle, to display a green light for a few seconds longer than the green light would otherwise be displayed; or

             (3) The functions described in both subparagraphs (1) and (2).

      (f) “Traffic-control signal” means a traffic-control signal, as defined in NRS 484A.290, which is capable of receiving and responding to an emission or transmission from a mobile transmitter.

      Sec. 21. NRS 484B.327 is hereby amended to read as follows:

      484B.327  1.  It is unlawful for any person to remove any barrier or sign stating that a highway is closed to traffic.

      2.  It is unlawful to pass over a highway that is marked, signed or barricaded to indicate that it is closed to traffic. A person who violates any provision of this subsection may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 22. NRS 484B.363 is hereby amended to read as follows:

      484B.363  1.  A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:

      (a) On a day on which school is not in session;

      (b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

      (c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

      (d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

      2.  A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:

      (a) On a day on which school is not in session;

      (b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

      (c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

      (d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

      3.  The driver of a vehicle shall not make a U-turn in an area designated as a school zone or school crossing zone except:

      (a) When there are no children present;

      (b) On a day on which school is not in session;

 


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

ê2015 Statutes of Nevada, Page 1575 (Chapter 312, SB 144)ê

 

      (c) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

      (d) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

      (e) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.

      4.  The driver of a vehicle shall not overtake and pass another vehicle traveling in the same direction in an area designated as a school zone or school crossing zone except:

      (a) On a day on which the school is not in session;

      (b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

      (c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

      (d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.

      5.  The governing body of a local government or the Department of Transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.

      [4.] 6.  Each such governing body and the Department of Transportation shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.

      [5.] 7.  With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his or her designee, in conjunction with the Department of Transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.

      [6.] 8.  If, while violating [subsection 1 or 2,] any provision of subsections 1 to 4, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      [7.] 9.  As used in this section, “speed limit beacon” means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.

 


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

ê2015 Statutes of Nevada, Page 1576 (Chapter 312, SB 144)ê

 

      Sec. 23. NRS 484B.403 is hereby amended to read as follows:

      484B.403  1.  A U-turn may be made on any road where the turn can be made with safety, except as prohibited by this section and by the provisions of NRS 484B.227 , 484B.363 and 484B.407.

      2.  If an official traffic-control device indicates that a U-turn is prohibited, the driver shall obey the directions of the device.

      3.  The driver of a vehicle shall not make a U-turn in a business district, except at an intersection or on a divided highway where an appropriate opening or crossing place exists.

      4.  Notwithstanding the foregoing provisions of this section, local authorities and the Department of Transportation may prohibit U-turns at any location within their respective jurisdictions.

      5.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 24. NRS 484B.600 is hereby amended to read as follows:

      484B.600  1.  It is unlawful for any person to drive or operate a vehicle of any kind or character at:

      (a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.

      (b) Such a rate of speed as to endanger the life, limb or property of any person.

      (c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.

      (d) In any event, a rate of speed greater than 75 miles per hour.

      2.  If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 25. NRS 484B.603 is hereby amended to read as follows:

      484B.603  1.  The fact that the speed of a vehicle is lower than the prescribed limits does not relieve a driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding highway, or when special hazards exist or may exist with respect to pedestrians or other traffic, or by reason of weather or other highway conditions, and speed must be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering a highway in compliance with legal requirements and the duty of all persons to use due care.

      2.  Any person who fails to use due care as required by subsection 1 may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 26. NRS 484B.650 is hereby amended to read as follows:

      484B.650  1.  A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:

 


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

ê2015 Statutes of Nevada, Page 1577 (Chapter 312, SB 144)ê

 

      (a) Commits one or more acts of speeding in violation of NRS 484B.363 or 484B.600.

      (b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:

             (1) Failing to obey an official traffic-control device in violation of NRS 484B.300.

             (2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484B.210.

             (3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484B.223.

             (4) Following another vehicle too closely in violation of NRS 484B.127.

             (5) Failing to yield the right-of-way in violation of any provision of NRS 484B.250 to 484B.267, inclusive.

      (c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.

      2.  A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.

      3.  A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor and:

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

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

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

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

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

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

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

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

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

      4.  In addition to any other penalty pursuant to subsection 3:

      (a) For the first offense within 2 years, the court shall order the driver to attend, at the driver’s own expense, a course of traffic safety approved by the Department and may issue an order suspending the driver’s license of the driver for a period of not more than 30 days.

      (b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the driver’s license of the driver for a period of 1 year.

      5.  To determine whether the provisions of paragraph (a) or (b) of subsection 4 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.

      6.  If the driver is already the subject of any other order suspending or revoking his or her driver’s license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.

 


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

ê2015 Statutes of Nevada, Page 1578 (Chapter 312, SB 144)ê

 

      7.  If the court issues an order suspending or revoking the driver’s license of the driver pursuant to this section, the court shall require the driver to surrender to the court all driver’s licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the driver’s licenses and a copy of the order to the Department.

      8.  If the driver successfully completes a course of traffic safety ordered pursuant to this section, the Department shall cancel three demerit points from his or her driving record in accordance with NRS 483.448 or 483.475, as appropriate, unless the driver would not otherwise be entitled to have those demerit points cancelled pursuant to the provisions of that section.

      9.  This section does not preclude the suspension or revocation of the driver’s license of the driver, or the suspension of the future driving privileges of a person, pursuant to any other provision of law.

      10.  A person who violates any provision of subsection 1 may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 27. NRS 484B.653 is hereby amended to read as follows:

      484B.653  1.  It is unlawful for a person to:

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

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

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

Ê A violation of paragraph (a) or (b) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.

      2.  If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsection 1 , [or] 2 or 3 of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the violation constitutes reckless driving.

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

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

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

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

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

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

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

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

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

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

      4.  A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:

      (a) For the first offense:

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

 


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

ê2015 Statutes of Nevada, Page 1579 (Chapter 312, SB 144)ê

 

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

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

      (b) For the second offense:

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

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

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

      (c) For the third and each subsequent offense:

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

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

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

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

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

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

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

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

      6.  Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.

      7.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 or section 1 of this act unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.

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

      Sec. 28. NRS 484B.657 is hereby amended to read as follows:

      484B.657  1.  A person who, while driving or in actual physical control of any vehicle, proximately causes the death of another person through an act or omission that constitutes simple negligence is guilty of vehicular manslaughter and shall be punished for a misdemeanor.

 


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

ê2015 Statutes of Nevada, Page 1580 (Chapter 312, SB 144)ê

 

      2.  A person who commits an offense of vehicular manslaughter may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      3.  Upon the conviction of a person for a violation of the provisions of subsection 1, the court shall notify the Department of the conviction.

      4.  Upon receipt of notification from a court pursuant to subsection 3, the Department shall cause an entry of the conviction to be made upon the driving record of the person so convicted.

      Sec. 29. NRS 484C.110 is hereby amended to read as follows:

      484C.110  1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

      3.  It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:

 

                                                                                              Urine                       Blood

                                                                                   Nanograms             Nanograms

      Prohibited substance                                       per milliliter             per milliliter

 

      (a) Amphetamine                                                         500                           100

      (b) Cocaine                                                                    150                             50

      (c) Cocaine metabolite                                                150                             50

      (d) Heroin                                                                    2,000                             50

      (e) Heroin metabolite:

             (1) Morphine                                                        2,000                             50

             (2) 6-monoacetyl morphine                                    10                             10

      (f) Lysergic acid diethylamide                                      25                             10

      (g) Marijuana                                                                   10                                2

      (h) Marijuana metabolite                                              15                                5

      (i) Methamphetamine                                                  500                           100

      (j) Phencyclidine                                                              25                             10

 


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

ê2015 Statutes of Nevada, Page 1581 (Chapter 312, SB 144)ê

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      Sec. 30. NRS 484C.120 is hereby amended to read as follows:

      484C.120  1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath; or

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath,

Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a commercial motor vehicle,

Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

      3.  It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:

 

                                                                                              Urine                       Blood

                                                                                   Nanograms             Nanograms

      Prohibited substance                                       per milliliter             per milliliter

 

      (a) Amphetamine                                                         500                           100

      (b) Cocaine                                                                    150                             50

      (c) Cocaine metabolite                                                150                             50

      (d) Heroin                                                                    2,000                             50

      (e) Heroin metabolite:

             (1) Morphine                                                        2,000                             50

             (2) 6-monoacetyl morphine                                    10                             10

 


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

ê2015 Statutes of Nevada, Page 1582 (Chapter 312, SB 144)ê

 

                                                                                              Urine                       Blood

                                                                                   Nanograms             Nanograms

      Prohibited substance                                       per milliliter             per milliliter

 

      (f) Lysergic acid diethylamide                                      25                             10

      (g) Marijuana                                                                   10                                2

      (h) Marijuana metabolite                                              15                                5

      (i) Methamphetamine                                                  500                           100

      (j) Phencyclidine                                                              25                             10

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the commercial motor vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.04 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  A person who violates any provision of this section may be subject to [the] any additional penalty set forth in NRS 484B.130 [.] or section 1 of this act.

      6.  As used in this section:

      (a) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

             (1) Has a gross combination weight rating of 26,001 or more pounds which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

             (2) Has a gross vehicle weight rating of 26,001 or more pounds;

             (3) Is designed to transport 16 or more passengers, including the driver; or

             (4) Regardless of size, is used in the transportation of materials which are considered to be hazardous for the purposes of the federal Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 et. seq., and for which the display of identifying placards is required pursuant to 49 C.F.R. Part 172, Subpart F.

      (b) The phrase “concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath” means 0.04 gram or more but less than 0.08 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

________

 


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

ê2015 Statutes of Nevada, Page 1583ê

 

CHAPTER 313, SB 154

Senate Bill No. 154–Senators Harris, Hardy, Roberson, Farley, Goicoechea; Atkinson, Gustavson and Settelmeyer (by request)

 

CHAPTER 313

 

[Approved: June 1, 2015]

 

AN ACT relating to common-interest communities; requiring the adoption of regulations concerning continuing education requirements for community managers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Commission for Common-Interest Communities and Condominium Hotels to adopt regulations governing the issuance of certificates for community managers. (NRS 116A.410) This bill specifies that the Commission must adopt regulations for the renewal of such certificates, including certain regulations for the satisfaction of continuing education requirements.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 116A.410 is hereby amended to read as follows:

      116A.410  1.  The Commission shall by regulation provide for the issuance by the Division of certificates. The regulations:

      (a) Must establish the qualifications for the issuance of such a certificate, including, without limitation, the education and experience required to obtain such a certificate. The regulations must include, without limitation, provisions that:

             (1) Provide for the issuance of a temporary certificate for a 1-year period to a person who:

                   (I) Holds a professional designation in the field of management of a common-interest community from a nationally recognized organization;

                   (II) Provides evidence that the person has been engaged in the management of a common-interest community for at least 5 years; and

                   (III) Has not been the subject of any disciplinary action in another state in connection with the management of a common-interest community.

             (2) Except as otherwise provided in subparagraph (3), provide for the issuance of a temporary certificate for a 1-year period to a person who:

                   (I) Receives an offer of employment as a community manager from an association or its agent; and

                   (II) Has management experience determined to be sufficient by the executive board of the association or its agent making the offer in sub-subparagraph (I). The executive board or its agent must have sole discretion to make the determination required in this sub-subparagraph.

             (3) Require a temporary certificate described in subparagraph (2) to expire before the end of the 1-year period if the certificate holder ceases to be employed by the association, or its agent, which offered the person employment as described in subparagraph (2).

 


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

ê2015 Statutes of Nevada, Page 1584 (Chapter 313, SB 154)ê

 

             (4) Require a person who is issued a temporary certificate as described in subparagraph (1) or (2) to successfully complete not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act within the 1-year period.

             (5) Provide for the issuance of a certificate at the conclusion of the 1-year period if the person:

                   (I) Has successfully completed not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act; and

                   (II) Has not been the subject of any disciplinary action pursuant to this chapter or chapter 116 of NRS or any regulations adopted pursuant thereto.

             (6) Provide that a temporary certificate described in subparagraph (1) or (2) and a certificate described in subparagraph (5):

                   (I) Must authorize the person who is issued a temporary certificate described in subparagraph (1) or (2) or certificate described in subparagraph (5) to act in all respects as a community manager and exercise all powers available to any other community manager without regard to experience; and

                   (II) Must not be treated as a limited, restricted or provisional form of a certificate.

      (b) May require applicants to pass an examination in order to obtain a certificate other than a temporary certificate described in paragraph (a). If the regulations require such an examination, the Commission shall by regulation establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.

      (c) Must establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervision under another community manager, regardless of the length of time that has passed since the person last acted as a community manager.

      (d) May require an investigation of an applicant’s background. If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of the investigation.

      (e) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate.

      (f) Must establish rules of practice and procedure for conducting disciplinary hearings.

      (g) Must establish the qualifications for the renewal of a certificate, including, without limitation, the hours of continuing education required to obtain such a renewal. The regulations must include, without limitation, provisions that:

             (1) Require the certificate to be renewed biennially.

             (2) Authorize the satisfaction of not more than 5 of the required hours of continuing education, which must be designated as instruction relating to the provisions of this chapter and chapter 116 of NRS and any regulations adopted pursuant thereto, in increments of 1 hour, within the 2 years immediately preceding the date on which the certificate expires by:

                   (I) Observation of a disciplinary hearing conducted by the Commission, the hours of attendance at which may be used to fulfill any hours of instruction relating to federal, state or local laws and regulations applicable to the management of a common-interest community the Commission may require; or

 


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

ê2015 Statutes of Nevada, Page 1585 (Chapter 313, SB 154)ê

 

hours of instruction relating to federal, state or local laws and regulations applicable to the management of a common-interest community the Commission may require; or

                   (II) With the permission of the parties involved, attendance as an observer at any mediation, arbitration or other process of alternative dispute resolution arising from a claim which is within the jurisdiction of the Division.

      2.  The Division may collect a fee for the issuance of a certificate in an amount not to exceed the administrative costs of issuing the certificate.

      3.  As used in this section, “management experience” means experience in a position in business or government, including, without limitation, in the military:

      (a) In which the person holding the position was required, as part of holding the position, to engage in one or more management activities, including, without limitation, supervision of personnel, development of budgets or financial plans, protection of assets, logistics, management of human resources, development or training of personnel, public relations, or protection or maintenance of facilities; and

      (b) Without regard to whether the person holding the position has any experience managing or otherwise working for an association.

      Sec. 2.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On January 1, 2016, for all other purposes.

________

CHAPTER 314, SB 176

Senate Bill No. 176–Senators Settelmeyer, Gustavson and Goicoechea

 

CHAPTER 314

 

[Approved: June 1, 2015]

 

AN ACT relating to weapons; revising provisions governing certain dangerous or deadly weapons; revising provisions concerning certain concealed weapons; repealing certain provisions governing the manufacture and sale of switchblade knives; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, with certain exceptions, it is a crime for a person to manufacture, import, sell, give, lend or possess certain dangerous or deadly weapons. (NRS 202.350) Section 2 of this bill removes knives which are made an integral part of a belt buckle and switchblade knives from the list of such weapons. Sections 1, 6 and 7 of this bill revise definitions of “switchblade knife” set forth in other provisions of existing law to accommodate the change made by section 2. Section 9 of this bill repeals a provision of existing law that authorizes a sheriff to issue a permit to allow the manufacture or sale of switchblade knives under certain circumstances.

 

 


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

ê2015 Statutes of Nevada, Page 1586 (Chapter 314, SB 176)ê

 

      Existing law also prohibits a person from carrying or possessing certain weapons on the property of the Nevada System of Higher Education, a private or public school or a child care facility, or while in a vehicle of a private or public school or child care facility, unless the person: (1) is a peace officer; (2) is a school security guard; or (3) has written permission from the president of a branch or facility of the Nevada System of Higher Education, the principal of the school or the person designated by a child care facility to carry the weapon. (NRS 202.265) Section 1 adds pneumatic guns to the list of prohibited weapons on such property.

      Under existing law, it is a crime for a person to carry certain dangerous or deadly weapons in a concealed manner unless the person has a permit to do so. (NRS 202.350) Section 2 removes dirks, daggers and knives which are made an integral part of a belt buckle from the list of weapons for which such a permit is required. Section 2 also adds pneumatic guns to the list of weapons that a person cannot carry in a concealed manner without a permit to do so.

 

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 202.265 is hereby amended to read as follows:

      202.265  1.  Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:

      (a) An explosive or incendiary device;

      (b) A dirk, dagger or switchblade knife;

      (c) A nunchaku or trefoil;

      (d) A blackjack or billy club or metal knuckles;

      (e) A pneumatic gun;

      (f) A pistol, revolver or other firearm; or

      [(f)](g) Any device used to mark any part of a person with paint or any other substance.

      2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

      3.  This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:

      (a) A private or public school or child care facility by a:

             (1) Peace officer;

             (2) School security guard; or

             (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.

      (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.

      4.  The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.

      5.  For the purposes of this section:

      (a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.

 


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

ê2015 Statutes of Nevada, Page 1587 (Chapter 314, SB 176)ê

 

      (b) [“Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

      (c)] “Nunchaku” has the meaning ascribed to it in NRS 202.350.

      [(d)](c) “Pneumatic gun” means any implement designed as a gun that may expel a ball bearing or a pellet by action of pneumatic pressure. The term includes, without limitation, a paintball gun that expels plastic balls filled with paint for the purpose of marking the point of impact.

      (d) “Switchblade knife” [has the meaning ascribed to it in NRS 202.350.] means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.

      (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.

      (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.

      Sec. 2. NRS 202.350 is hereby amended to read as follows:

      202.350  1.  Except as otherwise provided in this section and NRS [202.355 and] 202.3653 to 202.369, inclusive, a person within this State shall not:

      (a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess [any knife which is made an integral part of a belt buckle or] any instrument or weapon of the kind commonly known as a [switchblade knife,] blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;

      (b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;

      (c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or

      (d) Carry concealed upon his or her person any:

             (1) Explosive substance, other than ammunition or any components thereof;

             (2) [Dirk, dagger or machete;] Machete; or

             (3) Pistol, revolver or other firearm, [or] other dangerous or deadly weapon or pneumatic gun. [; or

             (4) Knife which is made an integral part of a belt buckle.]

      2.  Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:

      (a) Paragraph (a) or (c) or subparagraph (2) [or (4)] of paragraph (d) of subsection 1 is guilty:

             (1) For the first offense, of a gross misdemeanor.

             (2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      (b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

 


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

ê2015 Statutes of Nevada, Page 1588 (Chapter 314, SB 176)ê

 

      3.  Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. [The sheriff shall not issue a permit to a person to carry a switchblade knife.] This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

      4.  Except as otherwise provided in subsection 5, this section does not apply to:

      (a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.

      (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

      (c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

      (d) Members of the Armed Forces of the United States when on duty.

      5.  The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness to carry a concealed weapon.

      6.  The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

      7.  This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he or she is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.

      8.  As used in this section:

      (a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

      (b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

      (c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      (d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

      (e) “Pneumatic gun” has the meaning ascribed to it in NRS 202.265.

      (f) “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c).

 


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

ê2015 Statutes of Nevada, Page 1589 (Chapter 314, SB 176)ê

 

      [(f)](g) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c).

      [(g)](h) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

      [(h) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.]

      (i) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

      Secs. 3-5. (Deleted by amendment.)

      Sec. 6. NRS 392.466 is hereby amended to read as follows:

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

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

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

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

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

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

 


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

ê2015 Statutes of Nevada, Page 1590 (Chapter 314, SB 176)ê

 

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

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

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

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

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

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

      6.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented or who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

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

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

      7.  As used in this section:

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

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku [, switchblade knife] or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

 


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

ê2015 Statutes of Nevada, Page 1591 (Chapter 314, SB 176)ê

 

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

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

      Sec. 7. NRS 393.410 is hereby amended to read as follows:

      393.410  1.  It is unlawful for any person:

      (a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances;

      (b) To commit any nuisance in any public schoolhouse;

      (c) To loiter on or near the school grounds; or

      (d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.

      2.  Except as otherwise provided in subsection 3, any person violating any of the provisions of this section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.

      3.  Any person who is in possession of a dangerous weapon during his or her commission of a violation of paragraph (b), (c) or (d) of subsection 1 is guilty of a gross misdemeanor.

      4.  As used in this section:

      (a) “Dangerous knife” means a knife having a blade that is 2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle.

      (b) “Dangerous weapon” means:

             (1) An explosive or incendiary device;

             (2) A dirk, dagger, switchblade knife or dangerous knife;

             (3) A nunchaku or trefoil;

             (4) A blackjack or billy club or metal knuckles; or

             (5) A pistol, revolver or other firearm.

      (c) “Explosive or incendiary device” has the meaning ascribed to it in NRS 202.253.

      (d) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

      (e) “Switchblade knife” has the meaning ascribed to it in NRS [202.350.] 202.265.

      (f) “Trefoil” has the meaning ascribed to it in NRS 202.350.

      Sec. 8. (Deleted by amendment.)

      Sec. 9. NRS 202.355 is hereby repealed.

      Sec. 10.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 1592ê

 

CHAPTER 315, SB 241

Senate Bill No. 241–Senator Roberson

 

CHAPTER 315

 

[Approved: June 1, 2015]

 

AN ACT relating to collective bargaining; authorizing, under certain circumstances, a local government employer to provide paid leave to an employee for time spent in providing services to an employee organization; reducing the amount of time within which the Local Government Employee-Management Relations Board must conduct a hearing relating to certain complaints; providing that a collective bargaining agreement between a local government employer and a recognized employee organization expires for certain purposes at the end of the term stated in the agreement; excluding certain school administrators from membership in a bargaining unit for the purposes of collective bargaining; revising various provisions relating to negotiations between a school district and an employee organization representing teachers or educational support personnel; providing that certain principals are employed at will; requiring certain postprobationary school administrators to apply for reappointment to their administrative positions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill makes various changes relating to collective bargaining. Section 1 of this bill authorizes, under certain circumstances, a local government employer to provide leave to an employee for time spent by the employee in performing duties or providing services for an employee organization. Section 1.2 of this bill makes a conforming change.

      Existing law requires the Local Government Employee-Management Relations Board to conduct a hearing within 180 days after deciding to hear a complaint arising out of the interpretation of, or performance under, the provisions of law relating to collective bargaining. (NRS 288.110) Section 1.1 of this bill reduces that time to not later than 45 days if a complaint alleges that a local government employer or an employee organization has refused to bargain collectively in good faith unless the parties agree to waive the requirement.

      Section 1.3 of this bill is directed to “evergreen” language in a collective bargaining agreement, pursuant to which the agreement remains in effect beyond the end of its stated term until a successor agreement becomes effective. Notwithstanding any such provision, section 1.3 provides that upon the end of the term stated in a collective bargaining agreement, and until a successor agreement becomes effective, a local government employer shall not, with limited exceptions, increase any compensation or monetary benefits paid to or on behalf of employees in the affected bargaining unit.

      Existing law generally requires a local government employer to engage in collective bargaining with the recognized employee organization, if any, for each bargaining unit among its employees. (NRS 288.150) Existing law also requires employees in certain supervisory and administrative positions, including certain school administrators, to be members of a different bargaining unit from the employees they supervise and entirely excludes certain other employees from membership in a bargaining unit. (NRS 288.140, 288.170) Section 1.4 of this bill excludes school administrators whose annual salary, adjusted for inflation, is greater than $120,000 from membership in a bargaining unit, with the result that such administrators may not engage in collective bargaining with their employer. Sections 2, 3 and 4 of this bill make conforming changes.

 


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

ê2015 Statutes of Nevada, Page 1593 (Chapter 315, SB 241)ê

 

      Existing law requires an employee organization that desires to negotiate to give written notice of that desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the notice must be given by the employee organization on or before February 1. (NRS 288.180) Section 1.5 of this bill provides that if an employee organization represents teachers or educational support personnel and desires to negotiate, it must give written notice on or before January 1.

      If, after four sessions of negotiation between a school district and an employee organization representing teachers and educational support personnel, the parties fail to reach an agreement, existing law provides that either party may submit the issues to an arbitrator. (NRS 288.217) Section 1.6 of this bill requires that the parties have eight sessions of negotiation before the issues are submitted to an arbitrator. Section 1.6 also requires the parties to: (1) select an arbitrator not later than 330 days before the end of the term stated in the existing collective bargaining agreement; and (2) schedule a hearing of not less than 3 consecutive business days.

      Existing law authorizes any controversy concerning a prohibited practice relating to collective bargaining to be submitted to the Local Government Employee-Management Relations Board. (NRS 288.110, 288.280) Section 1.7 of this bill requires the Board to conduct a hearing not later than 45 days after the Board decides to hear the complaint unless the parties agree to waive the requirement.

      Section 1.9 of this bill provides that during the first 3 years of employment by a school district, a principal is employed at-will. Section 1.9 also provides that if a principal completes the 3-year probationary period, the principal again becomes an at-will employee if, in 2 consecutive school years: (1) the rating of the school to which the principal is assigned pursuant to the statewide system of accountability for public schools is reduced by one or more levels; and (2) fifty percent or more of the teachers assigned to the school request a transfer to another school. Section 1.9 further provides that such a principal is subject to immediate dismissal by the board of trustees of the school district on recommendation of the superintendent of the school district.

      Section 1.95 of this bill provides that a postprobationary administrator, other than an administrator who is excluded from a bargaining unit or a principal, must apply to the superintendent of the school district for reappointment to his or her administrative position every 5 years.

      Sections 3.5-4.8 of this bill make changes to conform with sections 1.9 and 1.95.

 

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 288 of NRS is hereby amended by adding thereto a new section to read as follows:

      A local government employer may agree to provide leave to any of its employees for time spent by the employee in performing duties or providing services for an employee organization if the full cost of such leave is paid or reimbursed by the employee organization or is offset by the value of concessions made by the employee organization in the negotiation of an agreement with the local government employer pursuant to this chapter.

      Sec. 1.1. NRS 288.110 is hereby amended to read as follows:

      288.110  1.  The Board may make rules governing:

      (a) Proceedings before it;

      (b) Procedures for fact-finding;

      (c) The recognition of employee organizations; and

      (d) The determination of bargaining units.

 


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

ê2015 Statutes of Nevada, Page 1594 (Chapter 315, SB 241)ê

 

      2.  The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer, local government employee or employee organization. [The] Except as otherwise provided in this subsection and NRS 288.280, the Board shall conduct a hearing within 180 days after it decides to hear a complaint. If a complaint alleges a violation of paragraph (e) of subsection 1 of NRS 288.270 or paragraph (b) of subsection 2 of that section, the Board shall conduct a hearing not later than 45 days after it decides to hear the complaint, unless the parties agree to waive this requirement. The Board, after a hearing, if it finds that the complaint is well taken, may order any person to refrain from the action complained of or to restore to the party aggrieved any benefit of which the party has been deprived by that action. The Board shall issue its decision within 120 days after the hearing on the complaint is completed.

      3.  Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      4.  The Board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.

      5.  The Board may decide without a hearing a contested matter:

      (a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent; or

      (b) Upon agreement of all the parties.

      6.  The Board may award reasonable costs, which may include attorneys’ fees, to the prevailing party.

      Sec. 1.2. NRS 288.150 is hereby amended to read as follows:

      288.150  1.  Except as provided in subsection 4, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

      2.  The scope of mandatory bargaining is limited to:

      (a) Salary or wage rates or other forms of direct monetary compensation.

      (b) Sick leave.

      (c) Vacation leave.

      (d) Holidays.

      (e) Other paid or nonpaid leaves of absence [.] consistent with the provisions of this chapter.

      (f) Insurance benefits.

      (g) Total hours of work required of an employee on each workday or workweek.

      (h) Total number of days’ work required of an employee in a work year.

      (i) Discharge and disciplinary procedures.

      (j) Recognition clause.

      (k) The method used to classify employees in the bargaining unit.

      (l) Deduction of dues for the recognized employee organization.

 


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

ê2015 Statutes of Nevada, Page 1595 (Chapter 315, SB 241)ê

 

      (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

      (n) No-strike provisions consistent with the provisions of this chapter.

      (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

      (p) General savings clauses.

      (q) Duration of collective bargaining agreements.

      (r) Safety of the employee.

      (s) Teacher preparation time.

      (t) Materials and supplies for classrooms.

      (u) The policies for the transfer and reassignment of teachers.

      (v) Procedures for reduction in workforce consistent with the provisions of this chapter.

      (w) Procedures and requirements for the reopening of collective bargaining agreements that exceed 1 year in duration for additional, further, new or supplementary negotiations during periods of fiscal emergency. The requirements for the reopening of a collective bargaining agreement must include, without limitation, measures of revenue shortfalls or reductions relative to economic indicators such as the Consumer Price Index, as agreed upon by both parties.

      3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

      (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

      (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

      (c) The right to determine:

             (1) Appropriate staffing levels and work performance standards, except for safety considerations;

             (2) The content of the workday, including without limitation workload factors, except for safety considerations;

             (3) The quality and quantity of services to be offered to the public; and

             (4) The means and methods of offering those services.

      (d) Safety of the public.

      4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

      5.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

 


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

ê2015 Statutes of Nevada, Page 1596 (Chapter 315, SB 241)ê

 

      6.  This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      7.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

      Sec. 1.3. NRS 288.155 is hereby amended to read as follows:

      288.155  [Agreements entered into between local government employers and employee organizations pursuant to this chapter may]

      1.  A collective bargaining agreement:

      (a) May extend beyond the term of office of any member or officer of the local government employer.

      (b) Expires for the purposes of this section at the end of the term stated in the agreement, notwithstanding any provision of the agreement that it remain in effect, in whole or in part, after the end of that term until a successor agreement becomes effective.

      2.  Except as otherwise provided in subsection 3 and notwithstanding any provision of the collective bargaining agreement to the contrary, upon the expiration of a collective bargaining agreement, if no successor agreement is effective and until a successor agreement becomes effective, a local government employer shall not pay to or on behalf of any employee in the affected bargaining unit any compensation or monetary benefits in any amount greater than the amount in effect as of the expiration of the collective bargaining agreement.

      3.  The provisions of subsection 2 do not prohibit a local government employer from paying:

      (a) An increase in compensation or monetary benefits during the first quarter of the next ensuing fiscal year of the local government employer after the expiration of a collective bargaining agreement; or

      (b) An increase in the employer’s portion of the matching contribution rate for employees and employers in accordance with an adjustment in the rate of contributions pursuant to NRS 286.450.

      Sec. 1.4. NRS 288.170 is hereby amended to read as follows:

      288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.

      2.  A [principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate] school administrator whose annual salary, adjusted for inflation as provided in this subsection, is greater than $120,000 must be excluded from any bargaining unit. The annual salary provided in this subsection must be adjusted on July 1 of each year for the period beginning that day and ending on June 30 of the following year in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year.

 


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

ê2015 Statutes of Nevada, Page 1597 (Chapter 315, SB 241)ê

 

Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On April 1 of each year, the Commissioner shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amount to take effect on July 1 of that year and notify each school district of the adjusted amount.

      3.  A head of a department of a local government, an administrative employee or a supervisory employee must not be a member of the same bargaining unit as the employees under the direction of that department head, administrative employee or supervisory employee. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firefighters or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

      4.  Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.

      5.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.

      6.  As used in this section:

      (a) “Confidential employee” means an employee who is involved in the decisions of management affecting collective bargaining.

      (b) “Supervisory employee” means a supervisory employee described in paragraph (a) of subsection 1 of NRS 288.075.

      Sec. 1.5. NRS 288.180 is hereby amended to read as follows:

      288.180  1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of that desire to the local government employer. [If] Except as otherwise provided in this subsection, if the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give notice on or before February 1. If an employee organization representing teachers or educational support personnel desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give the notice required by this subsection on or before January 1.

      2.  Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested must be furnished without unnecessary delay. The information must be accurate, and must be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept. If the employee organization requests financial information concerning a metropolitan police department, the local government employers which form that department shall furnish the information to the employee organization.

 


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

ê2015 Statutes of Nevada, Page 1598 (Chapter 315, SB 241)ê

 

      3.  The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.

      4.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

      Sec. 1.6. NRS 288.217 is hereby amended to read as follows:

      288.217  1.  The provisions of this section govern negotiations between school districts and employee organizations representing teachers and educational support personnel.

      2.  Not later than 330 days before the end of the term stated in their collective bargaining agreement, the parties shall select an arbitrator in the manner provided in subsection 2 of NRS 288.200 to conduct a hearing in the event that an impasse is declared pursuant to subsection 3. The parties and the arbitrator shall schedule a hearing of not less than 3 consecutive business days, to begin not later than June 10 immediately preceding the end of the term stated in the collective bargaining agreement or 60 days before the end of that term, whichever is earlier. As a condition of his or her selection, the arbitrator must agree to render a decision, if the hearing is held, within the time required by subsection 9. If the arbitrator fails or refuses to agree to any of the conditions stated in this subsection, the parties shall immediately proceed to select another arbitrator in the manner provided in subsection 2 of NRS 288.200 until an arbitrator is selected who agrees to those conditions.

      3.  If the parties to a negotiation pursuant to this section have failed to reach an agreement after at least [four] eight sessions of negotiation, either party may declare the negotiations to be at an impasse and, after 5 days’ written notice is given to the other party, submit the issues remaining in dispute to [an] the arbitrator [.] selected pursuant to subsection 2. The arbitrator [must be selected in the manner provided in subsection 2 of NRS 288.200 and] has the powers provided for fact finders in NRS 288.210.

      [3.]4.  The arbitrator shall, [within 30 days after the arbitrator is selected, and after 7 days’ written notice is given to the parties,] pursuant to subsection 2, hold a hearing to receive information concerning the dispute. The hearing must be held in the county in which the school district is located and the arbitrator shall arrange for a full and complete record of the hearing.

      [4.]5.  The parties to the dispute shall each pay one-half of the costs of the arbitration.

      [5.]6.  A determination of the financial ability of a school district must be based on:

      (a) All existing available revenues as established by the school district and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the school district to provide an education to the children residing within the district.

      (b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.

 


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

ê2015 Statutes of Nevada, Page 1599 (Chapter 315, SB 241)ê

 

Ê Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, the arbitrator shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.

      [6.]7.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.

      [7.]8.  If the parties do not enter into negotiations or do not agree within [30] 7 days after the hearing held pursuant to subsection [3,] 4, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      [8.]9.  The arbitrator shall, within 10 days after the final offers are submitted, render a decision on the basis of the criteria set forth in NRS 288.200. The arbitrator shall accept one of the written statements and shall report the decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.

      [9.]10.  The decision of the arbitrator must include a statement:

      (a) Giving the arbitrator’s reason for accepting the final offer that is the basis of the arbitrator’s award; and

      (b) Specifying the arbitrator’s estimate of the total cost of the award.

      [10.]11.  Within 45 days after the receipt of the decision from the arbitrator, the board of trustees of the school district shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues submitted pursuant to subsection [2;] 3;

      (b) The statement of the arbitrator pursuant to subsection [9;] 10; and

      (c) The overall fiscal impact of the decision which must not include a discussion of the details of the decision.

Ê The arbitrator must not be asked to discuss the decision during the meeting.

      [11.]12.  The superintendent of the school district shall report to the board of trustees the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      [12.]13.  As used in this section:

      (a) “Educational support personnel” means all classified employees of a school district, other than teachers, who are represented by an employee organization.

      (b) “Teacher” means an employee of a school district who is licensed to teach in this State and who is represented by an employee organization.

      Sec. 1.7. NRS 288.280 is hereby amended to read as follows:

      288.280  Any controversy concerning prohibited practices may be submitted to the Board in the same manner and with the same effect as provided in NRS 288.110, except that an alleged failure to provide information as provided by NRS 288.180 [shall] must be heard and determined by the Board as soon as possible after the complaint is filed with the Board [.]

 


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

ê2015 Statutes of Nevada, Page 1600 (Chapter 315, SB 241)ê

 

the Board [.] and, in any case, not later than 45 days after the Board decides to hear the complaint, unless the parties agree to waive this requirement.

      Sec. 1.8. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.9 and 1.95 of this act.

      Sec. 1.9. 1.  During the first 3 years of his or her employment by a school district in the position of principal, a principal is employed at-will in that position. A principal who is reassigned pursuant to this subsection is entitled to a written statement of the reason for the reassignment. If the principal was previously employed by the school district in another position and is reassigned pursuant to this section, the principal is entitled to be assigned to his or her former position at the rate of compensation provided for that position.

      2.  A principal who completes the probationary period provided by NRS 391.3197 in the position of principal is again employed at-will if, in each of 2 consecutive school years:

      (a) The rating of the school to which the principal is assigned, as determined by the Department pursuant to the statewide system of accountability for public schools, is reduced by one or more levels; and

      (b) Fifty percent or more of the teachers assigned to the school request a transfer to another school.

      3.  If the events described in paragraphs (a) and (b) of subsection 2 occur with respect to a school for any school year, the school district shall conduct a survey of the teachers assigned to the school to evaluate conditions at the school and the reasons given by teachers who requested a transfer to another school. The results of the survey do not affect the employment status of the principal of the school.

      4.  A principal described in subsection 2 is subject to immediate dismissal by the board of trustees of the school district on recommendation of the superintendent and is entitled, on dismissal, to a written statement of the reasons for dismissal.

      Sec. 1.95. 1.  Each postprobationary administrator employed by a school district, except an administrator excluded from any bargaining unit pursuant to NRS 288.170 or a principal, must apply to the superintendent for reappointment to his or her administrative position every 5 years.

      2.  If an administrator is not reappointed to his or her administrative position pursuant to this section and was previously employed by the school district in another position, the administrator is entitled to be assigned to his or her former position at the rate of compensation provided for that position.

      Sec. 2. NRS 391.166 is hereby amended to read as follows:

      391.166  1.  There is hereby created the Grant Fund for Incentives for Licensed Educational Personnel to be administered by the Department. The Department may accept gifts and grants from any source for deposit in the Grant Fund.

      2.  The board of trustees of each school district shall establish a program of incentive pay for licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level which must be designed to attract and retain those employees. The program must be negotiated pursuant to chapter 288 of NRS , insofar as the provisions of that chapter apply to those employees, and must include, without limitation, the attraction and retention of:

 


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

ê2015 Statutes of Nevada, Page 1601 (Chapter 315, SB 241)ê

 

      (a) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in this State or another state and who are employed in schools which are at-risk, as determined by the Department pursuant to subsection 8; and

      (b) Teachers who hold a license or endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the Superintendent of Public Instruction.

      3.  A program of incentive pay established by a school district must specify the type of financial incentives offered to the licensed educational personnel. Money available for the program must not be used to negotiate the salaries of individual employees who participate in the program.

      4.  If the board of trustees of a school district wishes to receive a grant of money from the Grant Fund, the board of trustees shall submit to the Department an application on a form prescribed by the Department. The application must include a description of the program of incentive pay established by the school district.

      5.  The Superintendent of Public Instruction shall compile a list of the financial incentives recommended by each school district that submitted an application. On or before December 1 of each year, the Superintendent shall submit the list to the Interim Finance Committee for its approval of the recommended incentives.

      6.  After approval of the list of incentives by the Interim Finance Committee pursuant to subsection 5 and within the limits of money available in the Grant Fund, the Department shall provide grants of money to each school district that submits an application pursuant to subsection 4 based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program submitted to the Department, the amount of money available must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district that submitted an application.

      7.  An individual employee may not receive as a financial incentive pursuant to a program an amount of money that is more than $3,500 per year.

      8.  The Department shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1 of each year and include, without limitation, the following factors:

      (a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;

      (b) The transiency rate of pupils;

      (c) The percentage of pupils who are limited English proficient;

      (d) The percentage of pupils who have individualized education programs; and

      (e) The percentage of pupils who drop out of high school before graduation.

      9.  The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2.

 


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

ê2015 Statutes of Nevada, Page 1602 (Chapter 315, SB 241)ê

 

without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2. On or before December 1 of each year, the board of trustees shall submit a report of its evaluation to the:

      (a) Governor;

      (b) State Board;

      (c) Interim Finance Committee;

      (d) If the report is submitted in an even-numbered year, Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

      (e) Legislative Committee on Education.

      Sec. 3. NRS 391.168 is hereby amended to read as follows:

      391.168  1.  The board of trustees of each school district shall:

      (a) Establish a program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators which must be negotiated pursuant to chapter 288 of NRS [;] , insofar as the provisions of that chapter apply to those employees; and

      (b) Commencing with the 2015-2016 school year, implement the program established pursuant to paragraph (a).

      2.  The program of performance pay and enhanced compensation established by a school district pursuant to subsection 1 must have as its primary focus the improvement in the academic achievement of pupils and must give appropriate consideration to implementation in at-risk schools. In addition, the program may include, without limitation, the following components:

      (a) Career leadership advancement options to maximize the retention of teachers in the classroom and the retention of administrators;

      (b) Professional development;

      (c) Group incentives; and

      (d) Multiple assessments of individual teachers and administrators, with primary emphasis on individual pupil improvement and growth in academic achievement, including, without limitation, portfolios of instruction, leadership and professional growth, and other appropriate measures of teacher and administrator performance which must be considered.

      Sec. 3.3. NRS 391.311 is hereby amended to read as follows:

      391.311  As used in NRS 391.311 to 391.3197, inclusive, and sections 1.9 and 1.95 of this act unless the context otherwise requires:

      1.  “Administrator” means any employee who holds a license as an administrator and who is employed in that capacity by a school district.

      2.  “Board” means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, and sections 1.9 and 1.95 of this act is employed.

      3.  “Demotion” means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.

      4.  “Immorality” means:

      (a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or

 


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

ê2015 Statutes of Nevada, Page 1603 (Chapter 315, SB 241)ê

 

      (b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, “sexual conduct” has the meaning ascribed to it in NRS 201.520.

      5.  “Postprobationary employee” means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment. The term does not include a person who is deemed to be a probationary employee pursuant to NRS 391.3129.

      6.  “Probationary employee” means:

      (a) An administrator or a teacher who is employed for the period set forth in NRS 391.3197; and

      (b) A person who is deemed to be a probationary employee pursuant to NRS 391.3129.

      7.  “Superintendent” means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.

      8.  “Teacher” means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.

      Sec. 3.5. NRS 391.3115 is hereby amended to read as follows:

      391.3115  1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:

      (a) Substitute teachers; or

      (b) Adult education teachers.

      2.  The admonition, demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3194, inclusive, do not apply to:

      (a) A probationary teacher. The policy for evaluations prescribed in NRS 391.3125 and 391.3128 applies to a probationary teacher.

      (b) A principal described in subsection 1 of section 1.9 of this act with respect to his or her employment as a principal.

      (c) A principal who is employed at-will pursuant to subsection 2 of section 1.9 of this act.

      (d) An administrator described in subsection 2 of section 1.95 of this act.

      (e) A new employee who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal. [The]

Ê Insofar as it is consistent with the provisions of sections 1.9 and 1.95 of this act, the policy for evaluations prescribed in NRS 391.3127 and 391.3128 applies to [such a probationary] any administrator [.] described in this subsection.

      3.  The admonition, demotion and suspension provisions of NRS 391.311 to 391.3194, inclusive, do not apply to a postprobationary teacher who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal, with respect to his or her employment in the administrative position.

 


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

ê2015 Statutes of Nevada, Page 1604 (Chapter 315, SB 241)ê

 

with respect to his or her employment in the administrative position. The policy for evaluations prescribed in NRS 391.3127 and 391.3128 applies to such a probationary administrator.

      4.  The provisions of NRS 391.311 to 391.3194, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for failure to maintain a license in force.

      5.  A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employee’s leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to them.

      Sec. 4. NRS 391.3116 is hereby amended to read as follows:

      391.3116  Excluding the provisions of NRS 391.3129, and sections 1.9 and 1.95 of this act, the provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a teacher [, administrator,] or other licensed employee who has entered into a contract with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the board’s right to dismiss or refuse to reemploy the employee . [or demote an administrator.]

      Sec. 4.2. NRS 391.3127 is hereby amended to read as follows:

      391.3127  Except as otherwise provided in sections 1.9 and 1.95 of this act:

      1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must provide for the evaluation of those administrators who provide primarily administrative services at the school level and who do not provide primarily direct instructional services to pupils, regardless of whether such an administrator is licensed as a teacher or administrator, including, without limitation, a principal and a vice principal. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. The policy must set forth a means according to which an administrator’s overall performance is determined to be highly effective, effective, minimally effective or ineffective. Except as otherwise provided in subsection 8, the policy must require that pupil achievement data, as prescribed by the State Board pursuant to NRS 391.465, account for at least 50 percent of the evaluation. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

      2.  The person charged with the evaluation of an administrator pursuant to this section shall hold a conference with the administrator before and after each scheduled observation of the administrator during the school year.

 


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

ê2015 Statutes of Nevada, Page 1605 (Chapter 315, SB 241)ê

 

      3.  A probationary administrator must be evaluated three times during each school year of his or her probationary employment. Each evaluation must include at least one scheduled observation of the probationary administrator during the school year as follows:

      (a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      4.  If a postprobationary administrator receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary administrator must be evaluated three times in the immediately succeeding school year in accordance with the observation schedule set forth in subsection 3. If a postprobationary administrator is evaluated three times in a school year and he or she receives an evaluation designating his or her overall performance as minimally effective or ineffective on the first or second evaluation, or both evaluations, the postprobationary administrator may request that the third evaluation be conducted by another administrator. If a postprobationary administrator requests that his or her third evaluation be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary administrator from a list of three candidates submitted by the superintendent.

      5.  If a postprobationary administrator receives an evaluation designating his or her overall performance as effective, the postprobationary administrator must be evaluated one time in the immediately succeeding school year. The evaluation must include at least two scheduled observations as follows:

      (a) The first scheduled observation must occur within 80 days after the first day of instruction of the school year; and

      (b) The second scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      6.  If a postprobationary administrator receives an evaluation designating his or her overall performance as highly effective, the postprobationary administrator must be evaluated one time in the immediately succeeding school year. The evaluation must include at least one scheduled observation which must occur within 120 days after the first day of instruction of the school year.

      7.  The evaluation of an administrator pursuant to this section must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:

      (a) An evaluation of the instructional leadership practices of the administrator at the school;

      (b) An evaluation of the professional responsibilities of the administrator to support learning and promote the effectiveness of the school community;

      (c) Except as otherwise provided in subsection 8, an evaluation of the performance of pupils enrolled in the school;

 


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

ê2015 Statutes of Nevada, Page 1606 (Chapter 315, SB 241)ê

 

      (d) An evaluation of whether the administrator employs practices and strategies to involve and engage the parents and families of pupils enrolled in the school;

      (e) Recommendations for improvements in the performance of the administrator; and

      (f) A description of the action that will be taken to assist the administrator in the areas of instructional leadership practice, professional responsibilities and the performance of pupils.

      8.  The evaluation of a probationary administrator in his or her initial year of probationary employment must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.3129.

      9.  Each probationary administrator is subject to the provisions of NRS 391.3128 and 391.3197.

      10.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

      Sec. 4.4. NRS 391.3129 is hereby amended to read as follows:

      391.3129  [A] Except as otherwise provided in section 1.9 of this act, a postprobationary employee who receives an evaluation designating his or her overall performance as:

      1.  If evaluated pursuant to NRS 391.3125 or 391.3127, as applicable:

      (a) Minimally effective;

      (b) Ineffective; or

      (c) Minimally effective during 1 year of the 2-year consecutive period and ineffective during the other year of the period; or

      2.  If evaluated pursuant to any other system of evaluation, any designation which indicates that the overall performance of the employee is below average,

Ê for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.311 to 391.3197, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.3197.

      Sec. 4.6. NRS 391.317 is hereby amended to read as follows:

      391.317  Except as otherwise provided in sections 1.9 and 1.95 of this act:

      1.  At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendent’s intention to make the recommendation.

      2.  The notice must:

      (a) Inform the licensed employee of the grounds for the recommendation.

 


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

ê2015 Statutes of Nevada, Page 1607 (Chapter 315, SB 241)ê

 

      (b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer pursuant to NRS 391.315 to 391.3194, inclusive, or if a dismissal of the employee will occur before the completion of the current school year or if the employee is deemed to be a probationary employee pursuant to NRS 391.3129 and dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.

      (c) Refer to chapter 391 of NRS.

      3.  If a postprobationary employee or an employee who is deemed to be a probationary employee pursuant to NRS 391.3129 receives notice that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.3161, 391.3192 and 391.3193 do not apply.

      Sec. 4.8. NRS 391.3197 is hereby amended to read as follows:

      391.3197  Except as otherwise provided in section 1.9 of this act:

      1.  A probationary employee is employed on a contract basis for three 1-year periods and has no right to employment after any of the three probationary contract years.

      2.  The board shall notify each probationary employee in writing on or before May 1 of the first, second and third school years of the employee’s probationary period, as appropriate, whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify the probationary employee in writing on or before May 1 in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing on or before May 10 of the first, second or third year of the employee’s probationary period, as appropriate, of the employee’s acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in the first, second and third years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.

      3.  A probationary employee who:

      (a) Completes a 3-year probationary period;

      (b) Receives a designation of “highly effective” or “effective” on each of his or her performance evaluations for 2 consecutive school years; and

      (c) Receives a notice of reemployment from the school district in the third year of the employee’s probationary period,

 


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

ê2015 Statutes of Nevada, Page 1608 (Chapter 315, SB 241)ê

 

Ê is entitled to be a postprobationary employee in the ensuing year of employment.

      4.  If a probationary employee is notified that the employee will not be reemployed for the school year following the 3-year probationary period, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

      5.  A new employee who is employed as an administrator to provide primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, or a postprobationary teacher who is employed as an administrator to provide those administrative services shall be deemed to be a probationary employee for the purposes of this section and must serve a 3-year probationary period as an administrator in accordance with the provisions of this section. If:

      (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after any year of his or her probationary period; and

      (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

      6.  An administrator who has completed his or her probationary period pursuant to subsection 5 and is thereafter promoted to the position of principal must serve an additional probationary period of [1 year] 2 years in the position of principal. If an administrator is promoted to the position of principal before completion of his or her probationary period pursuant to subsection 5, the administrator must serve the remainder of his or her probationary period pursuant to subsection 5 or an additional probationary period of [1 year] 2 years in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

      7.  If a probationary employee receives notice that he or she will be dismissed before the completion of the current school year, the probationary employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization.

      Sec. 5.  Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any contract of employment or collective bargaining agreement entered into before the effective date of this act, but do apply to any extension or renewal of such an agreement and to any agreement entered into on or after the effective date of this act.

 


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

ê2015 Statutes of Nevada, Page 1609 (Chapter 315, SB 241)ê

 

into on or after the effective date of this act. For the purposes of this section, the term of an agreement ends on the date provided in the agreement, notwithstanding any provision of the agreement that it remains in effect, in whole or in part, after that date until a successor agreement becomes effective.

      Sec. 6.  This act becomes effective upon passage and approval.

________

CHAPTER 316, SB 239

Senate Bill No. 239–Senator Roberson

 

CHAPTER 316

 

[Approved: June 1, 2015]

 

AN ACT relating to real property; authorizing certain persons to file a notice to terminate an equity line of credit secured by a deed of trust or mortgage; authorizing certain persons to file a written instruction to suspend and close an equity line of credit secured by a deed of trust or mortgage; authorizing certain trustees to file a declaration of nonmonetary status under certain circumstances; revising provisions governing an action to declare void a trustee’s sale; authorizing a beneficiary to substitute as trustee for the purpose of reconveying a deed of trust; providing that a failure to comply with the provisions of law governing a trustee’s sale does not affect the validity of a sale in favor of a bona fide purchaser; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, within 21 days after receiving notice that a debt secured by a mortgage has been paid or otherwise satisfied or discharged, the mortgagee is required to record a discharge of the mortgage. (NRS 106.290) Existing federal law relating to lending practices also specifies certain circumstances under which a lender may reduce or terminate a home equity line of credit. (Truth in Lending Act, 12 C.F.R. Part 1026) Section 1 of this bill authorizes certain persons to provide a written request to terminate an equity line of credit secured by a deed of trust or mortgage. Section 1 also requires a lender upon receipt of such notice to: (1) terminate the borrower’s right to obtain advances under the equity line of credit; (2) apply certain sums paid to the satisfaction of the equity line of credit; and (3) record a reconveyance or certificate of discharge of the security instrument when the balance becomes zero. Section 1 also authorizes certain persons to provide a written instruction from a borrower to suspend and close an equity line of credit secured by a deed of trust or mortgage. Section 1 provides the content of the written instruction and requires a lender upon receipt of such an instruction to suspend the equity line of credit for a minimum of 30 days. When the lender is in possession of both the instruction and payment, section 1 requires the lender to: (1) close the equity line of credit; and (2) release or reconvey the property securing the equity line of credit.

      Existing law: (1) prescribes certain qualifications and duties of a trustee under a deed of trust; (2) provides for a civil action against a trustee under certain circumstances; and (3) prohibits a beneficiary from reconveying a deed of trust, unless the beneficiary meets certain qualifications to act as a trustee. (NRS 107.028) Section 2 of this bill: (1) authorizes certain trustees to file a declaration of nonmonetary status if the trustee is named as a party to a civil action under certain circumstances; and (2) authorizes a party to the action to file an objection to a trustee’s declaration of nonmonetary status.

 


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

ê2015 Statutes of Nevada, Page 1610 (Chapter 316, SB 239)ê

 

trustee’s declaration of nonmonetary status. If no such objection is timely made or if a court does not determine that an objection is valid, the trustee is no longer required to participate in the action and is not subject to any damages or attorney’s fees or costs. Section 3 of this bill authorizes a beneficiary to substitute and act as trustee for the purpose of partially or fully reconveying a deed of trust.

      Existing law provides that a sale by the trustee under a deed of trust must be declared void by a court of competent jurisdiction if: (1) the trustee or a person authorized to make the sale does not substantially comply with certain provisions of existing law governing the exercise of the trustee’s power of sale; and (2) an action is commenced in the county where the sale took place within 45 days after the date of the sale or, if the notice of default and election to sell or the notice of sale is not provided to certain persons in accordance with existing law, within 60 days after the person received actual notice of sale. Existing law also requires a trustee or a successful bidder at a trustee’s sale of property to record a trustee’s deed upon sale not later than 30 days after the trustee’s sale of the property. (NRS 107.080) Under section 4 of this bill: (1) not later than 5 days after a trustee’s deed upon sale is recorded, the trustee or successful bidder at the trustee’s sale must post conspicuously on the property a notice of trustee’s sale, although failure to do so does not affect the validity of a sale to a bona fide purchaser for value without knowledge of the failure; (2) an action to declare void a trustee’s sale must be commenced within 30 days after the recording of the trustee’s deed upon sale or, in certain circumstances, within 90 days after the date of the sale; and (3) after the expiration of the period for commencing an action to declare void a trustee’s sale, any failure to comply with a provision of existing law governing the exercise of the trustee’s power of sale does not affect the rights of a bona fide purchaser.

 

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 106 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon receipt of a written request from an authorized person to terminate an equity line of credit secured by a mortgage or deed of trust, the lender shall:

      (a) Terminate the borrower’s right to obtain advances under the borrower’s equity line of credit;

      (b) Apply all sums subsequently paid by or on behalf of the borrower in connection with the equity line of credit to the satisfaction of the equity line of credit and other sums secured by the related security instrument; and

      (c) When the balance of all outstanding sums secured by the related security instrument becomes zero, record a reconveyance or certificate of discharge of the security instrument.

      2.  Upon receipt from an authorized person of an instruction from a borrower to suspend and close an equity line of credit, the lender shall suspend the equity line of credit for a minimum of 30 days if the instruction is:

      (a) Prepared and presented to the lender by the authorized person;

      (b) Signed by the borrower; and

      (c) Made in substantially the following form:

 


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

ê2015 Statutes of Nevada, Page 1611 (Chapter 316, SB 239)ê

 

BORROWER’S INSTRUCTION TO SUSPEND AND CLOSE EQUITY LINE OF CREDIT

 

Lender: [Name of lender]

Borrower: [Name of borrower]

Account number of equity line of credit: [Account number]

Address of encumbered property: [Property address]

Escrow agent or settlement agent: [Name of agent]

 

In connection with a sale or refinance of the above-referenced property, my escrow agent or settlement agent has requested a payoff demand statement for the above-described equity line of credit. I understand that my ability to use this equity line of credit has been suspended for at least 30 days to accommodate this pending transaction. I understand that I cannot use any credit card, debit card or check associated with this equity line of credit while it is suspended, and all amounts of money will be due and payable upon close of escrow. I also understand that when payment is made in accordance with the payoff demand statement, my equity line of credit will be closed. If any amounts of money remain due after the payment is made, I understand that I will remain personally liable for those amounts of money even if the equity line of credit has been closed and the property released.

 

This is my written authorization and instruction that you are to close my equity line of credit and cause the secured lien against this property to be released when you are in receipt of both this instruction and payment in accordance with your payoff demand statement.

 

(Date)

 

(Signature of each borrower)

 

      3.  If a lender is in receipt of an instruction from a borrower to suspend and close an equity line of credit and payment in accordance with the payoff demand statement, the lender shall:

      (a) Close the equity line of credit; and

      (b) Release or reconvey the property securing the equity line of credit as provided in this chapter.

      4.  A lender may conclusively rely on a representation by the authorized person that presents an instruction of a borrower to suspend and close an equity line of credit that the instruction is that of the borrower.

      5.  As used in this section:

      (a) “Authorized person” includes:

             (1) A title agent as defined in NRS 692A.060;

             (2) A title insurer as defined in NRS 692A.070; and

             (3) An escrow agency as defined in NRS 645A.010.

 


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

ê2015 Statutes of Nevada, Page 1612 (Chapter 316, SB 239)ê

 

      (b) “Receipt of a written request” includes confirmation by facsimile, electronic record, as defined in NRS 719.090, or paper copy sent by certified mail.

      Sec. 2. Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the trustee under a deed of trust is named in an action in which the deed of trust is the subject and the trustee has a reasonable belief that he or she has been named in the action solely in his or her capacity as trustee and not as a result of any wrongful act or omission made in the performance of his or her duties as trustee, the trustee may, at any time, file a declaration of nonmonetary status. The declaration must be served on the parties in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure and must include:

      (a) The status of the trustee as trustee under the deed of trust; and

      (b) The basis for the trustee’s reasonable belief that he or she has been named as a defendant in the action solely in his or her capacity as trustee and not as a result of any wrongful act or omission made in the performance of his or her duties as trustee.

      2.  Upon the filing of a declaration of nonmonetary status pursuant to subsection 1, the time in which the trustee is required to file an answer or any other responsive pleading is tolled until notice is given of an order granting an objection to the declaration of nonmonetary status, from which date the trustee has 30 days to file an answer or any other responsive pleading to the complaint.

      3.  Any party that has appeared in an action described in subsection 1 has 15 days after the date of service of the declaration of nonmonetary status to file an objection. Any objection filed pursuant to this subsection must set forth the factual basis on which the objection is based and must be served on the trustee.

      4.  If a timely objection is made pursuant to subsection 3, the court shall promptly examine the declaration of nonmonetary status and the objection and shall issue an order as to the validity of the objection. If the court determines the objection is valid, the trustee is required to participate in the action.

      5.  If no objection is raised within the 15-day period pursuant to subsection 3 or if the court determines the objection is invalid, the trustee is not required to participate any further in the action and is not subject to any money damages or attorney’s fees or costs, except that the trustee is required to respond to any discovery request as a nonparty participant and is bound by any court order relating to the deed of trust.

      6.  If, at any time during the proceedings under this section, the parties to the action acquire newly discovered evidence indicating the trustee should be made a participant in the action as a result of the trustee’s performance of his or her duties as trustee, the parties may file a motion to amend the pleadings pursuant to Rule 15 of the Nevada Rules of Civil Procedure.

      7.  For the purposes of this section, “trustee” includes any agent or employee of the trustee who performs some or all the duties of a trustee under this chapter and includes substitute trustees and agents of the beneficiary or trustee.

 


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

ê2015 Statutes of Nevada, Page 1613 (Chapter 316, SB 239)ê

 

      Sec. 3. NRS 107.028 is hereby amended to read as follows:

      107.028  1.  [The] Except as otherwise provided in subsection 4, the trustee under a deed of trust must be:

      (a) An attorney licensed to practice law in this State;

      (b) A title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS;

      (c) A person licensed pursuant to chapter 669 of NRS;

      (d) A domestic or foreign entity which holds a current state business license issued by the Secretary of State pursuant to chapter 76 of NRS;

      (e) A person who does business under the laws of this State, the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies;

      (f) A person who is appointed as a fiduciary pursuant to NRS 662.245;

      (g) A person who acts as a registered agent for a domestic or foreign corporation, limited-liability company, limited partnership or limited-liability partnership;

      (h) A person who acts as a trustee of a trust holding real property for the primary purpose of facilitating any transaction with respect to real estate if he or she is not regularly engaged in the business of acting as a trustee for such trusts;

      (i) A person who engages in the business of a collection agency pursuant to chapter 649 of NRS; or

      (j) A person who engages in the business of an escrow agency, escrow agent or escrow officer pursuant to the provisions of chapter 645A or 692A of NRS.

      2.  A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.

      3.  A trustee under a deed of trust must not:

      (a) Lend its name or its corporate capacity to any person who is not qualified to be the trustee under a deed of trust pursuant to subsection 1.

      (b) Act individually or in concert with any other person to circumvent the requirements of subsection 1.

      4.  A beneficiary of record may [replace] :

      (a) Replace its trustee with another trustee [.] ; or

      (b) Substitute as trustee only for the purposes of executing a substitution of trustee and a full or partial reconveyance of a deed of trust.

      5.  The appointment of a new trustee is not effective until the substitution of trustee is recorded in the office of the recorder of the county in which the real property is located.

      [5.]6.  The trustee does not have a fiduciary obligation to the grantor or any other person having an interest in the property which is subject to the deed of trust. The trustee shall act impartially and in good faith with respect to the deed of trust and shall act in accordance with the laws of this State. A rebuttable presumption that a trustee has acted impartially and in good faith exists if the trustee acts in compliance with the provisions of NRS 107.080. In performing acts required by NRS 107.080, the trustee incurs no liability for any good faith error resulting from reliance on information provided by the beneficiary regarding the nature and the amount of the default under the obligation secured by the deed of trust if the trustee corrects the good faith error not later than 20 days after discovering the error.

 


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

ê2015 Statutes of Nevada, Page 1614 (Chapter 316, SB 239)ê

 

      [6.]7.  If, in an action brought by a grantor, a person who holds title of record or a beneficiary in the district court in and for the county in which the real property is located, the court finds that the trustee did not comply with this section, any other provision of this chapter or any applicable provision of chapter 106 or 205 of NRS, the court must award to the grantor, the person who holds title of record or the beneficiary:

      (a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

      (b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

      (c) Reasonable attorney’s fees and costs,

Ê unless the court finds good cause for a different award.

      Sec. 4. NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 106.210, 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

             (2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.

      (b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.

      (c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation which, except as otherwise provided in this paragraph, includes a notarized affidavit of authority to exercise the power of sale. Except as otherwise provided in subparagraph (5), the affidavit required by this paragraph must state under the penalty of perjury the following information, which must be based on the direct, personal knowledge of the affiant or the personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135:

 


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

ê2015 Statutes of Nevada, Page 1615 (Chapter 316, SB 239)ê

 

the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135:

             (1) The full name and business address of the current trustee or the current trustee’s personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the current servicer of the obligation or debt secured by the deed of trust.

             (2) That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust or that the beneficiary or its successor in interest or the trustee is entitled to enforce the obligation or debt secured by the deed of trust. For the purposes of this subparagraph, if the obligation or debt is an instrument, as defined in subsection 2 of NRS 104.3103, a beneficiary or its successor in interest or the trustee is entitled to enforce the instrument if the beneficiary or its successor in interest or the trustee is:

                   (I) The holder of the instrument;

                   (II) A nonholder in possession of the instrument who has the rights of a holder; or

                   (III) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to a court order issued under NRS 104.3309.

             (3) That the beneficiary or its successor in interest, the servicer of the obligation or debt secured by the deed of trust or the trustee, or an attorney representing any of those persons, has sent to the obligor or borrower of the obligation or debt secured by the deed of trust a written statement of:

                   (I) The amount of payment required to make good the deficiency in performance or payment, avoid the exercise of the power of sale and reinstate the terms and conditions of the underlying obligation or debt existing before the deficiency in performance or payment, as of the date of the statement;

                   (II) The amount in default;

                   (III) The principal amount of the obligation or debt secured by the deed of trust;

                   (IV) The amount of accrued interest and late charges;

                   (V) A good faith estimate of all fees imposed in connection with the exercise of the power of sale; and

                   (VI) Contact information for obtaining the most current amounts due and the local or toll-free telephone number described in subparagraph (4).

             (4) A local or toll-free telephone number that the obligor or borrower of the obligation or debt may call to receive the most current amounts due and a recitation of the information contained in the affidavit.

             (5) The date and the recordation number or other unique designation of, and the name of each assignee under, each recorded assignment of the deed of trust. The information required to be stated in the affidavit pursuant to this subparagraph may be based on:

                   (I) The direct, personal knowledge of the affiant;

                   (II) The personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135;

 


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

ê2015 Statutes of Nevada, Page 1616 (Chapter 316, SB 239)ê

 

the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135;

                   (III) Information contained in the records of the recorder of the county in which the property is located; or

                   (IV) The title guaranty or title insurance issued by a title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS.

Ê The affidavit described in this paragraph is not required for the exercise of the trustee’s power of sale with respect to any trust agreement which concerns a time share within a time-share plan created pursuant to chapter 119A of NRS if the power of sale is being exercised for the initial beneficiary under the deed of trust or an affiliate of the initial beneficiary.

      (d) The beneficiary or its successor in interest or the servicer of the obligation or debt secured by the deed of trust has instructed the trustee to exercise the power of sale with respect to the property.

      (e) Not less than 3 months have elapsed after the recording of the notice or, if the notice includes an affidavit and a certification indicating that, pursuant to NRS 107.130, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property, not less than 60 days have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:

      (a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2;

      (b) If the property is subject to the requirements of NRS 107.400 to 107.560, inclusive, contain the declaration required by subsection 6 of NRS 107.510;

      (c) If, pursuant to NRS 107.130, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property, include the affidavit and certification required by subsection 6 of NRS 107.130; and

      (d) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the applicable period specified in paragraph (d) of subsection 2 following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

 


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

ê2015 Statutes of Nevada, Page 1617 (Chapter 316, SB 239)ê

 

applicable period specified in paragraph (d) of subsection 2 following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in a public place in the county where the property is situated;

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560; and

      (d) If the property is a residential foreclosure, complying with the provisions of NRS 107.087.

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. [A] Except as otherwise provided in subsection 7, a sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if:

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;

      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within [45] 30 days after the date [of the sale;] on which the trustee’s deed upon sale is recorded pursuant to subsection 10 in the office of the county recorder of the county in which the property is located; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within [15] 5 days after commencement of the action.

      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within [60] 90 days after the date [on which the person received actual notice] of the sale.

      7.  Upon expiration of the time for commencing an action which is set forth in subsections 5 and 6, any failure to comply with the provisions of this section or any other provision of this chapter does not affect the rights of a bona fide purchaser as described in NRS 111.180.

      8.  If, in an action brought by the grantor or the person who holds title of record in the district court in and for the county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:

 


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

ê2015 Statutes of Nevada, Page 1618 (Chapter 316, SB 239)ê

 

beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:

      (a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

      (b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

      (c) Reasonable attorney’s fees and costs,

Ê unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.

      [8.]9.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      [9.]10.  After a sale of property is conducted pursuant to this section, the trustee shall:

      (a) Within 30 days after the date of the sale, record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located; or

      (b) Within 20 days after the date of the sale, deliver the trustee’s deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located.

      [10.]11. Within 5 days after recording the trustee’s deed upon sale, the trustee or successful bidder, whoever recorded the trustee’s deed upon sale pursuant to subsection 10, shall cause a copy of the trustee’s deed upon sale to be posted conspicuously on the property. The failure of a trustee or successful bidder to effect the posting required by this subsection does not affect the validity of a sale of the property to a bona fide purchaser for value without knowledge of the failure.

      12.  If the successful bidder fails to record the trustee’s deed upon sale pursuant to paragraph (b) of subsection [9,] 10, the successful bidder:

      (a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

      (b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection [9] 10 and for reasonable attorney’s fees and the costs of bringing the action.

      [11.]13.  The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:

      (a) A fee of $150 for deposit in the State General Fund.

      (b) A fee of $45 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.

      (c) A fee of $5 to be paid over to the county treasurer on or before the fifth day of each month for the preceding calendar month. The county recorder may direct that 1.5 percent of the fees collected by the county recorder pursuant to this paragraph be transferred into a special account for use by the office of the county recorder.

 


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

ê2015 Statutes of Nevada, Page 1619 (Chapter 316, SB 239)ê

 

use by the office of the county recorder. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the county recorder pursuant to this paragraph.

      [12.]14.  The fees collected pursuant to paragraphs (a) and (b) of subsection [11] 13 must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation as prescribed pursuant to subsection [11.] 13. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in subsection [11.] 13.

      [13.]15.  The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection [11.] 13.

      [14.]16.  As used in this section:

      (a) “Residential foreclosure” means the sale of a single family residence under a power of sale granted by this section. As used in this paragraph, “single family residence”:

             (1) Means a structure that is comprised of not more than four units.

             (2) Does not include vacant land or any time share or other property regulated under chapter 119A of NRS.

      (b) “Trustee” means the trustee of record.

      Sec. 5. NRS 645B.340 is hereby amended to read as follows:

      645B.340  1.  Except as otherwise provided by law or by agreement between the parties and regardless of the date the interests were created, if the beneficial interest in a loan or the ownership interest in the real property previously securing the loan belongs to more than one person, the holders of the beneficial interest in a loan whose interests represent 51 percent or more of the outstanding principal balance of the loan or the holders of 51 percent or more of the ownership interest in the real property, as indicated on a trustee’s deed upon sale recorded pursuant to subsection [9] 10 of NRS 107.080, a deed recorded pursuant to subsection 5 of NRS 40.430 or a deed in lieu of foreclosure, and any subsequent deed selling, transferring or assigning an ownership interest, may act on behalf of all the holders of the beneficial interests or ownership interests of record on matters which require the action of the holders of the beneficial interests in the loan or the ownership interests in the real property, including, without limitation:

      (a) The designation of a mortgage broker or mortgage agent, servicing agent or any other person to act on behalf of all the holders of the beneficial interests or ownership interests of record;

      (b) The foreclosure of the property for which the loan was made;

      (c) The subsequent sale, transfer, encumbrance or lease of real property owned by the holders resulting from a foreclosure or the receipt of a deed in lieu of a foreclosure in full satisfaction of a loan, to a bona fide purchaser or encumbrancer for value;

 


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

ê2015 Statutes of Nevada, Page 1620 (Chapter 316, SB 239)ê

 

      (d) The release of any obligation under a loan in return for an interest in equity in the real property or, if the loan was made to a person other than a natural person, an interest in equity of that entity; and

      (e) The modification or restructuring of any term of the loan, deed of trust or other document relating to the loan, including, without limitation, changes to the maturity date, interest rate and the acceptance of payment of less than the full amount of the loan and any accrued interest in full satisfaction of the loan.

      2.  A person designated to act pursuant to subsection 1 on behalf of the holders of the beneficial interest in a loan or the ownership interest in real property shall, not later than 30 days before the date on which the holders will determine whether or not to act pursuant to subsection 1, send a written notice of the action to each holder of a beneficial interest or ownership interest at the holder’s last known address, by a delivery service that provides proof of delivery or evidence that the notice was sent. The written notice must state:

      (a) The actions that will be taken on behalf of the holders who consent to an action pursuant to this section, if the holders of the beneficial interest in a loan whose interests represent 51 percent or more of the outstanding principal balance of the loan or the holders of 51 percent or more of the ownership interest in the real property act pursuant to subsection 1;

      (b) The actions that will be taken on behalf of the holders who do not consent to an action pursuant to this section, if the holders of the beneficial interest in a loan whose interests represent 51 percent or more of the outstanding principal balance of the loan or the holders of 51 percent or more of the ownership interest in the real property act pursuant to subsection 1; and

      (c) The amount of the costs or, if an amount is unknown, an estimate of the amount of the costs that will be allocated to, or due from, the holder and deducted from any proceeds owed to the holder.

      3.  If real property is sold, transferred, encumbered or leased pursuant to paragraph (c) of subsection 1, any beneficial interest in the loan or ownership interest in the real property of a holder who does not consent to the sale, transfer, encumbrance or lease, including, without limitation, any interest of a tenant in common who does not consent to the sale, transfer, encumbrance or lease, must be sold, transferred, encumbered or leased by a reference to this section and by the signatures on the necessary documents of the holders consenting to the sale, transfer, encumbrance or lease of the real property. The holders consenting to the sale, transfer, encumbrance or lease of the real property shall designate a representative to sign any necessary documents on behalf of the holders who do not consent to the sale, transfer, encumbrance or lease and, if the representative maintains written evidence of the consent of the number of holders described in subsection 1, the representative is not liable for any action taken pursuant to this subsection.

      4.  Any action which is taken pursuant to subsection 1 must be in writing.

      5.  The provisions of this section do not apply to a transaction involving two investors with equal interests.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 


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

ê2015 Statutes of Nevada, Page 1621ê

 

CHAPTER 317, SB 188

Senate Bill No. 188–Senator Manendo

 

CHAPTER 317

 

[Approved: June 1, 2015]

 

AN ACT relating to motor vehicles; changing the word “accident” to “crash” in reference to motor vehicles; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law includes references to motor vehicle “accidents” in many sections, including, without limitation, sections dealing with the reporting of accidents, the investigation of an accident by certain law enforcement officers, the preparation of accident reports, the obligations of a party to an accident, the obligations of a garage or repair shop to the owner of a motor vehicle that has been involved in an accident, the requirements for the maintenance of liability insurance by the owner or operator of a motor vehicle, the obligations of certain motor carriers involved in an accident, and the obligations of the operator of a tow car upon towing a motor vehicle involved in an accident. (NRS 480.360, 483.400, 484A.710, 484E.050, 484E.070, 484E.100, 485.185, 706.251, 706.4479) This bill changes the word “accident” in such sections to “crash.” In those sections of existing law where the term “accident” is intended to include both a motor vehicle crash and an accidental incident of some other type, the word “accident” is amended by adding “and motor vehicle crash” or “and crash.” Section 131.3 of this bill clarifies that, for the purposes of the Nevada Insurance Code, the term “crash” has the same meaning as previous uses of the term “accident,” when used in reference to motor vehicles. Section 150.5 of this bill provides that the amendatory provisions of this bill shall be construed as nonsubstantive and that it is not the intent of the Nevada Legislature to modify any existing application, construction or interpretation of any statute which has been so amended.

 

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 480.360 is hereby amended to read as follows:

      480.360  The duties of the personnel of the Nevada Highway Patrol include, without limitation:

      1.  To police the public highways of this State, to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada and to enforce all other laws of this State when:

      (a) In the apprehension or pursuit of an offender or suspected offender;

      (b) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this State; or

      (c) Making arrests pursuant to a warrant in the officer’s possession or communicated to the officer.

      2.  To investigate [accidents] crashes on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence to prosecute any person guilty of any violation of the law contributing to the happening of such [an accident.] a crash.

 


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

ê2015 Statutes of Nevada, Page 1622 (Chapter 317, SB 188)ê

 

      3.  In conjunction with the Department of Motor Vehicles, to enforce the provisions of chapters 365, 366, 408, 482 to 486, inclusive, 487 and 706 of NRS.

      4.  To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment, and their transportation of hazardous materials and other cargo.

      5.  To maintain the repository for information concerning hazardous materials in Nevada and to carry out its duties pursuant to chapter 459 of NRS concerning the transportation of hazardous materials.

      6.  To perform such other duties in connection with those specified in this section as may be imposed by the Director.

      Sec. 2. NRS 480.600 is hereby amended to read as follows:

      480.600  The Nevada Highway Patrol and the Investigation Division of the Department shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of [an accident,] a crash, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, legal representative or insurer, as applicable, with a copy of the [accident] crash report and all statements by witnesses and photographs in the possession or under the control of the Nevada Highway Patrol or the Investigation Division that concern the [accident,] crash, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The [accident] crash involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of [an accident;] a crash; or

      (c) The commission of a felony.

      Sec. 3. NRS 481.063 is hereby amended to read as follows:

      481.063  1.  The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      2.  Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

      3.  Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

 


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

ê2015 Statutes of Nevada, Page 1623 (Chapter 317, SB 188)ê

 

      (a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

      (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

      (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

      4.  If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

      (a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

      (b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

      5.  Except as otherwise provided in subsections 2, 4 and 6 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      6.  Except as otherwise provided in paragraph (a) and subsection 7, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

      (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

      (c) In connection with matters relating to:

             (1) The safety of drivers of motor vehicles;

             (2) Safety and thefts of motor vehicles;

             (3) Emissions from motor vehicles;

             (4) Alterations of products related to motor vehicles;

 


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

ê2015 Statutes of Nevada, Page 1624 (Chapter 317, SB 188)ê

 

             (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

             (6) Monitoring the performance of motor vehicles;

             (7) Parts or accessories of motor vehicles;

             (8) Dealers of motor vehicles; or

             (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

      (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

      (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

      (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

      (g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

      (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

      (i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

      (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

      7.  Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

      (a) Each person to whom the information is provided; and

      (b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

      8.  Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

      9.  Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.

      10.  The Director shall not release any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.

 


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

ê2015 Statutes of Nevada, Page 1625 (Chapter 317, SB 188)ê

 

vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.

      11.  The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

      (a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

      (b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

      (c) Understands that a record will be maintained by the Department of any information he or she requests; and

      (d) Understands that a violation of the provisions of this section is a criminal offense.

      12.  It is unlawful for any person to:

      (a) Make a false representation to obtain any information from the files or records of the Department.

      (b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

      13.  As used in this section:

      (a) “Information relating to legal presence” means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the driver’s license that a person possesses is a driver authorization card, whether the person applied for a driver’s license pursuant to NRS 483.290 or 483.291 and the documentation used to prove name, age and residence that was provided by the person with his or her application for a driver’s license.

      (b) “Personal information” means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular [accidents] crashes or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

      (c) “Vehicle” includes, without limitation, an off-highway vehicle as defined in NRS 490.060.

      Sec. 4. NRS 482.276 is hereby amended to read as follows:

      482.276  Notwithstanding any provision of this chapter to the contrary:

      1.  Any agricultural user who wishes to obtain a license plate and decal to operate a farm tractor or self-propelled implement of husbandry on the highways of this State may submit an application to the Motor Carrier Division of the Department. Each application must be made upon the appropriate form furnished by the Department. The application must include a nonrefundable fee of $20.50 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance which provides at least $300,000 in coverage for bodily injury and property damage resulting from any single [accident] crash caused by the agricultural user while operating the farm tractor or self-propelled implement of husbandry.

 


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

ê2015 Statutes of Nevada, Page 1626 (Chapter 317, SB 188)ê

 

that the agricultural user is the holder of a policy of liability insurance which provides at least $300,000 in coverage for bodily injury and property damage resulting from any single [accident] crash caused by the agricultural user while operating the farm tractor or self-propelled implement of husbandry. As soon as practicable after receiving the application, fee and evidence of insurance, the Department shall issue the license plate and decal to the agricultural user to affix to the farm tractor or self-propelled implement of husbandry. A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal. The license plate and decal are not transferable and must be surrendered or returned to the Department within 60 days after:

      (a) A transfer of ownership or interest in the farm tractor or self-propelled implement of husbandry occurs; or

      (b) The decal expires pursuant to this subsection and the agricultural user fails to submit an application for renewal pursuant to subsection 2.

      2.  An application for the renewal of a license plate and decal issued pursuant to subsection 1 must be made upon the appropriate form furnished by the Department. The application for renewal must include a nonrefundable fee of $10 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance specified in subsection 1. As soon as practicable after receiving the application for renewal, fee and evidence of insurance, the Department shall issue a new decal to affix to the license plate. A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal.

      3.  A license plate issued pursuant to subsection 1 must be displayed on the farm tractor or self-propelled implement of husbandry in such a manner that the license plate is easily visible from the rear of the farm tractor or self-propelled implement of husbandry. If the license plate is lost or destroyed, the Department may issue a replacement plate upon the payment of a fee of 50 cents. If the decal is lost or destroyed, the Department may, upon the payment of the fee specified in subsection 2, issue a replacement decal for the farm tractor or self-propelled implement of husbandry.

      4.  Notwithstanding any provision of chapter 445B of NRS to the contrary, an agricultural user is not required to obtain a certificate of compliance or vehicle inspection report concerning the control of emissions from a farm tractor or self-propelled implement of husbandry before obtaining a license plate and decal for or operating the farm tractor or self-propelled implement of husbandry pursuant to this section.

      5.  As used in this section, “agricultural user” means any person who owns or operates a farm tractor or self-propelled implement of husbandry specified in subsection 1 for an agricultural use. As used in this subsection, “agricultural use” has the meaning ascribed to it in NRS 361A.030.

      Sec. 5. NRS 482.305 is hereby amended to read as follows:

      482.305  1.  The short-term lessor of a motor vehicle who permits the short-term lessee to operate the vehicle upon the highways, and who has not complied with NRS 482.295 insuring or otherwise covering the short-term lessee against liability arising out of his or her negligence in the operation of the rented vehicle in limits of not less than $15,000 for any one person injured or killed and $30,000 for any number more than one, injured or killed in any one [accident,] crash, and against liability of the short-term lessee for property damage in the limit of not less than $10,000 for one [accident,] crash, is jointly and severally liable with the short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the short-term lessee, except that the foregoing provisions do not confer any right of action upon any passenger in the rented vehicle against the short-term lessor.

 


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

ê2015 Statutes of Nevada, Page 1627 (Chapter 317, SB 188)ê

 

property damage in the limit of not less than $10,000 for one [accident,] crash, is jointly and severally liable with the short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the short-term lessee, except that the foregoing provisions do not confer any right of action upon any passenger in the rented vehicle against the short-term lessor. This section does not prevent the introduction as a defense of contributory negligence to the extent to which this defense is allowed in other cases.

      2.  The policy of insurance, surety bond or deposit of cash or securities inures to the benefit of any person operating the vehicle by or with the permission of the short-term lessee in the same manner, under the same conditions and to the same extent as to the short-term lessee.

      3.  The insurance policy, surety bond or deposit of cash or securities need not cover any liability incurred by the short-term lessee of any vehicle to any passenger in the vehicle; but the short-term lessor before delivering the vehicle shall give to the short-term lessee a written notice of the fact that such a policy, bond or deposit does not cover the liability which the short-term lessee may incur on account of his or her negligence in the operation of the vehicle to any passenger in the vehicle.

      4.  When any suit or action is brought against the short-term lessor under this section, the judge before whom the case is pending shall hold a preliminary hearing in the absence of the jury to determine whether the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee as required by subsection 1. Whenever it appears that the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee in the required amount, the judge shall dismiss as to the short-term lessor the action brought under this section.

      Sec. 6. NRS 482.31525 is hereby amended to read as follows:

      482.31525  “Estimated time for replacement” means the number of hours of labor, or a fraction thereof, needed to replace the damaged parts of a passenger car as set forth in a guide for estimating damage caused by a [collision] crash generally used in the business of repair of cars and commonly known as a “crash book.”

      Sec. 7. NRS 482.31535 is hereby amended to read as follows:

      482.31535  1.  Except as otherwise provided in NRS 482.3154, a short-term lessor and a short-term lessee of a passenger car may agree that the lessee will be responsible for:

      (a) Physical damage to the car, up to and including its fair market value, regardless of the cause of the damage.

      (b) Mechanical damage to the car, up to and including its fair market value, resulting from:

             (1) A [collision;] crash;

             (2) An impact; or

             (3) Any other type of incident,

Ê that is caused by a deliberate or negligent act or omission on the part of the lessee.

      (c) Loss resulting from theft of the car, up to and including its fair market value, except that the lessee is presumed to have no liability for any loss resulting from theft if an authorized driver:

 


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

ê2015 Statutes of Nevada, Page 1628 (Chapter 317, SB 188)ê

 

             (1) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

             (2) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.

Ê The lessor may rebut the presumption set forth in this paragraph by establishing that an authorized driver committed or aided and abetted the commission of the theft.

      (d) Physical damage to the car, up to and including its fair market value, resulting from vandalism occurring after or in connection with the theft of the car, except that the lessee has no liability for any damage resulting from vandalism if the lessee has no liability for theft pursuant to paragraph (c).

      (e) Physical damage to the car and loss of use of the car, up to $2,500, resulting from vandalism not related to the theft of the car and not caused by the lessee.

      (f) Loss of use of the car if the lessee is liable for damage or loss.

      (g) Actual charges for towing and storage and impound fees paid by the lessor if the lessee is liable for damage or loss.

      (h) An administrative charge that includes the cost of appraisal and other costs incident to the damage, loss, loss of use, repair or replacement of the car.

      2.  For the purposes of this section, the fair market value must be determined in the customary market for the sale of the leased passenger car.

      Sec. 8. NRS 482.3154 is hereby amended to read as follows:

      482.3154  1.  The total amount of the short-term lessee’s liability to the short-term lessor resulting from damage to a leased passenger car must not exceed the sum of the following:

      (a) The estimated cost for parts that the short-term lessor would have to pay to replace damaged parts. Any discount, price reduction or adjustment received by the lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the short-term lessee.

      (b) The estimated cost of labor to replace damaged parts of the passenger car, which must not exceed the product of:

             (1) The rate of labor usually paid by the lessor to replace parts of the type that were damaged; and

             (2) The estimated time for replacement.

Ê Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

      (c) The estimated cost of labor to repair damaged parts of the passenger car, which must not exceed the lesser of:

             (1) The product of the rate for labor usually paid by the short-term lessor to repair parts of the type that were damaged and the estimated time for repair; or

             (2) The sum of the costs for estimated labor and parts determined pursuant to paragraphs (a) and (b) to replace the same parts.

Ê Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

 


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

ê2015 Statutes of Nevada, Page 1629 (Chapter 317, SB 188)ê

 

      (d) Except as otherwise provided in subsection 2, the loss of use of the leased passenger car, which must not exceed the product of:

             (1) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

             (2) The total of the estimated time for replacement and the estimated time for repair. For the purpose of converting the estimated time for repair into the same unit of time in which the rate of the lease is expressed, a day shall be deemed to consist of 8 hours.

      (e) Actual charges for towing and storage and impound fees paid by the short-term lessor.

      2.  Under any of the circumstances described in NRS 482.31555, the short-term lessor’s loss of use of the passenger car must not exceed the product of:

      (a) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

      (b) The period from the date of [an accident] a crash to the date the car is ready to be returned to service if the lessor uses his or her best efforts to repair and return the car to service as soon as practicable.

      3.  An administrative charge pursuant to paragraph (h) of subsection 1 of NRS 482.31535 must not exceed:

      (a) Fifty dollars if the total estimated cost for parts and labor is more than $100 and less than or equal to $500.

      (b) One hundred dollars if the total estimated cost for parts and labor is more than $500 and less than or equal to $1,500.

      (c) One hundred and fifty dollars if the total estimated cost for parts and labor is more than $1,500.

Ê No administrative charge may be imposed if the total estimated cost of parts and labor is $100 or less.

      Sec. 9. NRS 482.380 is hereby amended to read as follows:

      482.380  1.  The Department may issue special motor vehicle license plates from year to year to a person who has resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who owns a motor vehicle which is a model manufactured during or before 1915.

      2.  To administer the provisions of this section, the Department may recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the Board of Directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the Department and to perform the duties and functions prescribed by this section without compensation, per diem allowance or travel expenses.

      3.  An applicant for license plates pursuant to the provisions of this section must:

      (a) Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.

      (b) Present evidence of the applicant’s eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this State for 6 months preceding the date of application and ownership of an antique motor vehicle which is a model manufactured during or before 1915.

      (c) Present a certificate of inspection issued by a committee, or member thereof, appointed by the Board of Directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of insurance covering public liability and property damage written by an insurance company qualified to do business in this State with limits of not less than $10,000 for each person nor less than $20,000 for each [accident,] crash, and not less than $5,000 for property damage and which otherwise meets the requirements of chapter 485 of NRS.

 


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

ê2015 Statutes of Nevada, Page 1630 (Chapter 317, SB 188)ê

 

of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of insurance covering public liability and property damage written by an insurance company qualified to do business in this State with limits of not less than $10,000 for each person nor less than $20,000 for each [accident,] crash, and not less than $5,000 for property damage and which otherwise meets the requirements of chapter 485 of NRS.

      (d) Exhibit a valid driver’s license authorizing the applicant to drive a motor vehicle on the highways of this State.

      (e) Pay the fee prescribed by the laws of this State for the operation of a passenger car, without regard to the weight or the capacity for passengers.

      (f) Pay such other fee as prescribed by the Board of Directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.

      4.  The ex officio deputy for licensing antique motor vehicles shall each calendar year issue license plates, approved by the Department, for each motor vehicle owned by an applicant who meets the requirements of subsection 3, subject to the following conditions:

      (a) The license plates must be numbered and issued consecutively each year beginning with “Horseless Carriage 1.”

      (b) The license plates must conform, as nearly as possible, to the color and type of license plate issued in this State for regular passenger cars.

      (c) The special license plates issued pursuant to this section must be specified, procured, transported and issued solely at the expense and cost of the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.

      5.  The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the Department the prescribed fee as provided in paragraph (e) of subsection 3. The fees so received must be used, disbursed or deposited by the Department in the same manner as provided by law for other fees for registration and licensing. All other fees collected to defray expenses must be retained by the Board of Directors of the Horseless Carriage Club of Nevada.

      6.  The license plates obtained pursuant to this section are in lieu of the license plates otherwise provided for in this chapter and are valid for the calendar year in which they are issued.

      7.  The Department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and applicable taxes:

      (a) For the first issuance............................................................................... $35

      (b) For a renewal sticker.................................................................................. 10

      Sec. 10. NRS 483.2521 is hereby amended to read as follows:

      483.2521  1.  The Department may issue a driver’s license to a person who is 16 or 17 years of age if the person:

      (a) Except as otherwise provided in subsection 2, has completed:

             (1) A course in automobile driver education pursuant to NRS 389.090; or

             (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

 


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

ê2015 Statutes of Nevada, Page 1631 (Chapter 317, SB 188)ê

 

      (b) Has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

      (c) Submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

             (1) By his or her parent or legal guardian; or

             (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

Ê who attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

      (d) Submits to the Department:

             (1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to NRS 392.123;

             (2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory attendance pursuant to NRS 392.070;

             (3) A copy of the person’s high school diploma or certificate of attendance; or

             (4) A copy of the person’s certificate of general educational development or an equivalent document;

      (e) Has not been found to be responsible for a motor vehicle [accident] crash during the 6 months before applying for the driver’s license;

      (f) Has not been convicted of a moving traffic violation or a crime involving alcohol or a controlled substance during the 6 months before applying for the driver’s license; and

      (g) Has held an instruction permit for not less than 6 months before applying for the driver’s license.

      2.  If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

      Sec. 11. NRS 483.400 is hereby amended to read as follows:

      483.400  1.  The Department shall maintain files of applications for licenses. Such files shall contain:

      (a) All applications denied and on each thereof note the reasons for such denial.

      (b) All applications granted.

      (c) The name of every licensee whose license has been suspended or revoked by the Department and after each such name note the reasons for such action.

      2.  The Department shall also file all [accident] crash reports and abstracts of court records of convictions received by it under the laws of this State, and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic [accidents] crashes in which the licensee was involved shall be readily ascertainable and available for the consideration of the Department upon any application for renewal of license and at other suitable times.

 


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

ê2015 Statutes of Nevada, Page 1632 (Chapter 317, SB 188)ê

 

the licensee was involved shall be readily ascertainable and available for the consideration of the Department upon any application for renewal of license and at other suitable times.

      Sec. 12. NRS 483.460 is hereby amended to read as follows:

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

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

             (1) A violation of subsection 6 of NRS 484B.653.

             (2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.

             (3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.

             (4) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

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

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

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

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

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

             (5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484B.550.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

 


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

ê2015 Statutes of Nevada, Page 1633 (Chapter 317, SB 188)ê

 

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.460 but who operates a motor vehicle without such a device:

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

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

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

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064, 206.330 or 392.148, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 13. NRS 483.470 is hereby amended to read as follows:

      483.470  1.  The Department may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

      (a) Has committed an offense for which mandatory revocation of license is required upon conviction;

      (b) Has been involved as a driver in any [accident] crash resulting in the death or personal injury of another or serious property damage;

      (c) Is physically or mentally incompetent to drive a motor vehicle;

      (d) Has permitted an unlawful or fraudulent use of his or her license;

      (e) Has committed an offense in another state which if committed in this State would be grounds for suspension or revocation; or

      (f) Has failed to comply with the conditions of issuance of a restricted license.

      2.  Upon suspending the license of any person as authorized in this section, the Department shall immediately notify the person in writing, and upon his or her request shall afford the person an opportunity for a hearing as early as practical within 20 days after receipt of the request in the county wherein the person resides unless the person and the Department agree that the hearing may be held in some other county. The Administrator, or an authorized agent thereof, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee in connection with the hearing. Upon the hearing, the Department shall either rescind its order of suspension or, for good cause, extend the suspension of the license or revoke it.

 


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

ê2015 Statutes of Nevada, Page 1634 (Chapter 317, SB 188)ê

 

      Sec. 14. NRS 483.740 is hereby amended to read as follows:

      483.740  1.  A person operating a school for training drivers shall maintain liability insurance on motor vehicles used in driving instruction, insuring the liability of the driving school, the driving instructor and any person taking instruction, in at least the following amounts:

      (a) For bodily injury to or death of one person in any one [accident,] crash, $100,000;

      (b) For bodily injury to or death of two or more persons in any one [accident,] crash, $300,000; and

      (c) For damage to property of others in any one [accident,] crash, $50,000.

      2.  Evidence of the insurance coverage in the form of a certificate from the insurance carrier must be filed with the Department. The certificate must stipulate that the insurance may not be cancelled except upon 10 days’ written notice to the Department.

      Sec. 15. NRS 483.900 is hereby amended to read as follows:

      483.900  The purposes of NRS 483.900 to 483.940, inclusive, are to implement the Commercial Motor Vehicle Safety Act of 1986, as amended, 49 U.S.C. chapter 313 (§§ 31301 et seq.), and reduce or prevent commercial motor vehicle [accidents,] crashes, fatalities and injuries by:

      1.  Permitting drivers of commercial motor vehicles to hold only one license;

      2.  Providing for the disqualification of drivers of commercial motor vehicles who have committed certain serious traffic violations or other specified offenses;

      3.  Strengthening the licensing and testing standards for drivers of commercial motor vehicles; and

      4.  Ensuring that drivers of commercial motor vehicles carrying hazardous materials are qualified to operate a commercial motor vehicle in accordance with all regulations pertaining to the transportation of hazardous materials and have the skills and knowledge necessary to respond appropriately to any emergency arising out of the transportation of hazardous materials.

      Sec. 16. NRS 484A.210 is hereby amended to read as follows:

      484A.210  “Right-of-way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to the danger of [collision] a crash unless one grants precedence to the other.

      Sec. 17. NRS 484A.400 is hereby amended to read as follows:

      484A.400  1.  The provisions of chapters 484A to 484E, inclusive, of NRS are applicable and uniform throughout this State on all highways to which the public has a right of access or to which persons have access as invitees or licensees.

      2.  Except as otherwise provided in subsection 3 and unless otherwise provided by specific statute, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of chapters 484A to 484E, inclusive, of NRS if the provisions of the ordinance are not in conflict with chapters 484A to 484E, inclusive, of NRS, or regulations adopted pursuant thereto. It may also enact by ordinance regulations requiring the registration and licensing of bicycles.

      3.  A local authority shall not enact an ordinance:

 


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

ê2015 Statutes of Nevada, Page 1635 (Chapter 317, SB 188)ê

 

      (a) Governing the registration of vehicles and the licensing of drivers;

      (b) Governing the duties and obligations of persons involved in traffic [accidents,] crashes, other than the duties to stop, render aid and provide necessary information;

      (c) Providing a penalty for an offense for which the penalty prescribed by chapters 484A to 484E, inclusive, of NRS is greater than that imposed for a misdemeanor; or

      (d) Requiring a permit for a vehicle, or to operate a vehicle, on a highway in this State.

      4.  No person convicted or adjudged guilty or guilty but mentally ill of a violation of a traffic ordinance may be charged or tried in any other court in this State for the same offense.

      Sec. 18. NRS 484A.660 is hereby amended to read as follows:

      484A.660  Except for felonies and those offenses set forth in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710, a peace officer at the scene of a traffic [accident] crash may issue a traffic citation, as provided in NRS 484A.630, or a misdemeanor citation, as provided in NRS 171.1773, to any person involved in the [accident] crash when, based upon personal investigation, the peace officer has reasonable and probable grounds to believe that the person has committed any offense pursuant to the provisions of chapters 482 to 486, inclusive, or 706 of NRS in connection with the [accident.] crash.

      Sec. 19. NRS 484A.710 is hereby amended to read as follows:

      484A.710  1.  Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

      (a) Homicide by vehicle;

      (b) A violation of NRS 484C.110 or 484C.120;

      (c) A violation of NRS 484C.430;

      (d) A violation of NRS 484C.130;

      (e) Failure to stop, give information or render reasonable assistance in the event of [an accident] a crash resulting in death or personal injuries in violation of NRS 484E.010 or 484E.030;

      (f) Failure to stop or give information in the event of [an accident] a crash resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of NRS 484E.020 or 484E.040;

      (g) Reckless driving;

      (h) Driving a motor vehicle on a highway or on premises to which the public has access at a time when the person’s driver’s license has been cancelled, revoked or suspended; or

      (i) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person pursuant to NRS 483.490.

      2.  Whenever any person is arrested as authorized in this section, the person must be taken without unnecessary delay before the proper magistrate as specified in NRS 484A.750, except that in the case of either of the offenses designated in paragraphs (f) and (g) of subsection 1, a peace officer has the same discretion as is provided in other cases in NRS 484A.730.

      Sec. 20. NRS 484A.740 is hereby amended to read as follows:

      484A.740  1.  All of the provisions of chapters 484A to 484E, inclusive, of NRS apply both to residents and nonresidents of this State, except the special provisions in this section, which shall govern in respect to nonresidents.

 


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

ê2015 Statutes of Nevada, Page 1636 (Chapter 317, SB 188)ê

 

      2.  A peace officer at the scene of a traffic [accident] crash may arrest without a warrant any driver of a vehicle who is a nonresident of this State and who is involved in the [accident] crash when, based upon personal investigation, the peace officer has reasonable cause for believing that the person has committed any offense under the provisions of chapters 484A to 484E, inclusive, of NRS in connection with the [accident,] crash, and if the peace officer has reasonable cause for believing that the person will disregard a written promise to appear in court.

      3.  Whenever any person is arrested under the provisions of this section, the person shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 484A.750.

      Sec. 21. NRS 484B.290 is hereby amended to read as follows:

      484B.290  1.  A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. Any driver of a vehicle who approaches or encounters such a person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid [accident] a crash or injury to the person.

      2.  Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

      Sec. 22. NRS 484B.443 is hereby amended to read as follows:

      484B.443  1.  Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of chapters 484A to 484E, inclusive, of NRS, the officer may move the vehicle, or require the driver or person in charge of the vehicle to move it, to a position off the paved, improved or main-traveled part of the highway.

      2.  Whenever any police officer finds a vehicle unattended or disabled upon any highway, bridge or causeway, or in any tunnel, where the vehicle constitutes an obstruction to traffic or interferes with the normal flow of traffic, the officer may provide for the immediate removal of the vehicle.

      3.  Any police officer may, subject to the requirements of subsection 4, remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to a garage or other place of safekeeping if:

      (a) The vehicle has been involved in [an accident] a crash and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;

      (b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or

      (c) The person in charge of the vehicle is unable to provide for its custody or removal within:

             (1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.

             (2) Seventy-two hours after abandoning the vehicle on any other highway.

 


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

ê2015 Statutes of Nevada, Page 1637 (Chapter 317, SB 188)ê

 

      4.  Unless a different course of action is necessary to preserve evidence of a criminal offense, a police officer who wishes to have a vehicle or part of a vehicle removed from a highway pursuant to subsection 3 shall, in accordance with any applicable protocol such as a rotational schedule regarding the selection and use of towing services, cause the vehicle or part of a vehicle to be removed by a tow car operator. The tow car operator shall, to the extent practicable and using the shortest and most direct route, remove the vehicle or part of a vehicle to the garage of the tow car operator unless directed otherwise by the police officer. The tow car operator is liable for any loss of or damage to the vehicle or its contents that occurs while the vehicle is in the possession or control of the tow car operator.

      Sec. 23. NRS 484B.621 is hereby amended to read as follows:

      484B.621  1.  The State Route 159 Safety Speed Zone is hereby established.

      2.  Within the State Route 159 Safety Speed Zone, the Department of Transportation, in cooperation with other governmental entities whose jurisdiction includes this area, shall ensure that:

      (a) The maximum speed that is allowed for vehicular traffic will be set by the Director of the Department of Transportation at a level which takes into consideration the safety and protection of the residents of and visitors to the Red Rock Canyon National Conservation Area. In setting that maximum speed, the Director of the Department of Transportation shall consider, without limitation, the following factors:

             (1) Activity of bicycles and pedestrians in the area.

             (2) Protection of the natural environment.

             (3) History of [accidents and] crashes in the area.

             (4) Recreational activities conducted in the area.

             (5) The evaluation and use of measures of traffic calming which will support the maximum speed that is set.

             (6) The ability of law enforcement agencies to enforce effectively the maximum speed that is set.

      (b) Adequate signage or other forms of notice are evaluated and installed to support and enhance the maximum speed that is set by the Director of the Department of Transportation, as described in paragraph (a).

      3.  The State Route 159 Safety Speed Zone consists of:

      (a) Any portion of State Route 159 that is within the Red Rock Canyon National Conservation Area;

      (b) Any portion of State Route 159 that abuts or is immediately adjacent to the Red Rock Canyon National Conservation Area; and

      (c) Any portion of State Route 159 that has been designated as a Scenic Byway or State Scenic Byway.

      4.  As used in this section:

      (a) “Scenic Byway” and “State Scenic Byway” have the meanings ascribed to them in the National Scenic Byways Program, as issued by the Federal Highway Administration in 60 Federal Register 26,759 on May 18, 1995.

      (b) “Traffic calming” means a combination of measures and techniques intended to:

             (1) Reduce vehicular speeds;

             (2) Promote safe and pleasant conditions for motorists, bicyclists, pedestrians and residents;

             (3) Improve the environment and usability of roadways;

 


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

ê2015 Statutes of Nevada, Page 1638 (Chapter 317, SB 188)ê

 

             (4) Improve real and perceived safety for nonmotorized traffic; or

             (5) Any combination of subparagraphs (1) to (4), inclusive.

      Sec. 24. NRS 484C.150 is hereby amended to read as follows:

      484C.150  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the direction of a police officer at the scene of a vehicle [accident or collision] crash or where the police officer stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

      2.  If the person fails to submit to the test, the officer shall seize the license or permit of the person to drive as provided in NRS 484C.220 and arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 484C.160.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 25. NRS 484C.170 is hereby amended to read as follows:

      484C.170  1.  Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of [an accident] a crash involving a motor vehicle, whether the person killed is a driver, passenger or pedestrian, cause to be drawn from each decedent, within 8 hours of the [accident,] crash, a blood sample to be analyzed for the presence and concentration of alcohol.

      2.  The findings of the examinations are a matter of public record and must be reported to the Department by the coroner or other public official within 30 days after the death.

      3.  Blood-alcohol analyses are acceptable only if made by laboratories licensed to perform this function.

      Sec. 26. NRS 484D.470 is hereby amended to read as follows:

      484D.470  1.  Tow cars must be equipped with:

      (a) One or more brooms, and the driver of the tow car engaged to remove a disabled vehicle from the scene of [an accident] a crash shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.

      (b) A shovel, and whenever practical the driver of the tow car engaged to remove any disabled vehicle shall spread dirt upon any portion of the roadway where oil or grease has been deposited by the disabled vehicle.

      (c) At least one fire extinguisher of the dry chemical or carbon dioxide type, with minimum effective chemicals of no less than 5 pounds, with an aggregate rating of at least 10-B, C units, which must bear the approval of a laboratory nationally recognized as properly equipped to grant such approval.

      2.  A citation may be issued to any driver of a tow car who violates any provision of paragraph (a) of subsection 1. The peace officer who issues the citation shall report the violation to the Nevada Highway Patrol or the sheriff of the county or the chief of police of the city in which the roadway is located.

 


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

ê2015 Statutes of Nevada, Page 1639 (Chapter 317, SB 188)ê

 

located. If necessary, the Nevada Highway Patrol, sheriff or chief of police shall cause the roadway to be cleaned and shall bill the owner or operator of the tow car for the costs of the cleaning. If the owner or operator does not pay those costs within 30 days after receiving the bill therefor, the Nevada Highway Patrol, sheriff or chief of police shall report such information to the Nevada Transportation Authority, which may take disciplinary action in accordance with the provisions of NRS 706.449.

      Sec. 27. NRS 484D.485 is hereby amended to read as follows:

      484D.485  1.  A manufacturer of a new motor vehicle which is sold or leased in this State and which is equipped with an event recording device shall disclose that fact in the owner’s manual for the vehicle. The disclosure must include, if applicable, a statement that the event recording device:

      (a) Records the direction and rate of speed at which the motor vehicle travels;

      (b) Records a history of where the motor vehicle travels;

      (c) Records steering performance;

      (d) Records brake performance, including, without limitation, whether the brakes were applied before [an accident;] a crash;

      (e) Records the status of the driver’s safety belt; and

      (f) If [an accident] a crash involving the motor vehicle occurs, is able to transmit information concerning the [accident] crash to a central communications system.

      2.  Except as otherwise provided in this section, data recorded by an event recording device may not be downloaded or otherwise retrieved by a person other than the registered owner of the vehicle. Data recorded by an event recording device may be downloaded or otherwise retrieved by a person other than the registered owner of the vehicle:

      (a) If the registered owner of the vehicle consents to the retrieval of the data.

      (b) Pursuant to the order of a court of competent jurisdiction.

      (c) If the data is retrieved for the purpose of conducting research to improve motor vehicle safety, including, without limitation, conducting medical research to determine the reaction of a human body to motor vehicle [accidents,] crashes, provided that the identity of the registered owner or driver is not disclosed in connection with the retrieval of that data. The disclosure of a vehicle identification number pursuant to this paragraph does not constitute the disclosure of the identity of the registered owner or driver of the vehicle.

      (d) If the data is retrieved by a new vehicle dealer or a garage operator to diagnose, service or repair the motor vehicle.

      (e) Pursuant to an agreement for subscription services for which disclosure required by subsection 4 has been made.

      3.  A person who retrieves data from an event recording device pursuant to paragraph (c) of subsection 2 shall not disclose that data to any person other than a person who is conducting research specified in that paragraph.

      4.  If a motor vehicle is equipped with an event recording device that is able to record or transmit any information described in subparagraph (2) or (6) of paragraph (a) of subsection 6 and that ability is part of a subscription service for the motor vehicle, the fact that the information may be recorded or transmitted must be disclosed in the agreement for the subscription service.

 


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

ê2015 Statutes of Nevada, Page 1640 (Chapter 317, SB 188)ê

 

      5.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      6.  As used in this section:

      (a) “Event recording device” means a device which is installed by the manufacturer of a motor vehicle and which, for the purposes of retrieving data after [an accident] a crash involving the motor vehicle:

             (1) Records the direction and rate of speed at which the motor vehicle travels;

             (2) Records a history of where the motor vehicle travels;

             (3) Records steering performance;

             (4) Records brake performance, including, without limitation, whether the brakes were applied before [an accident;] a crash;

             (5) Records the status of the driver’s safety belt; or

             (6) If [an accident] a crash involving the motor vehicle occurs, is able to transmit information concerning the [accident] crash to a central communications system.

      (b) “Garage operator” has the meaning ascribed to it in NRS 487.545.

      (c) “New vehicle dealer” has the meaning ascribed to it NRS 482.078.

      (d) “Owner” means:

             (1) A person having all the incidents of ownership, including the legal title of the motor vehicle, whether or not the person lends, rents or creates a security interest in the motor vehicle;

             (2) A person entitled to possession of the motor vehicle as the purchaser under a security agreement; or

             (3) A person entitled to possession of the motor vehicle as a lessee pursuant to a lease agreement if the term of the lease is more than 3 months.

      Sec. 28. NRS 484D.655 is hereby amended to read as follows:

      484D.655  1.  The Director of the Department of Transportation:

      (a) May, pursuant to paragraph (a) of subsection 1 of NRS 408.210, reduce the maximum weight limits as prescribed in NRS 484D.635, 484D.640 and 484D.645 on a highway under the jurisdiction of the Department of Transportation, including, without limitation, a bridge located on the highway, for a period of not more than 180 days.

      (b) Shall provide an informational report to the Board of Directors of the Department of Transportation that describes any reduction to the maximum weight limits made pursuant to paragraph (a) within 60 days after the Director of the Department of Transportation makes the reduction.

      2.  Except as otherwise provided in subsection 1 and NRS 484D.660, before the Department of Transportation reduces the maximum weight limits as prescribed in NRS 484D.635, 484D.640 and 484D.645 on a highway or a portion of a highway under its jurisdiction, the Department of Transportation shall:

      (a) Consider:

             (1) The average number of vehicles traveling on the highway each day;

             (2) The number of vehicles that have a declared gross weight in excess of 26,000 pounds that are included in the average number pursuant to subparagraph (1);

             (3) The availability of alternate routes to the highway;

             (4) The impact on each alternate route of increased traffic consisting of vehicles that have a declared gross weight in excess of 26,000 pounds;

 

Link to Page 1641