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CHAPTER 369, AB 328

Assembly Bill No. 328–Assemblyman Elliot Anderson

 

CHAPTER 369

 

[Approved: June 5, 2015]

 

AN ACT relating to education; prescribing procedures for the selection of a hearing officer to administer certain hearings relating to pupils with disabilities; requiring a local educational agency involved in a complaint to pay the cost of a hearing; requiring the Department of Education to adopt regulations prescribing certain procedures relating to hearing officers; authorizing the appeal of the decision of a hearing officer to the Department; requiring the Department to post certain information relating to such hearings on its Internet website; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Federal law requires each state to provide a parent or guardian of a pupil with the opportunity to challenge at a due process hearing: (1) the pupil’s identification as a pupil with a disability; (2) the pupil’s identification as a pupil without a disability; or (3) the placement of such a pupil. (20 U.S.C. § 1415) Section 2.3 of this bill requires the Superintendent of Public Instruction to provide the names of three hearing officers selected on an impartial basis from a list maintained by the Department of Education to a complainant for a due process hearing held pursuant to federal law. Section 2.3 requires the complainant to return to the Superintendent a list which places the three names in order of preference within 2 days. If the preferred hearing officer is not available, the next person on the list will be selected. Section 2.3 requires the Superintendent to select a hearing officer on an impartial basis from the list maintained by the Department if the complainant does not return the list within 2 days or a due process hearing is required to be expedited pursuant to federal law. Section 2.3 also provides that the: (1) local educational agency involved in the complaint or the governing body of a charter school, as applicable, must pay the cost of the hearing; and (2) decision of a hearing officer may be appealed to the Department.

      Section 2.7 of this bill requires the State Board of Education to prescribe by regulation: (1) the procedures for requesting the recusal of a hearing officer; (2) the qualifications necessary to remain on the list of hearing officers maintained by the Department; and (3) the procedures to compensate a hearing officer. Section 2.7 also requires the Department to post certain information relating to due process hearings on its Internet website.

 

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 387.1221 is hereby amended to read as follows:

      387.1221  1.  The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.

      2.  Any unused allocations for special education program units may be reallocated to other school districts, charter schools or university schools for profoundly gifted pupils by the Superintendent of Public Instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated within counties whose allocation is less than or equal to the amount provided by law.

 


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a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.

      3.  A school district, a charter school or a university school for profoundly gifted pupils may, after receiving the approval of the Superintendent of Public Instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive [.] , and sections 2.3 and 2.7 of this act.

      4.  A school district in a county whose population is less than 700,000, a charter school or a university school for profoundly gifted pupils that receives an allocation for special education program units may use not more than 15 percent of its allocation to provide early intervening services.

      Sec. 2. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.3 and 2.7 of this act.

      Sec. 2.3. 1.  The Department shall maintain a list of hearing officers who meet the qualifications prescribed pursuant to 20 U.S.C. § 1415(f)(3)(A) to conduct a due process hearing pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability.

      2.  Except as otherwise provided in subsection 4, upon the filing of a complaint requiring a due process hearing described in subsection 1, the Superintendent of Public Instruction shall select three hearing officers from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officers must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.

      3.  The Superintendent of Public Instruction shall provide the names of the three hearing officers selected pursuant to subsection 2 to the complainant and request the complainant to return to the Superintendent a list which places the three names in the order of preference of the complainant. The complainant must return the list within 2 days. If the complainant returns the list, the Superintendent must request the first hearing officer on the list to preside over the hearing and if he or she is unavailable, the next person, until there are no more hearing officers on the list. If the complainant does not return the list within 2 days, the Superintendent must appoint a hearing officer and may determine the order in which to request a hearing officer to preside over the hearing.

      4.  If a due process hearing is required to be expedited pursuant to 20 U.S.C. § 1415(k)(4), the Superintendent of Public Instruction must select a hearing officer to preside over the hearing from the list maintained by the Department pursuant to subsection 1.

 


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hearing officer to preside over the hearing from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officer must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.

      5.  The local educational agency or governing body of a charter school involved in the complaint, as applicable, shall pay the cost of the hearing, including, without limitation, any compensation to which the hearing officer is entitled.

      6.  The decision of a hearing officer may be appealed by any aggrieved party to the Department.

      7.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 1401(19).

      Sec. 2.7. 1.  The State Board shall prescribe by regulation:

      (a) The procedures for requesting the recusal of a hearing officer on the basis of bias or a conflict of interest.

      (b) The qualifications to remain on the list of hearing officers maintained pursuant to subsection 1 of section 1 of this act. Such qualifications must include, without limitation, requiring that a hearing officer:

             (1) Must complete, within the first year that the name of the hearing officer appears on the list maintained by the Department pursuant to subsection 1 of section 1 of this act, a minimum of 40 hours of training, which must include, without limitation, 24 hours of training in laws relating to special education; and

             (2) Must complete annual training arranged by the Department. The training must include, without limitation, training concerning laws relating to special education, the procedure for conducting a hearing and rendering and writing a decision.

      (c) The procedures for compensating a hearing officer which must be established to avoid a conflict of interest for the hearing officer or the appearance of such a conflict.

      2.  The Department of Education shall post information as prescribed by the State Board relating to due process hearings held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., on its Internet website. Such information must include, without limitation:

      (a) A model form that may be used to request such a hearing;

      (b) Decisions from such hearings after the names and other personally identifiable information of the pupils who were the subject of such hearings have been removed;

      (c) Decisions from the appeals of such hearings after the names and any other personally identifiable information of the pupils who were the subject of the hearings have been removed; and

      (d) Timelines and procedures for conducting such hearings.

      Sec. 3. NRS 388.440 is hereby amended to read as follows:

      388.440  As used in NRS 388.440 to 388.5317, inclusive [:] , and sections 2.3 and 2.7 of this act:

      1.  “Communication mode” means any system or method of communication used by a person who is deaf or whose hearing is impaired to facilitate communication which may include, without limitation:

 


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      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech reading or lip reading; and

      (e) Communication with assistive technology devices.

      2.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      3.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      4.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      5.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

      6.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      Sec. 4.  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 July 1, 2016, for all other purposes.

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ê2015 Statutes of Nevada, Page 2079ê

 

CHAPTER 370, AB 477

Assembly Bill No. 477–Committee on Ways and Means

 

CHAPTER 370

 

[Approved: June 5, 2015]

 

AN ACT relating to motor carriers; requiring the Taxicab Administrator to appoint a staff attorney to perform legal services or serve as a hearing officer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that the Taxicab Administrator appointed by the Director of the Department of Business and Industry is responsible for: (1) the control and regulation of the taxicab industry in certain counties; and (2) the administration of certain provisions of law concerning the regulation of taxicabs in certain counties. Additionally, the Taxicab Administrator is required to appoint one accountant and such auditors and other employees as are necessary to enable the Taxicab Administrator to perform his or her official functions properly. (NRS 706.881, 706.882, 706.8821) This bill requires the Taxicab Administrator to appoint a staff attorney to perform legal services or serve as a hearing officer.

 

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 706.8821 is hereby amended to read as follows:

      706.8821  1.  The Administrator is responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, apply and for the administration of NRS 706.881 to 706.885, inclusive.

      2.  The Administrator shall appoint:

      (a) One accountant and such auditors as are necessary to enable the Administrator to perform the Administrator’s official functions properly; and

      (b) Such other employees as are necessary to enable the Administrator to perform the Administrator’s official functions properly [.] , including, without limitation, a staff attorney to perform legal services or serve as a hearing officer.

      Sec. 2.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2080ê

 

CHAPTER 371, SB 25

Senate Bill No. 25–Committee on Education

 

CHAPTER 371

 

[Approved: June 5, 2015]

 

AN ACT relating to education; revising provisions governing the membership of the State Board of Education; revising certain duties of the Superintendent of Public Instruction, the Department of Education and the State Board; revising the membership of the Advisory Council on Parental Involvement and Family Engagement; revising provisions governing certain products used to clean in public schools; authorizing unused allocations for special education program units to be reallocated to a hospital or facility which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that operates a licensed private school in certain circumstances; revising provisions relating to certain programs of distance education; revising provisions governing standards of content and performance for foreign and world language and any other course of study requested by the Superintendent of Public Instruction; revising provisions relating to certain hearings concerning the suspension or revocation of a license to teach; revising provisions concerning minimum standards for the maintenance and operation of certain educational institutions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill prohibits a person who is elected to serve as an officer of this State or any political subdivision thereof from also serving on the State Board of Education. Section 1 also prohibits a person who is appointed to serve for the unexpired term of such an office from continuing to serve on the State Board, with certain exceptions. Section 3 of this bill removes certain requirements regarding the use of environmentally sensitive cleaning and maintenance products in public schools and authorizes the board of trustees of a school district to use a product that is not an environmentally sensitive cleaning and maintenance product after posting a notice of the product to be used on the Internet website maintained by the school district. Sections 4, 10, 11-13, 15, 17 and 18 of this bill replace references to the terms “English” and “foreign language” with references to “English language arts” and “foreign or world language” for consistency with currently accepted terminology.

      Existing law authorizes certain hospitals or other facilities that are licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services and that operate a licensed private school to request reimbursement, under certain circumstances, from the Department of Education for the cost of providing educational services to a child who attends the licensed private school. (NRS 277.0655, 387.1225) Existing law also: (1) provides for the establishment of a basic support guarantee for special education program units for the purpose of allocating money from the State Distributive School Account; and (2) authorizes the Superintendent to reallocate any unused allocations for special education program units to a school district, charter school or university school for profoundly gifted pupils. (NRS 387.122, 387.1221) Section 4.5 of this bill authorizes the Superintendent to reallocate any unused allocations to a hospital or facility which is licensed by the Division of Public and Behavioral Health that operates a licensed private school.

 


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      Existing law requires the Superintendent of Public Instruction to apportion the State Distributive School Account in the State General Fund among the school districts, charter schools and university schools for profoundly gifted pupils in certain amounts based on a formula. This formula bases the State’s financial obligation to programs of instruction partially on the number of pupils involved in such programs. (NRS 387.121-387.126) Sections 5, 6, 8 and 9 of this bill provide that the apportionment for a pupil enrolled part-time in a program of distance education is paid to the school district in which the pupil resides, or the charter school in which the pupil is enrolled. The school district or charter school, as applicable, is required to allocate a percentage of that amount to the school district or charter school that provides the program of distance education in an amount which must be set out in an agreement between them.

      Section 2.5 of this bill adds a member to the Advisory Council on Parental Involvement and Family Engagement to represent the Nevada Parent Teacher Association.

      Because existing law gives the Governor authority over the budgets of the Department of Education, section 7 of this bill: (1) requires the Superintendent to submit certain recommendations of the Department to the Governor instead of to the State Board; and (2) removes the requirement that the State Board consider the biennial budgets of the Department. Sections 8 and 9 remove the requirement that certain pupils obtain written permission from the board of trustees of a school district or the governing body of a charter school before enrolling in certain part-time programs of distance education.

      Section 12 requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for foreign and world languages in addition to other subjects for which it is already required to do so. Section 13 requires the State Board to prescribe examinations that measure the achievement and proficiency of pupils for grades 9, 10, 11 and 12 in certain subjects to comply with federal law. (20 U.S.C. § 6311(b)(3)) Section 14 of this bill revises the manner in which the Department provides an informational pamphlet concerning end-of-course examinations and college and career readiness assessments so that the pamphlet is available electronically. Section 14.5 of this bill removes an incorrect reference to an organization.

      Section 16 of this bill allows the parties in a hearing concerning the suspension or revocation of a license to teach to agree to extend the date by which the hearing must be held. Section 20 of this bill authorizes money in the Educational Trust Account to be expended as authorized by the Interim Finance Committee when the Legislature is not in session. Section 21 of this bill repeals the requirements that: (1) the State Board adopt and use an official seal in authentication of its acts; and (2) the Department approve or disapprove lists of books for use in public school libraries.

 

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 385.021 is hereby amended to read as follows:

      385.021 1.  The State Board of Education is hereby created. The State Board consists of the following voting members:

      (a) One member elected by the registered voters of each congressional district described in NRS 304.060 to 304.120, inclusive;

      (b) One member appointed by the Governor;

      (c) One member appointed by the Governor, nominated by the Majority Leader of the Senate; and

      (d) One member appointed by the Governor, nominated by the Speaker of the Assembly.

 


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      2.  In addition to the voting members described in subsection 1, the State Board consists of the following four nonvoting members:

      (a) One member appointed by the Governor who is a member of a board of trustees of a school district, nominated by the Nevada Association of School Boards;

      (b) One member appointed by the Governor who is the superintendent of schools of a school district, nominated by the Nevada Association of School Superintendents;

      (c) One member appointed by the Governor who represents the Nevada System of Higher Education, nominated by the Board of Regents of the University of Nevada; and

      (d) One member appointed by the Governor who is a pupil enrolled in a public school in this State, nominated by the Nevada Association of Student Councils or its successor organization and in consultation with the Nevada Youth Legislature. After the initial term, the term of the member appointed pursuant to this paragraph commences on June 1 and expires on May 31 of the following year.

      3.  Each member of the State Board elected pursuant to paragraph (a) of subsection 1 must be a qualified elector of the district from which that member is elected.

      4.  Each member appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 and each member appointed pursuant to subsection 2 must be a resident of this State.

      5.  Except as otherwise provided in paragraphs (a) and (c) of subsection 2, a person who is elected to serve as an officer of this State or any political subdivision thereof or a person appointed to serve for the unexpired term of such an office may not serve or continue to serve on the State Board.

      6.  The Governor shall ensure that the members appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 represent the geographic diversity of this State and that:

      (a) One member is a teacher at a public school selected from a list of three candidates provided by the Nevada State Education Association.

      (b) One member is the parent or legal guardian of a pupil enrolled in a public school.

      (c) One member is a person active in a private business or industry of this State.

      [6.] 7.  After the initial terms, each member:

      (a) Elected pursuant to paragraph (a) of subsection 1 serves a term of 4 years. A member may be elected to serve not more than three terms but may be appointed to serve pursuant to paragraph (b), (c) or (d) of subsection 1 or subsection 2 after service as an elected member, notwithstanding the number of terms the member served as an elected member.

      (b) Appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 serves a term of 2 years [.] , except that each member continues to serve until a successor is appointed. A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.

      (c) Appointed pursuant to subsection 2 serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

      [7.] 8.  If a vacancy occurs during the term of:

 


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      (a) A member who was elected pursuant to paragraph (a) of subsection 1, the Governor shall appoint a member to fill the vacancy until the next general election, at which election a member must be chosen for the balance of the unexpired term. The appointee must be a qualified elector of the district where the vacancy occurs.

      (b) A voting member appointed pursuant to paragraph (b), (c) or (d) of subsection 1 or a nonvoting member appointed pursuant to subsection 2, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.5. NRS 385.610 is hereby amended to read as follows:

      385.610  1.  The Superintendent of Public Instruction shall establish an Advisory Council on Parental Involvement and Family Engagement. The Advisory Council is composed of [10] 11 members.

      2.  The Superintendent of Public Instruction shall appoint the following members to the Advisory Council:

      (a) Two parents or legal guardians of pupils enrolled in public schools;

      (b) Two teachers in public schools;

      (c) One administrator of a public school;

      (d) One representative of a private business or industry;

      (e) One member of the board of trustees of a school district in a county whose population is 100,000 or more; [and]

      (f) One member of the board of trustees of a school district in a county whose population is less than 100,000 [.] ; and

      (g) One member who is the President of the Board of Managers of the Nevada Parent Teacher Association or its successor organization, or a designee nominated by the President.

Ê The Superintendent of Public Instruction shall, to the extent practicable, ensure that the members the Superintendent appoints to the Advisory Council reflect the ethnic, economic and geographic diversity of this State.

      3.  The Speaker of the Assembly shall appoint one member of the Assembly to the Advisory Council.

      4.  The Majority Leader of the Senate shall appoint one member of the Senate to the Advisory Council.

      5.  The Advisory Council shall elect a Chair and Vice Chair from among its members. The Chair and Vice Chair serve a term of 1 year.

      6.  After the initial terms:

      (a) The term of each member of the Advisory Council who is appointed by the Superintendent of Public Instruction is 3 years.

      (b) The term of each member of the Advisory Council who is appointed by the Speaker of the Assembly and the Majority Leader of the Senate is 2 years.

      7.  The Department shall provide:

      (a) Administrative support to the Advisory Council; and

      (b) All information that is necessary for the Advisory Council to carry out its duties.

      8.  For each day or portion of a day during which a member of the Advisory Council who is a Legislator attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council, except during a regular or special session of the Legislature, the member is entitled to receive the:

 


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      (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The compensation, per diem allowances and travel expenses of the legislative members of the Advisory Council must be paid from the Legislative Fund.

      9.  A member of the Advisory Council who is not a Legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which the member attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council. The per diem allowance and travel expenses for the members of the Advisory Council who are not Legislators must be paid by the Department.

      Sec. 3. NRS 386.4195 is hereby amended to read as follows:

      386.4195  1.  [The Department of Education shall, in consultation with each school district, the State Department of Conservation and Natural Resources, the Department of Health and Human Services and other interested parties, including, without limitation, representatives of the cleaning and maintenance product industry, nongovernmental agencies and organizations, and parents and legal guardians of pupils enrolled in the school district, adopt regulations setting forth the standards for environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces in the public schools.

      2.  The Department shall provide a sample list of approved environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces to each school district based upon the standards prescribed pursuant to subsection 1.

      3.  The Department shall, at least every 2 years, review and may amend the sample list developed pursuant to subsection 2 as necessary.

      4.]  Except as otherwise provided in [subsections 6 and 7,] subsection 2, each school district shall ensure that the public schools within the school district use only environmentally sensitive cleaning and maintenance products in the cleaning of all floor surfaces in the public schools within the school district . [in accordance with the regulations adopted pursuant to subsection 1.

      5.  The board of trustees of a school district may consult with persons who are knowledgeable and have experience in environmentally sensitive cleaning and maintenance products to determine if the board of trustees should:

      (a) Submit a written request to the Department pursuant to subsection 6 or 7.

      (b) Use any other environmentally sensitive cleaning and maintenance products in the public schools within the school district pursuant to subsection 9.

      6.] 2.  If the board of trustees of a school district determines that the costs associated with the purchase or use of environmentally sensitive cleaning and maintenance products for use in the cleaning of floor surfaces are unreasonable and would place an undue burden on the efficient operation of the school district or a particular school within the school district, the board of trustees may [submit a written request to the Department for a waiver from purchasing and using environmentally sensitive] , after posting notice of the product to be used on the Internet website maintained by the school district, purchase and use a cleaning and maintenance [products for use] product that is not an environmentally sensitive cleaning and maintenance product in the cleaning of floor surfaces for the school district as a whole or for a particular school or schools within the school district.

 


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waiver from purchasing and using environmentally sensitive] , after posting notice of the product to be used on the Internet website maintained by the school district, purchase and use a cleaning and maintenance [products for use] product that is not an environmentally sensitive cleaning and maintenance product in the cleaning of floor surfaces for the school district as a whole or for a particular school or schools within the school district.

      [7.  If the board of trustees of a school district determines that an environmentally sensitive cleaning and maintenance product for use in the cleaning of floor surfaces which is not included in the sample list developed pursuant to subsection 2 is more economically feasible or is a more effective environmentally sensitive cleaning and maintenance product, the board of trustees may submit a written request to the Department for a waiver to purchase and use such an environmentally sensitive cleaning and maintenance product that complies with the standards prescribed pursuant to subsection 1.

      8.  If a waiver is granted by the Department pursuant to subsection 6 or 7, the waiver is effective for 1 year after the date of its approval and a renewal may be requested on an annual basis in the manner set forth in subsection 6 or 7, as applicable.

      9.] 3.  In addition to the environmentally sensitive cleaning and maintenance products for use in the cleaning of floor surfaces in the public schools within the school district required pursuant to subsection 1, the board of trustees of a school district may use environmentally sensitive cleaning products for use in the cleaning of any other surfaces.

      [10.  The regulations adopted by the Department must not prohibit the use of any disinfectant, sanitizer, antimicrobial product or other cleaning product when necessary to protect the health and welfare of the pupils enrolled in a school within the school district and the educational personnel of the school district.

      11.] 4.  As used in this section, “environmentally sensitive cleaning and maintenance products” means cleaning and maintenance products that reduce the chemicals, hazardous wastes and other environmental hazards to which pupils and school personnel may be exposed.

      Sec. 4. NRS 386.590 is hereby amended to read as follows:

      386.590  1.  Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.

      2.  A governing body of a charter school shall employ:

      (a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4, 5, 6, 7 or 8, a licensed teacher to teach pupils who are enrolled in those grades. If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

      (b) If the charter school offers instruction in grade 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the subjects set forth in subsection 4. If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

      (c) In addition to the requirements of paragraphs (a) and (b):

 


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             (1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.

             (2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full-time.

             (3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full-time.

      3.  A person who is initially hired by the governing body of a charter school on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if the person has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by his or her current employer.

      4.  A teacher who is employed by a charter school, regardless of the date of hire, must, on or before July 1, 2006, possess the qualifications required by 20 U.S.C. § 6319(a) if the teacher teaches one or more of the following subjects:

      (a) English [, reading or] language arts;

      (b) Mathematics;

      (c) Science;

      (d) [Foreign] A foreign or world language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      5.  Except as otherwise provided in NRS 386.588, a charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsections 2, 3 and 4 if the person has:

      (a) A degree, a license or a certificate in the field for which the person is employed to teach at the charter school; and

      (b) At least 2 years of experience in that field.

      6.  Except as otherwise provided in NRS 386.588, a charter school shall employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

      (a) A valid teacher’s license issued pursuant to chapter 391 of NRS with an administrative endorsement;

      (b) A master’s degree in school administration, public administration or business administration; or

      (c) At least 5 years of experience in school administration, public administration or business administration and a baccalaureate degree.

      7.  Except as otherwise provided in subsection 8, the portion of the salary or other compensation of an administrator employed by a charter school that is derived from public funds must not exceed the salary or other compensation, as applicable, of the highest paid administrator in a comparable position in the school district in which the charter school is located. For purposes of determining the salary or other compensation of the highest paid administrator in a comparable position in the school district, the salary or other compensation of the superintendent of schools of that school district must not be included in the determination.

 


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ê2015 Statutes of Nevada, Page 2087 (Chapter 371, SB 25)ê

 

highest paid administrator in a comparable position in the school district, the salary or other compensation of the superintendent of schools of that school district must not be included in the determination.

      8.  If the salary or other compensation paid to an administrator employed by a charter school from public funds exceeds the maximum amount prescribed in subsection 7, the sponsor of the charter school shall conduct an audit of the salary or compensation. The audit must include, without limitation, a review of the reasons set forth by the governing body of the charter school for the salary or other compensation and the interests of the public in using public funds to pay that salary or compensation. If the sponsor determines that the payment of the salary or other compensation from public funds is justified, the sponsor shall provide written documentation of its determination to the governing body of the charter school and to the Department. If the sponsor determines that the payment of the salary or other compensation from public funds is not justified, the governing body of the charter school shall reduce the salary or compensation paid to the administrator from public funds to an amount not to exceed the maximum amount prescribed in subsection 7.

      9.  A charter school shall not employ a person pursuant to this section if the person’s license to teach or provide other educational services has been revoked or suspended in this State or another state.

      10.  On or before November 15 of each year, a charter school shall submit to the Department, in a format prescribed by the Superintendent of Public Instruction, the following information for each person who is licensed pursuant to chapter 391 of NRS and who is employed by the governing body on October 1 of that year:

      (a) The amount of salary or compensation of the licensed person, including, without limitation, verification of compliance with subsection 7, if applicable to that person; and

      (b) The designated assignment, as that term is defined by the Department, of the licensed person.

      Sec. 4.5. NRS 387.1221 is hereby amended to read as follows:

      387.1221  1.  The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.

      2.  Any unused allocations for special education program units may be reallocated by the Superintendent of Public Instruction to other school districts, charter schools , [or] university schools for profoundly gifted pupils [by the Superintendent of Public Instruction.] or hospitals or facilities which are licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provide residential treatment to children and which operate a private school licensed pursuant to chapter 394 of NRS. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated.

 


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ê2015 Statutes of Nevada, Page 2088 (Chapter 371, SB 25)ê

 

allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.

      3.  Any unused allocation of a special education program unit that is reallocated to a hospital or facility which is licensed by the Division of Public and Behavioral Health pursuant to subsection 2 must be provided as a percentage of a unit as determined based upon the number of days that such a program is provided compared to the total number of school days for the year.

      4.  A school district, a charter school or a university school for profoundly gifted pupils may, after receiving the approval of the Superintendent of Public Instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.

      [4.]5.  A school district in a county whose population is less than 700,000, a charter school or a university school for profoundly gifted pupils that receives an allocation for special education program units may use not more than 15 percent of its allocation to provide early intervening services.

      6.  As used in this section:

      (a) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 5. NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

             (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full-time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

             (4) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year . [, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).]

 


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ê2015 Statutes of Nevada, Page 2089 (Chapter 371, SB 25)ê

 

proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).]

                   (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year . [, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).]

             (5) The count of pupils not included under subparagraph (1), (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.475 on that day.

             (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.475 on the last day of the first school month of the school district for the school year.

             (7) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

             (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 5 of NRS 386.560, subsection 5 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the largest number from among the immediately preceding 2 school years must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      3.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is more than 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger enrollment number from the current year or the immediately preceding school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

 


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ê2015 Statutes of Nevada, Page 2090 (Chapter 371, SB 25)ê

 

school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      4.  If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 2 or 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      5.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      6.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      7.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

      Sec. 6. NRS 387.124 is hereby amended to read as follows:

      387.124  Except as otherwise provided in this section and NRS 387.528:

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. Except as otherwise provided in NRS 387.1244, the apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school, all the funds attributable to pupils who reside in the county and are enrolled full-time or part-time in a program of distance education provided by another school district or a charter school and all the funds attributable to pupils who are enrolled in a university school for profoundly gifted pupils located in the county. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support.

      2.  Except as otherwise provided in subsection 3 and NRS 387.1244, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides minus the sponsorship fee prescribed by NRS 386.570 and minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

 


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ê2015 Statutes of Nevada, Page 2091 (Chapter 371, SB 25)ê

 

charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

      3.  Except as otherwise provided in NRS 387.1244, the apportionment to a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 386.570 and minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.

      4.  Except as otherwise provided in NRS 387.1244, in addition to the apportionments made pursuant to this section, if a pupil is enrolled part-time in a program of distance education and part-time in a:

      (a) Public school other than a charter school, an apportionment must be made to [a school district or charter school that provides a program of distance education for each pupil who is enrolled part-time in the program. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for] the school district in which the pupil resides. The school district in which the pupil resides shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.854.

      (b) Charter school, an apportionment must be made to the charter school in which the pupil is enrolled. The charter school in which the pupil is enrolled shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.858.

      5.  The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

      6.  Except as otherwise provided in NRS 387.1244, the apportionment to a university school for profoundly gifted pupils, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the university school is located plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the university school is located. If the apportionment per pupil to a university school for profoundly gifted pupils is more than the amount to be apportioned to the school district in which the university school is located, the school district shall pay the difference directly to the university school. The governing body of a university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1.

 


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ê2015 Statutes of Nevada, Page 2092 (Chapter 371, SB 25)ê

 

university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A university school for profoundly gifted pupils may receive all four apportionments in advance in its first year of operation.

      7.  The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the “Nutrition State Match” pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the district’s reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.

      8.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, the State Controller may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

      Sec. 7. NRS 387.3035 is hereby amended to read as follows:

      387.3035  The Department shall:

      1.  Determine the apportionment of all state school money to schools of the State as prescribed by law.

      2.  Develop for public schools of the State a uniform system of budgeting and accounting. The system must provide for the separate reporting of expenditures for each:

      (a) School district; and

      (b) School within a school district.

Ê Upon approval of the State Board, the system is mandatory for all public schools in this State and must be enforced as provided in subsection 2 of NRS 387.3037.

      3.  Carry on a continuing study of school finance in the State, particularly the method by which schools are financed on the state level, and make such recommendations to the Superintendent of Public Instruction for submission to the [State Board] Governor as the Department deems advisable.

      4.  Recommend to the Superintendent of Public Instruction for submission to the [State Board] Governor such changes in budgetary and financial procedures as the studies may show to be advisable.

      5.  Perform such other statistical and financial duties pertaining to the administration and finances of the schools of the State as may be required by the Superintendent of Public Instruction.

      6.  Prepare for the Superintendent of Public Instruction the biennial budgets of the Department for [consideration by the State Board and] submission to the Governor.

 


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ê2015 Statutes of Nevada, Page 2093 (Chapter 371, SB 25)ê

 

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

      388.854  1.  Before a pupil may enroll full-time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, [the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part-time in a program of distance education that is provided by a charter school,] the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Except as otherwise provided in NRS 388.850 or other specific statute, a board of trustees from whom permission is requested pursuant to this subsection shall grant the requested permission.

      2.  A pupil who enrolls part-time in a program of distance education that is provided by a school district other than the school district in which the pupil resides or [enrolls full-time in a program of distance education] that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

      3.  If the board of trustees of a school district grants permission for a pupil to enroll full-time in a program of distance education pursuant to subsection 1 [,] or if a pupil enrolls part-time in a program of distance education pursuant to subsection 2, the board of trustees of the school district in which the pupil resides shall enter into a written agreement with the board of trustees of the school district or the governing body [,] of the charter school, as applicable, that provides the program of distance education. If the pupil enrolls part-time in a program of distance education, the agreement must include, without limitation, the amount of the apportionment provided to the school district where the pupil resides that will be allocated pursuant to paragraph (a) of subsection 4 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      4.  A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. If permission is granted pursuant to subsection 1, the written agreement required by this subsection is not a condition precedent to the pupil’s enrollment in the program of distance education.

      5.  If the school district in which the pupil resides and the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education in which the pupil is enrolled part-time are unable to reach an agreement as required pursuant to subsection 3, the Superintendent of Public Instruction will determine the amount of the apportionment which the school district where the pupil resides will be required to allocate pursuant to paragraph (a) of subsection 4 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

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

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

      2.  [Before a] A pupil who is enrolled in a charter school may enroll part-time in a program of distance education that is provided by a school district or another charter school [, the pupil must] and is not required to obtain the [written permission] approval of the governing body of the charter school in which the pupil is enrolled.

 


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ê2015 Statutes of Nevada, Page 2094 (Chapter 371, SB 25)ê

 

district or another charter school [, the pupil must] and is not required to obtain the [written permission] approval of the governing body of the charter school in which the pupil is enrolled.

      3.  If [the governing body of] a pupil who is enrolled in a charter school [grants permission pursuant to subsection 2, the] enrolls in a part-time program of distance education that is provided by a school district or another charter school, the governing body of the charter school in which the pupil is enrolled shall enter into a written agreement with the board of trustees of the school district or governing body [,] of the charter school, as applicable, that provides the program of distance education. The agreement must include, without limitation, the amount of the apportionment provided to the charter school in which the pupil is enrolled that will be allocated pursuant to paragraph (b) of subsection 4 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      4.  A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education.

      5.  If the charter school in which the pupil is enrolled and the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education are unable to reach an agreement as required pursuant to subsection 3, the Superintendent of Public Instruction will determine the amount of the apportionment which the charter school in which the pupil is enrolled is required to allocate pursuant to paragraph (b) of subsection 4 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      Sec. 10. NRS 389.012 is hereby amended to read as follows:

      389.012  1.  The State Board shall:

      (a) In accordance with guidelines established by the National Assessment Governing Board and National Center for Education Statistics and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations adopted pursuant thereto, adopt regulations requiring the schools of this State that are selected by the National Assessment Governing Board or the National Center for Education Statistics to participate in the examinations of the National Assessment of Educational Progress.

      (b) Report the results of those examinations to the:

             (1) Governor;

             (2) Board of trustees of each school district of this State;

             (3) Legislative Committee on Education created pursuant to NRS 218E.605; and

             (4) Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625.

      (c) Include in the report required pursuant to paragraph (b) an analysis and comparison of the results of pupils in this State on the examinations required by this section with:

             (1) The results of pupils throughout this country who participated in the examinations of the National Assessment of Educational Progress; and

             (2) The results of pupils on the achievement and proficiency examinations administered pursuant to this chapter.

      2.  If the report required by subsection 1 indicates that the percentage of pupils enrolled in the public schools in this State who are proficient on the National Assessment of Educational Progress differs by more than 10 percent of the pupils who are proficient on the examinations administered pursuant to NRS 389.550 and the examinations administered pursuant to NRS 389.805, the Department shall prepare a written report describing the discrepancy.

 


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ê2015 Statutes of Nevada, Page 2095 (Chapter 371, SB 25)ê

 

percent of the pupils who are proficient on the examinations administered pursuant to NRS 389.550 and the examinations administered pursuant to NRS 389.805, the Department shall prepare a written report describing the discrepancy. The report must include, without limitation, a comparison and evaluation of:

      (a) The standards of content and performance for English language arts and mathematics established pursuant to NRS 389.520 with the standards for English language arts and mathematics that are tested on the National Assessment.

      (b) The standards for proficiency established for the National Assessment with the standards for proficiency established for the examinations that are administered pursuant to NRS 389.550 and the examinations administered pursuant to NRS 389.805.

      3.  The report prepared by the Department pursuant to subsection 2 must be submitted to the:

      (a) Governor;

      (b) Legislative Committee on Education;

      (c) Legislative Bureau of Educational Accountability and Program Evaluation; and

      (d) Council to Establish Academic Standards for Public Schools.

      4.  The Council to Establish Academic Standards for Public Schools shall review and evaluate the report provided to the Council pursuant to subsection 3 to identify any discrepancies in the standards of content and performance established by the Council that require revision and a timeline for carrying out the revision, if necessary. The Council shall submit a written report of its review and evaluation to the Legislative Committee on Education and Legislative Bureau of Educational Accountability and Program Evaluation.

      Sec. 11. NRS 389.018 is hereby amended to read as follows:

      389.018  1.  The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) English [, including reading, composition and writing;] language arts;

      (b) Mathematics;

      (c) Science; and

      (d) Social studies, which includes only the subjects of history, geography, economics and government.

      2.  Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:

      (a) Four units of credit in English [;] language arts;

      (b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;

      (c) Three units of credit in science, including two laboratory courses; and

      (d) Three units of credit in social studies, including, without limitation:

             (1) American government;

             (2) American history; and

             (3) World history or geography.

 


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ê2015 Statutes of Nevada, Page 2096 (Chapter 371, SB 25)ê

 

Ê A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma or an adjusted diploma, as applicable.

      3.  Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) The arts;

      (b) Computer education and technology;

      (c) Health; and

      (d) Physical education.

Ê If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.0185, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

      Sec. 12. NRS 389.520 is hereby amended to read as follows:

      389.520  1.  The Council shall:

      (a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 3, based upon the content of each course, that is expected of pupils for the following courses of study:

             (1) English [, including reading, composition and writing;] language arts;

             (2) Mathematics;

             (3) Science;

             (4) Social studies, which includes only the subjects of history, geography, economics and government;

             (5) The arts;

             (6) Computer education and technology;

             (7) Health; [and]

             (8) Physical education [.] ; and

             (9) A foreign or world language.

      (b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the examinations administered pursuant to NRS 389.550.

      (c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

      2.  The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:

 


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      (a) The ethical use of computers and other electronic devices, including, without limitation:

             (1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and

             (2) Methods to ensure the prevention of:

                   (I) Cyber-bullying;

                   (II) Plagiarism; and

                   (III) The theft of information or data in an electronic form;

      (b) The safe use of computers and other electronic devices, including, without limitation, methods to:

             (1) Avoid cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;

             (2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and

             (3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;

      (c) The secure use of computers and other electronic devices, including, without limitation:

             (1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;

             (2) The necessity for secure passwords or other unique identifiers;

             (3) The effects of a computer contaminant;

             (4) Methods to identify unsolicited commercial material; and

             (5) The dangers associated with social networking Internet sites; and

      (d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.

      3.  The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English language arts and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

      4.  The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:

      (a) Adopt the standards for each course of study, as submitted by the Council; or

      (b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.

      5.  If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:

      (a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and

      (b) Return the standards or the revised standards, as applicable, to the State Board.

Ê The State Board shall adopt the standards of content and performance or the revised standards, as applicable.

 


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      6.  The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 389.550.

      7.  As used in this section:

      (a) “Computer contaminant” has the meaning ascribed to it in NRS 205.4737.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Electronic communication” has the meaning ascribed to it in NRS 388.124.

      Sec. 13. NRS 389.550 is hereby amended to read as follows:

      389.550  1.  The State Board shall, in consultation with the Council, prescribe examinations that comply with 20 U.S.C. § 6311(b)(3) and that measure the achievement and proficiency of pupils:

      (a) For grades 3, 4, 5, 6, 7 and 8 , in the standards of content established by the Council for the subjects of English language arts and mathematics.

      (b) For grades 5 and 8, in the standards of content established by the Council for the subject of science.

      (c) For grades 9, 10, 11 and 12, in the standards of content established by the Council for the subjects required to comply with 20 U.S.C. § 6311(b)(3).

Ê The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.

      2.  In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council, prescribe a writing examination for grades 5 and 8.

      3.  The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board. The examinations must be:

      (a) Administered to pupils in each school district and each charter school at the same time during the spring semester, as prescribed by the State Board.

      (b) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.

      (c) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

      Sec. 14. NRS 389.809 is hereby amended to read as follows:

      389.809  1.  The Department shall develop an informational pamphlet concerning the end-of-course examinations required pursuant to NRS 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807 for pupils who are enrolled in junior high, middle school and high school, and their parents and legal guardians. The pamphlet must include a written explanation of the:

      (a) Importance of passing the end-of-course examinations and the importance of taking the college and career readiness assessment;

 


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      (b) Courses of study for which the end-of-course examinations are administered and the subject areas tested on the college and career readiness assessment;

      (c) Format for the end-of-course examinations and the college and career readiness assessment, including, without limitation, the range of items that are contained on the examinations and the assessment; and

      (d) Maximum number of times, if any, that a pupil is allowed to take the end-of-course examinations if the pupil fails to pass the examinations after the first administration.

      2.  The Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as it considers necessary to ensure that pupils and their parents or legal guardians fully understand the end-of-course examinations and the college and career readiness assessment.

      3.  On or before September 1, the Department shall [provide a] :

      (a) Provide an electronic copy of the pamphlet or revised pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils enrolled in a junior high, middle school or high school grade level [.] ; and

      (b) Post a copy of the pamphlet or revised pamphlet on the Internet website maintained by the Department.

      4.  The board of trustees of each school district shall provide a copy of the pamphlet to each junior high, middle school or high school within the school district for posting. The governing body of each charter school shall ensure that a copy of the pamphlet is posted at the charter school. Each principal of a junior high, middle school, high school or charter school shall ensure that the teachers, counselors and administrators employed at the school fully understand the contents of the pamphlet.

      5.  On or before October 1, the:

      (a) Board of trustees of each school district shall provide a copy of the pamphlet to each pupil who is enrolled in a junior high, middle school or high school of the school district and to the parents or legal guardians of such a pupil.

      (b) Governing body of each charter school shall provide a copy of the pamphlet to each pupil who is enrolled in the charter school at a junior high, middle school or high school grade level and to the parents or legal guardians of such a pupil.

      Sec. 14.5. NRS 391.038 is hereby amended to read as follows:

      391.038  1.  The State Board, in consultation with educational institutions in this State which offer courses of study and training for the education of teachers, the board of trustees of each school district in this State and other educational personnel, shall review and evaluate a course of study and training offered by an educational institution which is designed to provide the education required for:

      (a) The licensure of teachers or other educational personnel;

      (b) The renewal of licenses of teachers or other educational personnel; or

      (c) An endorsement in a field of specialization.

Ê If the course of study and training meets the requirements established by the State Board, it must be approved by the State Board. The State Board shall not approve a course of study or training unless the course of study and training provides instruction, to the extent deemed necessary by the State Board, in the standards of content and performance prescribed by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

 


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Board, in the standards of content and performance prescribed by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

      2.  The State Board may review and evaluate such courses of study and training itself or may recognize a course of study and training approved by a national agency for accreditation acceptable to the Board.

      3.  The State Board shall adopt regulations establishing fees for the review by the Board of a course of study and training submitted to the Board by an educational institution.

      4.  The State Board, in consultation with educational institutions in this State which offer courses of study and training for the education of teachers and other educational personnel, [and the Nevada Association of Colleges for Teacher Education and the Nevada Association of Teacher Educators,] shall adopt regulations governing the approval by the State Board of courses of study and training . [which are accredited by the National Council for Accreditation of Teacher Education, and those which are not so accredited.]

      5.  If the State Board denies or withdraws its approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the State Board.

      Sec. 15. NRS 391.100 is hereby amended to read as follows:

      391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

      2.  A person who is initially hired by the board of trustees of a school district on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if he or she has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by the person’s current employer.

      3.  A person who is employed as a teacher, regardless of the date of hire, must possess, on or before July 1, 2006, the qualifications required by 20 U.S.C. § 6319(a) if the person teaches:

      (a) English [, reading or] language arts;

      (b) Mathematics;

      (c) Science;

      (d) [Foreign] A foreign or world language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      4.  The board of trustees of a school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. A person who is initially hired as a paraprofessional by a school district on or after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c). A person who is employed as a paraprofessional by a school district, regardless of the date of hire, to work in a program supported with Title I money must possess, on or before January 8, 2006, the qualifications required by 20 U.S.C. § 6319(c). For the purposes of this paragraph, a person is not “initially hired” if he or she has been employed as a paraprofessional by another school district or charter school in this State without an interruption in employment before the date of hire by the person’s current employer.

 


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is not “initially hired” if he or she has been employed as a paraprofessional by another school district or charter school in this State without an interruption in employment before the date of hire by the person’s current employer.

      (b) Shall establish policies governing the duties and performance of teacher aides.

      5.  Each applicant for employment pursuant to this section, except a teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the school district a full set of the applicant’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      6.  Except as otherwise provided in subsection 7, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

      (a) Sick leave;

      (b) Sabbatical leave;

      (c) Personal leave;

      (d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;

      (e) Maternity leave; and

      (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,

Ê to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

      7.  A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.

      8.  The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer. In addition, persons who provide police services pursuant to subsection 9 or 10 shall be deemed school police officers.

      9.  The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district.

 


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the school district. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district and on property owned by the school district, but outside the jurisdiction of the metropolitan police department.

      10.  The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district and on property therein that is owned by the school district.

      Sec. 16. NRS 391.323 is hereby amended to read as follows:

      391.323  1.  [Within] Unless the parties agree to a later date, within 30 days after the selection of a hearing officer pursuant to NRS 391.322, the hearing officer shall conduct a hearing. Within 15 days after the conclusion of the hearing, the hearing officer shall prepare and file with the Superintendent of Public Instruction a report containing:

      (a) A recommendation as to whether the license of the licensee should be suspended or revoked; and

      (b) Findings of fact and conclusions of law which support the recommendation.

      2.  The State Board may accept or reject the recommendation or refer the report back to the hearing officer for further evidence and recommendation, and shall notify the teacher, administrator or other licensed employee in writing of its decision. The decision of the State Board is a final decision in a contested case.

      Sec. 17. NRS 392.033 is hereby amended to read as follows:

      392.033  1.  The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, including, without limitation, English [,] language arts, mathematics, science and social studies. The regulations may include the credits to be earned in each course.

      2.  Except as otherwise provided in subsection 4, the board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs of remedial study to complete the courses of study required for promotion to high school.

      3.  The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

      4.  The board of trustees of each school district shall adopt a policy that allows a pupil who has not completed the courses of study or credits required for promotion to high school to be placed on academic probation and to enroll in high school. A pupil who is on academic probation pursuant to this subsection shall complete appropriate remediation in the subject areas that the pupil failed to pass.

 


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that the pupil failed to pass. The policy must include the criteria for eligibility of a pupil to be placed on academic probation. A parent or guardian may elect not to place his or her child on academic probation but to remain in grade 8.

      5.  A homeschooled child who enrolls in a public high school shall, upon initial enrollment:

      (a) Provide documentation sufficient to prove that the child has successfully completed the courses of study required for promotion to high school through an accredited program of homeschool study recognized by the board of trustees of the school district;

      (b) Demonstrate proficiency in the courses of study required for promotion to high school through an examination prescribed by the board of trustees of the school district; or

      (c) Provide other proof satisfactory to the board of trustees of the school district demonstrating competency in the courses of study required for promotion to high school.

      Sec. 18. NRS 392.700 is hereby amended to read as follows:

      392.700  1.  If the parent of a child who is subject to compulsory attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.

      2.  The notice of intent to homeschool must be filed before beginning to homeschool the child or:

      (a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or

      (b) Not later than 30 days after establishing residency in this State.

      3.  The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory attendance.

      4.  If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.

      5.  A notice of intent to homeschool must include only the following:

      (a) The full name, age and gender of the child;

      (b) The name and address of each parent filing the notice of intent to homeschool;

      (c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;

      (d) An educational plan for the child that is prepared pursuant to subsection 12;

      (e) If applicable, the name of the public school in this State which the child most recently attended; and

      (f) An optional statement that the parent may sign which provides:

 


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I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.

 

      6.  Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.

      7.  The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory school attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.

      8.  The superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information:

      (a) To a person or entity specified by the parent of the child, or by the child if the child is at least 18 years of age, upon suitable proof of identity of the parent or child; or

      (b) If required by specific statute.

      9.  If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the school district in which the child resides of the child’s enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the calculation of basic support pursuant to NRS 387.1233. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.

      10.  A school or organization shall not discriminate in any manner against a child who is or was homeschooled.

      11.  Each school district shall allow homeschooled children to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 389.004.

      12.  The parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English [, including reading, composition and writing,] language arts, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent.

 


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determined by the parent. The educational plan must be included in the notice of intent to homeschool filed pursuant to this section. If the educational plan contains the requirements of this section, the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court. This subsection does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.

      13.  No regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his or her child based on religious preference unless it is:

      (a) Essential to further a compelling governmental interest; and

      (b) The least restrictive means of furthering that compelling governmental interest.

      14.  As used in this section, “parent” means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.

      Sec. 19. NRS 394.241 is hereby amended to read as follows:

      394.241  1.  An elementary or secondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:

      (a) The quality and content of each course of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.

      (b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.

      (c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably ensure that the students will receive education consistent with the objectives of the course or program of study.

      (d) The institution provides pupils and other interested persons with a catalog or brochure containing information describing the grades or programs offered, program objectives, length of school year or program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and such other material facts concerning the institution as are reasonably likely to affect the decision of the parents or pupil to enroll in the institution, together with any other disclosures specified by the Superintendent or defined in the regulations of the Board, and the information is provided to parents or prospective pupils before enrollment.

      (e) Upon satisfactory completion of training or instruction, the pupil is given appropriate educational credentials by the institution indicating that the course of instruction or study has been satisfactorily completed.

      (f) Adequate records are maintained by the institution to show attendance, progress and performance.

      (g) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including regulations adopted relative to the safety and health of all persons upon the premises.

      (h) The institution is financially sound and capable of fulfilling its commitments.

 


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      (i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.

      (j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.

      (k) The pupil housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.

      (l) The institution has a fair and equitable cancellation and refund policy.

      2.  Accreditation by national or regional accrediting agencies recognized by the United States Department of Education , including, without limitation, the Middle States Commission on Higher Education, the New England Association of Schools and Colleges, the North Central Association of Colleges and Schools, the Southern Association of Colleges and Schools and the Accrediting Commission for Schools, Western Association of Schools and Colleges, may be accepted as evidence of compliance with the minimum standards established pursuant to this section. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited.

      Sec. 20. NRS 120A.610 is hereby amended to read as follows:

      120A.610  1.  Except as otherwise provided in subsections 4 to 8, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords, in his or her judgment, the most favorable market for the property. The Administrator may decline the highest bid and reoffer the property for sale if the Administrator considers the bid to be insufficient.

      2.  Any sale held under this section must be preceded by a single publication of notice, at least 3 weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold.

      3.  The purchaser of property at any sale conducted by the Administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of ownership.

      4.  Except as otherwise provided in subsection 5, the Administrator need not offer any property for sale if the Administrator considers that the probable cost of the sale will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:

      (a) The Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.

Ê An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

 


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      5.  The Administrator shall transfer property to the Department of Veterans Services, upon its written request, if the property has military value.

      6.  Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

      (a) Over the counter at the prevailing price for that security at the time of sale; or

      (b) By any other method the Administrator deems acceptable.

      7.  The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.

      8.  All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Account in the State General Fund. At the end of each fiscal year, before any other money in the Abandoned Property Trust Account is transferred pursuant to NRS 120A.620, the balance in the subaccount created pursuant to this subsection, less any costs, service charges or claims chargeable to the subaccount, must be transferred to the Educational Trust Account, which is hereby created in the State General Fund. The money in the Educational Trust Account may be expended only as authorized by the Legislature , if it is in session, or by the Interim Finance Committee, if the Legislature is not in session, for educational purposes.

      Sec. 21. NRS 385.060 and 390.400 are hereby repealed.

      Sec. 22.  This act becomes effective on July 1, 2015.

________

CHAPTER 372, SB 56

Senate Bill No. 56–Committee on Judiciary

 

CHAPTER 372

 

[Approved: June 5, 2015]

 

AN ACT relating to graffiti; revising the definition of “graffiti”; expanding the list of items that are considered graffiti implements which are unlawful to carry in certain places; clarifying that a governmental entity may bring a civil action for damages to public property; authorizing the governing body of a city to adopt ordinances to address covering and removing certain graffiti on residential and nonresidential property; revising provisions governing money in a city’s graffiti reward and abatement fund; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 2108 (Chapter 372, SB 56)ê

 

Legislative Counsel’s Digest:

      Existing law makes it a crime to place graffiti on or otherwise deface the public or private property, real or personal, of another, without the permission of the owner. (NRS 206.330) Sections 5, 8.2 and 16 of this bill revise the definition of “graffiti” to: (1) clarify that estrays and livestock are included within the scope of property to which the offense of graffiti applies; and (2) exclude certain items which are affixed to property.

      Existing law makes it a misdemeanor for a person to carry on his or her person, in certain public places, a graffiti implement with the intent to vandalize, place graffiti on or deface property. (NRS 206.335) Section 7 of this bill revises the definition of “graffiti implement” to include any item that may be used to etch or deface property.

      Existing law requires a person who is ordered to pay restitution for placing graffiti on public property to pay the restitution to the governmental entity that has incurred expenses for abating the graffiti. (NRS 206.345) Section 8 of this bill authorizes the payment of restitution to a governmental entity for future expenses to abate the graffiti. Existing law also authorizes the owner of public or private property that has been damaged by graffiti to bring a civil action against the person who placed the graffiti and recover damages in an amount up to three times the amount of any loss in value to property and up to three times the cost of restoring the property plus attorney’s fees and costs. (NRS 206.345) Section 8 clarifies that a governmental entity may also bring a civil action to recover such damages from a person who placed graffiti on property if the governmental entity owns or is otherwise responsible for the damaged property.

      Existing law authorizes a board of county commissioners to provide by ordinance for the covering or removal of certain graffiti on certain types of property. (NRS 244.36935) Sections 8.4 and 8.6 of this bill revise provisions governing the covering or removal of certain graffiti that is placed on residential property. Section 14 of this bill authorizes the governing body of a city to similarly provide by ordinance for the covering or removal of certain graffiti on residential property.

      Existing law authorizes a board of county commissioners to provide by ordinance procedures pursuant to which the board may order an owner of nonresidential property to cover or remove certain graffiti on the owner’s property. (NRS 244.3694) Section 8.8 of this bill revises provisions governing the covering or removal of graffiti that is placed on nonresidential property. Section 15 of this bill similarly authorizes the governing body of a city to provide by ordinance procedures pursuant to which the governing body may order an owner of nonresidential property to cover or remove certain graffiti on the owner’s property.

      Existing law requires the governing body of each city to create a fund to pay, upon approval by the governing body of the city, a reward to certain persons who provide information which results in the identification, apprehension and conviction of a person who violated a city ordinance prohibiting graffiti or other defacement of property. (NRS 268.4085) Section 18 of this bill expands the authorized use of money in the fund: (1) to purchase supplies or pay for other graffiti abatement costs incurred by the city; (2) to be paid for information which results in the identification, apprehension or conviction of a person who is alleged to have violated a city ordinance that prohibits graffiti or defacement of property; and (3) to be paid upon approval of the city manager, the authorized designee of the city manager or, if the city does not have a city manager, the governing body of the city.

 


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ê2015 Statutes of Nevada, Page 2109 (Chapter 372, SB 56)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 206 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 206.005 and sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Estray” means any livestock running at large upon public or private lands in this State whose owner is unknown in the section where the animal is found.

      Sec. 4. “Livestock” has the meaning ascribed to it in NRS 205.219.

      Sec. 5. NRS 206.005 is hereby amended to read as follows:

      206.005  [As used in this chapter, “graffiti”]

      1.  “Graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on or affixed to the public or private property, real or personal, of another, including, without limitation, an estray or one or more head of livestock, which defaces the property.

      2.  The term does not include any item affixed to property which may be removed:

      (a) By hand without defacing the property;

      (b) Through the use of a chemical or cleaning solvent commonly used for removing an adhesive substance without defacing the property; or

      (c) Without the use of a decal remover tool.

      3.  As used in this section, “decal remover tool” means any device using power or heat to remove an adhesive substance.

      Sec. 6. NRS 206.150 is hereby amended to read as follows:

      206.150  1.  Except as otherwise provided in subsections 2 and 3, any person who willfully and maliciously kills, maims or disfigures any animal belonging to another, or exposes any poison or noxious substance with intent that it should be taken by the animal is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

      2.  Except as otherwise provided in NRS 205.220, a person who willfully and maliciously kills an estray or one or more head of livestock, without the authority to do so, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  The provisions of subsection 1 do not apply to any person who kills a dog pursuant to NRS 575.020.

      [4.  As used in this section:

      (a) “Estray” means any livestock running at large upon public or private lands in this state, whose owner is unknown in the section where the animal is found.

      (b) “Livestock” has the meaning ascribed to it in NRS 205.219.]

      Sec. 7. NRS 206.335 is hereby amended to read as follows:

      206.335  1.  Any person who carries on his or her person a graffiti implement with the intent to vandalize, place graffiti on or otherwise deface public or private property, real or personal, of another:

 


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ê2015 Statutes of Nevada, Page 2110 (Chapter 372, SB 56)ê

 

      (a) While on or under any overpass or bridge or in any flood channel;

      (b) At any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public which states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or

      (c) In a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization,

Ê is guilty of a misdemeanor unless the person has first received valid authorization from the governmental entity which has jurisdiction over the public area or other person who is designated to provide such authorization.

      2.  As used in this section:

      (a) “Broad-tipped indelible marker” means any felt-tipped marker or similar implement which contains a fluid that is not soluble in water and which has a flat or angled writing surface of a width of one-half inch or greater.

      (b) “Graffiti implement” means any broad-tipped indelible marker , [or] aerosol paint container , carbide-tipped instrument or other item that may be used to [propel] :

             (1) Propel or apply [fluid] any substance that is not soluble in water [.] ; or

             (2) Etch or deface property.

      (c) “Public transportation vehicle” means a bus, train or other vehicle or instrumentality used to transport persons from a transportation facility to another location.

      (d) “Transportation facility” means an airport, marina, bus terminal, train station, bus stop or other facility where a person may go to obtain transportation.

      Sec. 8. NRS 206.345 is hereby amended to read as follows:

      206.345  1.  A court may, in addition to any other fine or penalty imposed, order a person who places graffiti on or otherwise defaces public or private property in violation of NRS 206.125 or 206.330 to participate in counseling, and if the person is less than 18 years of age, order the parent or legal guardian of the person to attend or participate in counseling pursuant to NRS 62E.290.

      2.  If a court orders a person who violates the provisions of NRS 206.125 or 206.330 to pay restitution, the person shall pay the restitution to:

      (a) The owner of the property which was affected by the violation; or

      (b) If the violation involved the placing of graffiti on any public property, the governmental entity that incurred or will incur expenses for removing, covering or cleaning up the graffiti.

      3.  The owner of [public or private] the property that has been damaged by graffiti or a governmental entity that is otherwise responsible for the property may bring a civil action against the person who placed the graffiti on such property. The court may award to the governmental entity or other property owner damages in an amount up to three times the amount of any loss in value to the property and up to three times the cost of restoring the property plus attorney’s fees and costs, which may be recovered from the offender or, if the offender is less than 18 years of age, from the parent or legal guardian of the offender.

 


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ê2015 Statutes of Nevada, Page 2111 (Chapter 372, SB 56)ê

 

      Sec. 8.2. NRS 244.36915 is hereby amended to read as follows:

      244.36915  1.  “Graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn , [or] painted on or affixed to the public or private property, real or personal, of another, including, without limitation, an estray or one or more head of livestock, which defaces such property.

      2.  The term does not include any item affixed to property which may be removed:

      (a) By hand without defacing the property;

      (b) Through the use of a chemical or cleaning solvent commonly used for removing an adhesive substance without defacing the property; or

      (c) Without the use of a decal remover tool.

      3.  As used in this section:

      (a) “Decal remover tool” means any device using power or heat to remove an adhesive substance.

      (b) “Estray” has the meaning ascribed to it in section 3 of this act.

      (c) “Livestock” has the meaning ascribed to it in NRS 205.219.

      Sec. 8.4. NRS 244.3692 is hereby amended to read as follows:

      244.3692  “Residential property” means a parcel of land, including all structures thereon, that is [zoned for] an owner-occupied single-family [residential use.] residence.

      Sec. 8.6. NRS 244.36935 is hereby amended to read as follows:

      244.36935  1.  The board of county commissioners may adopt by ordinance procedures pursuant to which officers, employees or other designees of the county may cover or remove graffiti that is [:

      (a) Placed] placed on [the exterior of a fence or wall located on the perimeter of] residential property . [; and

      (b) Visible from a public right-of-way.]

      2.  An ordinance adopted pursuant to subsection 1 must provide that:

      (a) Officers, employees or other designees of the county shall not cover or remove the graffiti unless:

             (1) The owner of the residential property consents to the covering or removal of the graffiti; or

             (2) If the board of county commissioners or its designee is unable to contact the owner of the residential property to obtain the owner’s consent, the board first provides the owner of the property with written notice that is:

                   (I) Sent by certified mail, return receipt requested; and

                    (II) Posted on the residential property on which the graffiti will be covered or from which the graffiti will be removed,

Ê at least 5 days before the officers, employees or other designees of the county cover or remove the graffiti.

      (b) The county shall pay the cost of covering or removing the graffiti.

      Sec. 8.8. NRS 244.3694 is hereby amended to read as follows:

      244.3694  1.  The board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of nonresidential property within the county to cover or remove graffiti that is [:

      (a) Placed] placed on that nonresidential property [; and

      (b) Visible from a public right-of-way,

Ê] to protect the public health, safety and welfare of the residents of the county and to prevent blight upon the community.

      2.  An ordinance adopted pursuant to subsection 1 must:

 


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      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, of the existence on the owner’s property of graffiti and the date by which the owner must cover or remove the graffiti; and

             (2) Afforded an opportunity for a hearing and an appeal before the board or its designee.

      (b) Provide that the date specified in the notice by which the owner must cover or remove the graffiti is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the county will recover money expended for labor and materials used to cover or remove the graffiti if the owner fails to cover or remove the graffiti.

      3.  The board or its designee may direct the county to cover or remove the graffiti and may recover the amount expended by the county for labor and materials used to cover or remove the graffiti if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the order; or

      (c) The board has denied the appeal of the owner and the owner has failed to cover or remove the graffiti within the period specified in the order.

      4.  In addition to any other reasonable means of recovering money expended by the county to cover or remove the graffiti, the board may:

      (a) Provide that the cost of covering or removing the graffiti is a lien upon the nonresidential property on which the graffiti was covered or from which the graffiti was removed; or

      (b) Make the cost of covering or removing the graffiti a special assessment against the nonresidential property on which the graffiti was covered or from which the graffiti was removed.

      5.  A lien authorized pursuant to paragraph (a) of subsection 4 must be perfected by:

      (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his or her last known address, as determined by the real property assessment roll in the county in which the nonresidential property is located; and

      (b) Filing with the county recorder of the county in which the nonresidential property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

      6.  A special assessment authorized pursuant to paragraph (b) of subsection 4 may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      7.  As used in this section, “nonresidential property” means all real property other than residential property. The term does not include real property owned by a governmental entity.

 


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ê2015 Statutes of Nevada, Page 2113 (Chapter 372, SB 56)ê

 

      Sec. 9. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 15, inclusive, of this act.

      Sec. 10. As used in NRS 268.4075 to 268.4085, inclusive, and sections 10 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 268.4075 and sections 11, 12 and 13 of this act have the meanings ascribed to them in those sections.

      Sec. 11. “Estray” has the meaning ascribed to it in section 3 of this act.

      Sec. 12.  “Livestock” has the meaning ascribed to it in NRS 205.219.

      Sec. 13. “Residential property” means a parcel of land, including all structures thereon, that is an owner-occupied single-family residence.

      Sec. 14. 1.  The governing body of a city may adopt by ordinance procedures pursuant to which officers, employees or other designees of the city may cover or remove graffiti that is placed on residential property.

      2.  An ordinance adopted pursuant to subsection 1 must provide that:

      (a) Officers, employees or other designees of the city may not cover or remove the graffiti unless:

             (1) The owner of the residential property consents to the covering or removal of the graffiti; or

             (2) If the governing body of the city or its designee is unable to contact the owner of the residential property to obtain the owner’s consent, the governing body first provides the owner of the property with written notice that is:

                   (I) Sent by certified mail, return receipt requested; and

                   (II) Posted on the residential property on which the graffiti will be covered or from which the graffiti will be removed,

Ê at least 5 days before the officers, employees or other designees of the city cover or remove the graffiti.

      (b) The city shall pay the cost of covering or removing the graffiti.

      Sec. 15. 1.  The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of nonresidential property within the city to cover or remove graffiti that is placed on that nonresidential property to protect the public health, safety and welfare of the residents of the city and to prevent blight upon the community.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, of the existence on the owner’s property of graffiti and the date by which the owner must cover or remove the graffiti; and

             (2) Afforded an opportunity for a hearing and an appeal before the governing body of the city or its designee.

      (b) Provide that the date specified in the notice by which the owner must cover or remove the graffiti is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the city will recover money expended for labor and materials used to cover or remove the graffiti if the owner fails to cover or remove the graffiti.

      3.  The governing body of the city or its designee may direct the city to cover or remove the graffiti and may recover the amount expended by the city for labor and materials used to cover or remove the graffiti if:

 


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ê2015 Statutes of Nevada, Page 2114 (Chapter 372, SB 56)ê

 

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the order; or

      (c) The governing body has denied the appeal of the owner and the owner has failed to cover or remove the graffiti within the period specified in the order.

      4.  As used in this section, “nonresidential property” means all real property other than residential property. The term does not include real property owned by a governmental entity.

      Sec. 16. NRS 268.4075 is hereby amended to read as follows:

      268.4075  [As used in this section, NRS 268.408 and 268.4085, “graffiti”]

      1.  “Graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn , [or] painted on or affixed to the public or private property, real or personal, of another, including, without limitation, an estray or one or more head of livestock, which defaces such property.

      2.  The term does not include any item affixed to property which may be removed:

      (a) By hand without defacing the property;

      (b) Through the use of a chemical or cleaning solvent commonly used for removing an adhesive substance without defacing the property; or

      (c) Without the use of a decal remover tool.

      3.  As used in this section, “decal remover tool” means any device using power or heat to remove an adhesive substance.

      Sec. 17. NRS 268.408 is hereby amended to read as follows:

      268.408  1.  The governing body of a city shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.

      2.  The governing body of a city may bring an action against a person responsible for placing graffiti on the property of the city to recover a civil penalty and damages [for the cost of removing or covering the graffiti placed on such property.] pursuant to the provisions of NRS 206.345.

      Sec. 18. NRS 268.4085 is hereby amended to read as follows:

      268.4085  1.  The governing body of each city shall create a graffiti reward and abatement fund. The money in the fund must be used to purchase supplies or pay for other costs incurred by the city which are directly related to graffiti abatement or to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension [and] or conviction of a person who is alleged to have violated or who violates a city ordinance that prohibits graffiti or other defacement of property.

      2.  When a defendant pleads or is found guilty or guilty but mentally ill of violating a city ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.

 


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ê2015 Statutes of Nevada, Page 2115 (Chapter 372, SB 56)ê

 

must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.

      3.  If sufficient money is available in the graffiti reward and abatement fund, a law enforcement agency for the city may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension [and] or conviction of a person who is alleged to have violated or who violates a city ordinance that prohibits graffiti or other defacement of property.

      4.  The money to purchase supplies or pay for other costs incurred by the city which are directly related to graffiti abatement or to pay a reward must be paid out of the graffiti reward and abatement fund upon approval of the city manager, the authorized designee of the city manager or, if the city does not have a city manager, the governing body of the city.

      Sec. 19.  Nothing in this act may be construed to limit the ability of a county or city to enforce any ordinance or regulation relating to the abatement of graffiti adopted before, on or after October 1, 2015.

________

CHAPTER 373, SB 128

Senate Bill No. 128–Senators Woodhouse, Denis, Parks, Kihuen and Segerblom

 

Joint Sponsors: Assemblymen Elliot Anderson, Stewart, Kirner; and Swank

 

CHAPTER 373

 

[Approved: June 5, 2015]

 

AN ACT relating to education; increasing the number of credit hours required for certain students to be eligible for the Governor Guinn Millennium Scholarship; revising the amount of money a student who is eligible for the Governor Guinn Millennium Scholarship may receive per semester; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Governor Guinn Millennium Scholarship Program to provide money to certain students for secondary education and the certain criteria for eligibility for such a scholarship. Such criteria includes a requirement that a student be enrolled in a certain number of credit hours in a community college or other eligible institution. (NRS 396.926, 396.930) Section 1 of this bill increases the number of credit hours in which a community college student must be enrolled in order to be eligible for a Millennium Scholarship from 6 credit hours to 9 credit hours beginning July 1, 2015. Existing law further limits the total amount of money that a student may receive from a Millennium Scholarship to not more than the cost of 12 semester credits per semester and a total amount of not more than $10,000. (NRS 396.934) Section 3 of this bill increases the amount that such a student may receive from a Millennium Scholarship for a semester to not more than the cost of 15 semester credits per semester but the cumulative maximum amount of money that such a student may receive remains unchanged at $10,000.

 


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ê2015 Statutes of Nevada, Page 2116 (Chapter 373, SB 128)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 396.930 is hereby amended to read as follows:

      396.930  1.  Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a Millennium Scholarship if the student:

      (a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before the student applies for the Millennium Scholarship;

      (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:

             (1) After May 1, 2000, but not later than May 1, 2003; or

             (2) After May 1, 2003, and, except as otherwise provided in paragraphs (c), (d) and (f) of subsection 2, not more than 6 years before the student applies for the Millennium Scholarship;

      (c) Does not satisfy the requirements of paragraph (b) and:

             (1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

             (2) Received his or her high school diploma within 4 years after he or she was regularly scheduled to graduate; and

             (3) Applies for the Millennium Scholarship not more than 6 years after he or she was regularly scheduled to graduate from high school;

      (d) Maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:

             (1) A 3.00 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2003 or 2004;

             (2) A 3.10 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2005 or 2006; or

             (3) A 3.25 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2007 or a later graduating class; and

      (e) Is enrolled in at least:

             (1) [Six] Nine semester credit hours in a community college within the System;

             (2) Twelve semester credit hours in another eligible institution; or

             (3) A total of 12 or more semester credit hours in eligible institutions if the student is enrolled in more than one eligible institution.

      2.  The Board of Regents:

      (a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.

      (b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.

      (c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.

      (d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities

 


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ê2015 Statutes of Nevada, Page 2117 (Chapter 373, SB 128)ê

 

Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:

             (1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.

             (2) The minimum number of credits prescribed in paragraph (e) of subsection 1.

      (e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 3.

      (f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1. Such criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.

      3.  Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:

      (a) The minimum score on a standardized test that such students must receive; or

      (b) Other criteria that students must meet,

Ê to be eligible for Millennium Scholarships.

      4.  In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:

      (a) Are pursuing a career in education or health care;

      (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or

      (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

      5.  The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring the applicant’s eligibility for a Millennium Scholarship pursuant to the requirements of this section. The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant has filed an application to legalize the applicant’s immigration status or will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 396.934 is hereby amended to read as follows:

      396.934  1.  Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a Millennium Scholarship is entitled to receive:

 


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ê2015 Statutes of Nevada, Page 2118 (Chapter 373, SB 128)ê

 

      (a) If he or she is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph.

      (b) If he or she is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.

      (c) If he or she is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.

      (d) If he or she is enrolled in more than one eligible institution, including, without limitation, a summer academic term, the amount authorized pursuant to paragraph (a), (b) or (c), or a combination thereof, in accordance with procedures and guidelines established by the Board of Regents.

Ê In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of [12] 15 semester credits per semester pursuant to this subsection.

      2.  No student may be awarded a Millennium Scholarship:

      (a) To pay for remedial courses.

      (b) For a total amount in excess of $10,000.

      3.  A student who receives a Millennium Scholarship shall:

      (a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8; and

      (b) If the student graduated from high school after May 1, 2003, maintain:

             (1) At least a 2.60 grade point average on a 4.0 grading scale for each semester during the first year of enrollment in the Governor Guinn Millennium Scholarship Program.

             (2) At least a 2.75 grade point average on a 4.0 grading scale for each semester during the second year of enrollment in the Governor Guinn Millennium Scholarship Program and for each semester during each year of enrollment thereafter.

      4.  A student who receives a Millennium Scholarship is encouraged to volunteer at least 20 hours of community service for this State, a political subdivision of this State or a charitable organization that provides service to a community or the residents of a community in this State during each year in which the student receives a Millennium Scholarship.

 

 

 

 


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ê2015 Statutes of Nevada, Page 2119 (Chapter 373, SB 128)ê

 

      5.  If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he or she is not eligible for the Millennium Scholarship for the succeeding semester of enrollment. If such a student:

      (a) Subsequently satisfies the requirements of subsection 3 in a semester in which he or she is not eligible for the Millennium Scholarship, the student is eligible for the Millennium Scholarship for the student’s next semester of enrollment.

      (b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, the student is no longer eligible for a Millennium Scholarship.

      6.  A Millennium Scholarship must be used only:

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

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

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

      7.  The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8. The Millennium Scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 6. If a student is enrolled in more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.

      8.  The Board of Regents shall establish:

      (a) Criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 7.

      (b) Procedures to ensure that all money from a Millennium Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.

      (c) Procedures and guidelines for the administration of a Millennium Scholarship for students who are enrolled in more than one eligible institution.

      Sec. 4.  This act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 2120ê

 

CHAPTER 374, SB 137

Senate Bill No. 137–Senator Hardy

 

CHAPTER 374

 

[Approved: June 5, 2015]

 

AN ACT relating to insurance; designating a stand-alone dental benefit as the primary policy for certain dental care; prohibiting a health insurer from denying certain claims on the basis that another health insurer has liability to pay the claim; authorizing the Commissioner of Insurance to adopt certain regulations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Certain procedures performed by an oral and maxillofacial surgeon may be covered by both stand-alone dental benefits and policies of health insurance. Existing law regulates policies of health insurance and stand-alone dental benefits separately, but provides for no coordination of claims between the two. (Chapters 686C, 689A, 689B, 689C, 695A, 695B, 695C and 695D of NRS) This bill defines a “stand-alone dental benefit” to mean any policy of insurance which only pays for or reimburses the costs of certain dental care and which is offered or issued separately from any other policy of health insurance. This bill also requires that for an insurance claim for a procedure provided by an oral and maxillofacial surgeon which may be covered by both the patient’s stand-alone dental benefit and policy of health insurance, the stand-alone dental benefit must provide primary coverage. This bill also prohibits a health insurer from denying certain claims for which it has liability on the basis that another health insurer has liability. Finally, this bill authorizes the Commissioner of Insurance to adopt regulations necessary to carry out the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The following provisions apply to a claim for payment submitted for services provided by an oral and maxillofacial surgeon which may be covered, in whole or in part, by a stand-alone dental benefit and a policy of health insurance:

      (a) If a claimant is covered by a stand-alone dental benefit and a policy of health insurance, the stand-alone dental benefit is the primary policy and the claim must be first submitted to the health insurer that issued the stand-alone dental benefit. The issuer of the secondary policy may not reduce benefits based upon payments under the primary policy, except to avoid overpayment to the oral and maxillofacial surgeon.

      (b) Except as otherwise provided in paragraph (a), a health insurer may not deny a claim for which it has liability solely on the basis that another health insurer has liability to pay the claim.

      2.  The Commissioner may adopt regulations necessary to carry out the provisions of this section.

      3.  As used in this section:

 


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ê2015 Statutes of Nevada, Page 2121 (Chapter 374, SB 137)ê

 

      (a) “Oral and maxillofacial surgeon” means a dentist who has been issued a specialist’s license to practice oral and maxillofacial surgery pursuant to NRS 631.250 and who provides any of the services described in paragraph (c) of subsection 1 of NRS 631.215.

      (b) “Stand-alone dental benefit” means any policy which only pays for or reimburses any part of the cost of dental care, as defined in NRS 695D.030, and is offered or issued separately from any policy of health insurance.

      Secs. 2, 3 and 3.5. (Deleted by amendment.)

      Sec. 4.  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 375, SB 195

Senate Bill No. 195–Senator Hardy

 

CHAPTER 375

 

[Approved: June 5, 2015]

 

AN ACT relating to education; creating the Office of the Western Regional Higher Education Compact within the Office of the Governor; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law directs the Governor to execute a compact with certain other states for the purpose of forming a Western Interstate Commission for Higher Education. (NRS 397.010) The compact requires the Western Interstate Commission for Higher Education to enter into certain contractual agreements with certain institutions offering graduate or professional education in other member states in order to increase the opportunities for residents of member states to obtain graduate or professional degrees. (NRS 397.020) Sections 3 and 5 of this bill create the Office of the Western Regional Higher Education Compact within the Office of the Governor. Section 5 requires the Governor to propose a budget for the Office and to appoint a Director of the Office, who is in the unclassified service of the State. Section 5 authorizes the Director to employ any necessary personnel, who are in the classified service of the State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 3. NRS 397.030 is hereby amended to read as follows:

      397.030  1.  In furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor [.] to serve in the Office of the Western Regional Higher Education Compact created by section 5 of this act.

 


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ê2015 Statutes of Nevada, Page 2122 (Chapter 375, SB 195)ê

 

      2.  The qualifications and terms of the three Nevada State Commissioners must be in accordance with Article 4 of the Compact. A Nevada State Commissioner shall hold office until his or her successor is appointed and qualified, but the successor’s term expires 4 years after the legal date of expiration of the term of his or her predecessor.

      3.  Any Nevada State Commissioner may be removed from office by the Governor upon charges and after a hearing.

      4.  The term of any Nevada State Commissioner who ceases to hold the required qualifications terminates when a successor is appointed.

      Sec. 4. NRS 223.085 is hereby amended to read as follows:

      223.085  1.  The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology , the Office of the Western Regional Higher Education Compact and the Governor’s mansion. [Any] Except as otherwise provided by specific statute, such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor.

      2.  [The] Except as otherwise provided by specific statute, the Governor shall:

      (a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and

      (b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

      3.  The Governor may:

      (a) Appoint a Chief Information Officer of the State; or

      (b) Designate the Administrator as the Chief Information Officer of the State.

Ê If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.

      4.  As used in this section, “Administrator” means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.

      Sec. 5. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created within the Office of the Governor the Office of the Western Regional Higher Education Compact.

      2.  The Governor shall propose a budget for the Office of the Western Regional Higher Education Compact.

      3.  The Governor shall appoint a Director of the Office of the Western Regional Higher Education Compact. The Director is in the unclassified service of the State and serves at the pleasure of the Governor.

      4.  The Director may, within the limits of available money, employ such additional personnel as may be required to carry out the duties of the Office of the Western Regional Higher Education Compact, who must be in the classified service of the State.

      Sec. 6.  This act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 2123ê

 

CHAPTER 376, SB 250

Senate Bill No. 250–Senators Hardy, Smith, Roberson, Brower, Farley; Ford, Goicoechea, Gustavson, Harris, Kieckhefer and Lipparelli

 

Joint Sponsors: Assemblymen Oscarson and Titus

 

CHAPTER 376

 

[Approved: June 5, 2015]

 

AN ACT relating to insurance; requiring certain policies of health insurance and health care plans to provide coverage for certain prescriptions dispensed for a supply of less than 30 days; prohibiting certain policies of health insurance and health care plans from prorating any pharmacy dispensing fees for those prescriptions under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain public and private policies of insurance and health care plans to provide coverage for certain procedures, including colorectal cancer screenings, cytological screening tests and mammograms, in certain circumstances. (NRS 287.027, 287.04335, 689A.04042, 689A.0405, 689B.0367, 689B.0374, 695B.1907, 695B.1912, 695C.1731, 695C.1735, 695G.168) Existing law also requires employers to provide certain benefits to employees, including coverage for the procedures required to be covered by insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 1, 3, 4, 6, 7, 10 and 11 of this bill require that certain public and private policies of insurance and health care plans must authorize certain prescriptions to be divided into more than one dispensing for the purpose of synchronizing a patient’s multiple prescriptions. Sections 1, 3, 4, 6, 7, 10 and 11 prohibit these policies and plans from denying a claim for such a prescription that is otherwise covered. Finally, sections 1, 3, 4, 6, 7, 10 and 11 prohibit these policies and plans from prorating the pharmacy dispensing fees for such prescriptions unless otherwise provided by a contract or other agreement.

 

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 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer who offers or issues a policy of health insurance which provides coverage for prescription drugs:

      (a) Must authorize coverage for and may apply a copayment and deductible to a prescription that is dispensed by a pharmacy for less than a 30-day supply if, for the purpose of synchronizing the insured’s chronic medications:

             (1) The prescriber or pharmacist determines that filling or refilling the prescription in that manner is in the best interest of the insured; and

             (2) The insured requests less than a 30-day supply.

      (b) May not deny coverage for a prescription described in paragraph (a) which is otherwise approved for coverage by the insurer.

      (c) Unless otherwise provided by a contract or other agreement, may not prorate any pharmacy dispensing fees for a prescription described in paragraph (a).

 


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ê2015 Statutes of Nevada, Page 2124 (Chapter 376, SB 250)ê

 

      2.  A policy subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2017, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the policy or renewal which is in conflict with this section is void.

      3.  The provisions of this section do not apply to unit-of-use packaging for which synchronization is not practicable or to a controlled substance.

      4.  As used in this section:

      (a) “Chronic medication” means any drug that is prescribed to treat any disease or other condition which is determined to be permanent, persistent or lasting indefinitely.

      (b) “Synchronization” means the alignment of the dispensing of multiple medications by a single contracted pharmacy for the purpose of improving a patient’s adherence to a prescribed course of medication.

      (c) “Unit-of-use packaging” means medication that is prepackaged by the manufacturer in blister packs, compliance packs, course-of-therapy packs or any other packaging which is designed and intended to be dispensed directly to the patient without modification by the dispensing pharmacy, except for the addition of a prescription label.

      Sec. 2. NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

      Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer who offers or issues a policy of group health insurance which provides coverage for prescription drugs:

      (a) Must authorize coverage for and may apply a copayment and deductible to a prescription that is dispensed by a pharmacy for less than a 30-day supply if, for the purpose of synchronizing the insured’s chronic medications:

             (1) The prescriber or pharmacist determines that filling or refilling the prescription in that manner is in the best interest of the insured; and

             (2) The insured requests less than a 30-day supply.

      (b) May not deny coverage for a prescription described in paragraph (a) which is otherwise approved for coverage by the insurer.

      (c) Unless otherwise provided by a contract or other agreement, may not prorate any pharmacy dispensing fees for a prescription described in paragraph (a).

      2.  A policy subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2017, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the policy or renewal which is in conflict with this section is void.

      3.  The provisions of this section do not apply to unit-of-use packaging for which synchronization is not practicable or to a controlled substance.

      4.  As used in this section:

 


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ê2015 Statutes of Nevada, Page 2125 (Chapter 376, SB 250)ê

 

      (a) “Chronic medication” means any drug that is prescribed to treat any disease or other condition which is determined to be permanent, persistent or lasting indefinitely.

      (b) “Synchronization” means the alignment of the dispensing of multiple medications by a single contracted pharmacy for the purpose of improving a patient’s adherence to a prescribed course of medication.

      (c) “Unit-of-use packaging” means medication that is prepackaged by the manufacturer in blister packs, compliance packs, course-of-therapy packs or any other packaging which is designed and intended to be dispensed directly to the patient without modification by the dispensing pharmacy, except for the addition of a prescription label.

      Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A carrier who offers or issues a health benefit plan which provides coverage for prescription drugs:

      (a) Must authorize coverage for and may apply a copayment and deductible to a prescription that is dispensed by a pharmacy for less than a 30-day supply if, for the purpose of synchronizing the insured’s chronic medications:

             (1) The prescriber or pharmacist determines that filling or refilling the prescription in that manner is in the best interest of the insured; and

             (2) The insured requests less than a 30-day supply.

      (b) May not deny coverage for a prescription described in paragraph (a) which is otherwise approved for coverage by the carrier.

      (c) Unless otherwise provided by a contract or other agreement, may not prorate any pharmacy dispensing fees for a prescription described in paragraph (a).

      2.  A health benefit plan subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2017, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the health benefit plan or renewal which is in conflict with this section is void.

      3.  The provisions of this section do not apply to unit-of-use packaging for which synchronization is not practicable or to a controlled substance.

      4.  As used in this section:

      (a) “Chronic medication” means any drug that is prescribed to treat any disease or other condition which is determined to be permanent, persistent or lasting indefinitely.

      (b) “Synchronization” means the alignment of the dispensing of multiple medications by a single contracted pharmacy for the purpose of improving a patient’s adherence to a prescribed course of medication.

      (c) “Unit-of-use packaging” means medication that is prepackaged by the manufacturer in blister packs, compliance packs, course-of-therapy packs or any other packaging which is designed and intended to be dispensed directly to the patient without modification by the dispensing pharmacy, except for the addition of a prescription label.

      Sec. 5. NRS 689C.425 is hereby amended to read as follows:

      689C.425  A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

 


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ê2015 Statutes of Nevada, Page 2126 (Chapter 376, SB 250)ê

 

this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

      Sec. 6. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A hospital or medical services corporation who offers or issues a policy of health insurance which provides coverage for prescription drugs:

      (a) Must authorize coverage for and may apply a copayment and deductible to a prescription that is dispensed by a pharmacy for less than a 30-day supply if, for the purpose of synchronizing the insured’s chronic medications:

             (1) The prescriber or pharmacist determines that filling or refilling the prescription in that manner is in the best interest of the insured; and

             (2) The insured requests less than a 30-day supply.

      (b) May not deny coverage for a prescription described in paragraph (a) which is otherwise approved for coverage by the hospital or medical services corporation.

      (c) Unless otherwise provided by a contract or other agreement, may not prorate any pharmacy dispensing fees for a prescription described in paragraph (a).

      2.  A policy of health insurance subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2017, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the policy of health insurance or renewal which is in conflict with this section is void.

      3.  The provisions of this section do not apply to unit-of-use packaging for which synchronization is not practicable or to a controlled substance.

      4.  As used in this section:

      (a) “Chronic medication” means any drug that is prescribed to treat any disease or other condition which is determined to be permanent, persistent or lasting indefinitely.

      (b) “Synchronization” means the alignment of the dispensing of multiple medications by a single contracted pharmacy for the purpose of improving a patient’s adherence to a prescribed course of medication.

      (c) “Unit-of-use packaging” means medication that is prepackaged by the manufacturer in blister packs, compliance packs, course-of-therapy packs or any other packaging which is designed and intended to be dispensed directly to the patient without modification by the dispensing pharmacy, except for the addition of a prescription label.

      Sec. 7. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health maintenance organization that offers or issues a health care plan which provides coverage for prescription drugs:

      (a) Must authorize coverage for and may apply a copayment and deductible to a prescription that is dispensed by a pharmacy for less than a 30-day supply if, for the purpose of synchronizing the enrollee’s chronic medications:

             (1) The prescriber or pharmacist determines that filling or refilling the prescription in that manner is in the best interest of the enrollee; and

             (2) The enrollee requests less than a 30-day supply.

 


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ê2015 Statutes of Nevada, Page 2127 (Chapter 376, SB 250)ê

 

      (b) May not deny coverage for a prescription described in paragraph (a) which is otherwise approved for coverage by the health maintenance organization.

      (c) Unless otherwise provided by a contract or other agreement, may not prorate any pharmacy dispensing fees for a prescription described in paragraph (a).

      2.  An evidence of coverage subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2017, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the evidence of coverage or renewal which is in conflict with this section is void.

      3.  The provisions of this section do not apply to unit-of-use packaging for which synchronization is not practicable or to a controlled substance.

      4.  As used in this section:

      (a) “Chronic medication” means any drug that is prescribed to treat any disease or other condition which is determined to be permanent, persistent or lasting indefinitely.

      (b) “Synchronization” means the alignment of the dispensing of multiple medications by a single contracted pharmacy for the purpose of improving a patient’s adherence to a prescribed course of medication.

      (c) “Unit-of-use packaging” means medication that is prepackaged by the manufacturer in blister packs, compliance packs, course-of-therapy packs or any other packaging which is designed and intended to be dispensed directly to the patient without modification by the dispensing pharmacy, except for the addition of a prescription label.

      Sec. 8. NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170 to 695C.173, inclusive, 695C.1733 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

 


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      5.  The provisions of NRS 695C.1694, 695C.1695 and 695C.1731 and section 7 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      Sec. 9. NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 7 of this act or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The Commissioner certifies that the health maintenance organization:

             (1) Does not meet the requirements of subsection 1 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

             (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

             (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees;

      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

 

 


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      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 10. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A managed care organization that offers or issues a health care plan which provides coverage for prescription drugs:

      (a) Must authorize coverage for and may apply a copayment and deductible to a prescription that is dispensed by a pharmacy for less than a 30-day supply if, for the purpose of synchronizing the insured’s chronic medications:

             (1) The prescriber or pharmacist determines that filling or refilling the prescription in that manner is in the best interest of the insured; and

             (2) The insured requests less than a 30-day supply.

      (b) May not deny coverage for a prescription described in paragraph (a) which is otherwise approved for coverage by the managed care organization.

      (c) Unless otherwise provided by a contract or other agreement, may not prorate any pharmacy dispensing fees for a prescription described in paragraph (a).

      2.  An evidence of coverage subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2017, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the evidence of coverage or renewal which is in conflict with this section is void.

      3.  The provisions of this section do not apply to unit-of-use packaging for which synchronization is not practicable or to a controlled substance.

      4.  As used in this section:

      (a) “Chronic medication” means any drug that is prescribed to treat any disease or other condition which is determined to be permanent, persistent or lasting indefinitely.

      (b) “Synchronization” means the alignment of the dispensing of multiple medications by a single contracted pharmacy for the purpose of improving a patient’s adherence to a prescribed course of medication.

 

 

 

 

 


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      (c) “Unit-of-use packaging” means medication that is prepackaged by the manufacturer in blister packs, compliance packs, course-of-therapy packs or any other packaging which is designed and intended to be dispensed directly to the patient without modification by the dispensing pharmacy, except for the addition of a prescription label.

      Sec. 11. NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 3 of this act and 689B.287 apply to coverage provided pursuant to this paragraph.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

 

 


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      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 12. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.164, 695G.1645, 695G.167, 695G.170, 695G.171, 695G.173, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 10 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 13.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 14.  This act becomes effective:

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

      2.  On January 1, 2017, for all other purposes.

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ê2015 Statutes of Nevada, Page 2132ê

 

CHAPTER 377, SB 324

Senate Bill No. 324–Senator Manendo (by request)

 

CHAPTER 377

 

[Approved: June 5, 2015]

 

AN ACT relating to the Department of Transportation; authorizing the Director of the Department to issue an encroachment permit for certain discharges onto a state highway, within a right-of-way or into, onto or by way of a conveyance system; providing civil penalties for an unauthorized discharge onto a state highway, within a right-of-way or into, onto or by way of a conveyance system or for a violation of an encroachment permit issued by the Director; creating and setting forth the duties of the Advisory Committee on Transportational Storm Water Management; revising the qualifications of the Director; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person to obtain from the Director of the Department of Transportation a permit before disturbing or digging up, or performing certain similar acts with respect to, a state highway or right-of-way. (NRS 408.423) Section 4 of this bill prohibits a person from discharging onto a state highway, within a right-of-way or into, onto or by way of a conveyance system unless: (1) the discharge is allowed by a valid National Pollutant Discharge Elimination System permit or a valid encroachment permit issued by the Director for the discharge; (2) the discharge is carried out in compliance with the terms of the applicable permit; and (3) the discharge is carried out in accordance with any applicable conditions, rules and regulations prescribed by the Director. In addition, section 4 requires that if a person carries out such a discharge without adhering to the three preceding requirements, the person must, upon receipt of an order for compliance issued pursuant to section 7 of this bill, abate, remove or remediate the discharge in a timely manner. If the person fails to abate, remove or remediate the discharge, the Director may exercise several powers of enforcement, as set forth in sections 5-10 of this bill.

      Sections 5-10 of this bill provide certain enforcement powers to the Director relating to section 4 and authorize the Director to: (1) enter upon any premises to investigate the source of a discharge; (2) issue orders for compliance to enforce the provisions of section 4; (3) seek injunctive relief in a court of competent jurisdiction to prevent the continuance or occurrence of any act which violates or may violate the provisions of section 4; (4) impose a civil penalty of up to $25,000 per day for violations of the provisions of section 4; (5) request that the Attorney General institute a criminal prosecution for a violation of the provisions of section 4; and (6) conduct an independent investigation of any act which violates or may violate the provisions of section 4. Section 10.3 of this bill creates and sets forth the functions and duties of the Advisory Committee on Transportational Storm Water Management, an advisory body which expires by limitation on June 30, 2021.

      Section 11.5 of this bill removes the requirement that the Director be a licensed professional engineer in this State.

 

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.)

 


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      Sec. 2. NRS 405.205 is hereby amended to read as follows:

      405.205  A rural electric cooperative which has been formed pursuant to NRS 81.410 to 81.540, inclusive, may erect or bury, and thereafter maintain or operate, power lines, and may permit the maintenance and operation of telephone lines in connection therewith, along public highways, roads, streets and alleys within the area which it holds a certificate of public convenience and necessity to serve. In exercising this right, the cooperative shall not obstruct the natural and proper use of the highway, road, street or alley, and is subject to the requirements of NRS 408.423 [.] and section 4 of this act.

      Sec. 3.  Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 3.3 to 10.3, inclusive, of this act.

      Sec. 3.3. “Conveyance system” means any system of drainage along or involving the roads or highways of this State, or within the rights-of-way of the Department, and designed or used to collect, contain, store or provide for the flow of surface and storm water. The term includes, without limitation, gutters, curbs, ditches, pipes, culverts, channels, catch basins, vaults, man-made channels or storm drains that are owned, operated or controlled by the Department.

      Sec. 3.5. “Discharge” means the release of any pollutant, as that term is defined in NRS 445A.400, onto any state highway, within any right-of-way or into, onto or by way of any conveyance system.

      Sec. 4. 1.  No person shall discharge or cause a discharge upon a state highway, within a right-of-way or into, onto or by way of a conveyance system unless:

      (a) The discharge is allowed by a valid National Pollutant Discharge Elimination System permit or a valid encroachment permit issued by the Director pursuant to NRS 408.423;

      (b) The person ensures that the discharge is carried out in compliance with the terms of the applicable permit that allows the discharge, as described in paragraph (a); and

      (c) The person ensures that the discharge is carried out in accordance with any applicable conditions, rules and regulations prescribed by the Director.

      2.  If a person violates the provisions of subsection 1, the person shall, upon receipt of an order for compliance issued pursuant to section 7 of this act, abate, remove or remediate the discharge in a timely manner.

      3.  If a person who violates the provisions of subsection 1 fails to abate, remove or remediate the discharge in a timely manner, the Director may abate, remove or remediate the discharge. The abatement, removal or remediation of a discharge pursuant to this subsection gives the Department a right of action to recover any of the following:

      (a) Any expenses associated with the abatement, removal or remediation.

      (b) Attorney’s fees, costs and expenses related to the abatement, removal or remediation.

      (c) An administrative fee in an amount not to exceed $750 for each day of noncompliance with the provisions of subsection 1, commencing on the 6th day after the person who failed to abate, remove or remediate the discharge received an order for compliance pursuant to section 7 of this act.

      (d) A civil penalty pursuant to section 9 of this act.

 


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      4.  The remedies provided in subsection 3 are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to sections 4 to 10, inclusive, of this act.

      5.  All money obtained in accordance with this section, including, without limitation, all fees and monetary penalties imposed pursuant to this section, must be deposited in the State Highway Fund.

      6.  To enforce the provisions of this section, the Director may cooperate and coordinate with the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Office of the Attorney General.

      Sec. 5. To enforce the provisions of section 4 of this act or any rule, regulation, standard, permit or order of the Director related thereto, the Director or an authorized designee of the Director may, upon presenting proper credentials:

      1.  Enter upon any premises upon which any act in violation of section 4 of this act takes place to inspect, investigate, collect data or otherwise document the violation;

      2.  At reasonable times, have access to and copy any records required to be maintained in association with any permit issued for the purposes of section 4 of this act or with any abatement, removal or remediation of a discharge that violates the provisions of section 4 of this act;

      3.  Inspect any equipment or method for the monitoring or observation of a discharge; and

      4.  Have access to and sample any discharge onto the state highway or right-of-way which results directly or indirectly from activities of an owner or operator of a premises where the discharge originates.

      Sec. 6. 1.  Except as otherwise provided in section 10 of this act, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any rule, regulation, standard, permit or order issued by the Director for the purposes of section 4 of this act, the Director may:

      (a) Issue an order for compliance pursuant to section 7 of this act;

      (b) Commence a civil action pursuant to sections 8 and 9 of this act; or

      (c) Request that the Attorney General prosecute any person who violates any provision of sections 4 to 10, inclusive, of this act.

      2.  The remedies provided in subsection 1 are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to sections 4 to 10, inclusive, of this act.

      Sec. 7. 1.  Except as otherwise provided in section 10 of this act, if the Director finds that any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any rule, regulation, standard, permit or order issued by the Director to enforce the provisions of section 4 of this act, the Director or an authorized designee of the Director may issue an order for compliance which:

      (a) Specifies the provisions of section 4 of this act, or any rule, regulation, standard, permit or order issued by the Director, alleged to be violated or about to be violated;

      (b) Indicates the facts alleged which constitute the alleged violation;

      (c) Prescribes the necessary corrective action to be taken and a reasonable period for completion of that corrective action; and

 


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      (d) Except as otherwise provided in this paragraph, is served upon the person at his or her place of business or, if that place of business is unknown, served upon the person through the post office or at his or her last known address of record. Alternatively, the order for compliance may be served upon the person by sending a copy of the order to the electronic mail address of the person, if the electronic mail address of the person is known.

      2.  Any order for compliance issued pursuant to subsection 1 is final and is not subject to review unless the person against whom the order is issued, within 10 days after the date on which the order is served, requests by written petition a hearing before the Director or an authorized designee of the Director.

      Sec. 8. 1.  Except as otherwise provided in section 10 of this act, the Director may seek injunctive relief in a court of competent jurisdiction to prevent the continuance or occurrence of any act or practice which violates any provision of section 4 of this act, or any rule, regulation, standard, permit or order issued pursuant thereto.

      2.  On a showing by the Director or an authorized designee of the Director that a person is engaged or is about to engage in any act or practice which violates or will violate any rule, regulation, standard, permit or order issued for the purposes of section 4 of this act, the court may issue, without bond, any prohibitory or mandatory injunctions that the facts may warrant, including, without limitation, a temporary restraining order issued ex parte, or, after notice and an opportunity for a hearing, a preliminary injunction or permanent injunction.

      3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction pursuant to subsection 2.

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

      5.  An injunction issued pursuant to this section does not abrogate and is in addition to any other remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to sections 4 to 10, inclusive, of this act.

      Sec. 9. Except as otherwise provided in sections 4 to 10, inclusive, of this act, any person who violates or aids or abets in the violation of any provision of section 4 of this act, or of any rule, regulation, standard, permit or order issued pursuant thereto, shall pay a civil penalty of not more than $25,000 for each day of the violation. A civil penalty imposed pursuant to this section is cumulative and does not abrogate and is in addition to any other remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to sections 4 to 10, inclusive, of this act.

      Sec. 10. 1.  Except as otherwise provided in subsection 2, before determining whether to issue an order for compliance, commence a civil action, request that the Attorney General commence a criminal action or seek injunctive relief pursuant to sections 4 to 10, inclusive, of this act, the Director or the authorized designee of the Director shall, if practicable, conduct an independent investigation of the alleged act or practice for which the Director is making the determination.

 


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      2.  The Director is not required to conduct an independent investigation pursuant to subsection 1 if:

      (a) The determination of the Director to take any action specified in that subsection is based on information that is provided to the Director by a person authorized to act pursuant to a permit issued for the purposes of section 4 of this act or by a person who has carried out a discharge that is unauthorized, unlawful or otherwise impermissible pursuant to that section; or

      (b) The alleged act or practice creates an imminent and substantial danger to the public health or the environment.

      Sec. 10.3. 1.  The Advisory Committee on Transportational Storm Water Management is hereby created.

      2.  The Advisory Committee consists of five members appointed by the Director of the State Department of Conservation and Natural Resources as follows:

      (a) One member who represents the Associated General Contractors of America.

      (b) One member who represents the State Department of Conservation and Natural Resources.

      (c) One member who represents the Department of Transportation.

      (d) One member who represents the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (e) One member who represents the public and who has expertise in a field that is relevant to the storm water program.

      3.  The Chair of the Advisory Committee must be the member of the Advisory Committee who is appointed to represent the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      4.  Each member of the Advisory Committee serves for a term of 3 years, beginning on July 1, and may be reappointed.

      5.  Each member of the Advisory Committee serves at the pleasure of the Director of the State Department of Conservation and Natural Resources.

      6.  A vacancy on the Advisory Committee must be filled in the same manner as the original appointment.

      7.  Members of the Advisory Committee serve without compensation and are not entitled to travel or per diem expenses.

      8.  The Advisory Committee shall meet at the call of the Chair as frequently as required to perform its duties.

      9.  The Advisory Committee shall work cooperatively with the Division of Environmental Protection of the State Department of Conservation and Natural Resources to:

      (a) Ensure the sound implementation and functioning of the storm water program.

      (b) Monitor the status and efficacy of the storm water program.

      10.  Not less frequently than once each calendar quarter, the Advisory Committee shall report to the Department of Transportation regarding matters to include, without limitation:

      (a) The activities of the Advisory Committee; and

      (b) The implementation and efficacy of the storm water program.

 


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ê2015 Statutes of Nevada, Page 2137 (Chapter 377, SB 324)ê

 

      11.  Not less frequently than once each calendar quarter, the Department of Transportation shall report to the Interim Finance Committee regarding matters to include, without limitation:

      (a) The activities of the Advisory Committee; and

      (b) The implementation and efficacy of the storm water program.

      12.  As used in this section:

      (a) “Advisory Committee” means the Advisory Committee on Transportational Storm Water Management created by subsection 1.

      (b) “Storm water program” means the program described in sections 4 to 10, inclusive, of this act.

      Sec. 10.5. NRS 408.020 is hereby amended to read as follows:

      408.020  As used in this chapter , unless the context otherwise requires, the words and terms defined in NRS 408.033 to 408.095, inclusive, [unless the context otherwise requires,] and sections 3.3 and 3.5 of this act have the meanings ascribed to them in those sections.

      Sec. 11. NRS 408.050 is hereby amended to read as follows:

      408.050  “Encroachment” means any tower, pole, pole line, wire, pipe, pipeline, fence, billboard, approach road, driveway, stand or building, crop or crops, flora, discharge of any kind or character or any structure which is placed in, upon, under or over any portion of highway rights-of-way.

      Sec. 11.5. NRS 408.163 is hereby amended to read as follows:

      408.163  The Director:

      1.  Is in the unclassified service of the State.

      2.  [Must be a licensed professional engineer in the State.

      3.]  Must have had at least 5 years of responsible administrative experience in public or business administration.

      [4.] 3.  Must possess broad skills as a manager in areas related to the functions of the Department.

      Sec. 12. (Deleted by amendment.)

      Sec. 13. NRS 408.175 is hereby amended to read as follows:

      408.175  1.  The Director shall:

      (a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.

      (b) Appoint one Deputy Director for southern Nevada whose principal office must be located in an urban area in southern Nevada.

      (c) Appoint one Deputy Director with full authority to perform any duty required or allowed by law to be performed by the Director to implement, manage, oversee and enforce any environmental program of the Department. The Deputy Director described in this paragraph shall coordinate the implementation of sections 4 to 10, inclusive, of this act with the State Department of Conservation and Natural Resources.

      (d) Employ such engineers, engineering and technical assistants, clerks and other personnel as in the Director’s judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.

      2.  Except as otherwise provided in NRS 284.143, the Deputy Directors shall devote their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

 


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      3.  The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his or her duties.

      Sec. 13.5. NRS 408.175 is hereby amended to read as follows:

      408.175  1.  The Director shall:

      (a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.

      (b) Appoint one Deputy Director for southern Nevada whose principal office must be located in an urban area in southern Nevada.

      (c) Appoint one Deputy Director with full authority to perform any duty required or allowed by law to be performed by the Director to implement, manage, oversee and enforce any environmental program of the Department. [The Deputy Director described in this paragraph shall coordinate the implementation of sections 4 to 10, inclusive, of this act with the State Department of Conservation and Natural Resources.]

      (d) Employ such engineers, engineering and technical assistants, clerks and other personnel as in the Director’s judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.

      2.  Except as otherwise provided in NRS 284.143, the Deputy Directors shall devote their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

      3.  The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his or her duties.

      Sec. 14. NRS 408.210 is hereby amended to read as follows:

      408.210  1.  Except as otherwise provided in NRS 484D.655, the Director of the Department of Transportation may restrict the use of, or close, any highway whenever the Director considers the closing or restriction of use necessary:

      (a) For the protection of the public.

      (b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.

      (c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the Office of Economic Development or the Director of the Department of Tourism and Cultural Affairs.

      2.  The Director of the Department of Transportation may:

      (a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.

      (b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.

 


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      3.  [The] Except as otherwise provided in sections 4 to 10, inclusive, of this act, the Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or the owner’s agent. In lieu of personal service upon that person or agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice. Removal by the Department of the encroachment on the failure of the owner to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of [$100] $750 for each day the encroachment remains beyond 5 days after the service of the notice and demand.

      4.  If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, the Director may issue a license to the owner or the owner’s agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or the owner’s agent, the owner or agent may propose a time within which he or she will relocate or remove the encroachment as required. If the Director and the owner or the owner’s agent agree upon such a time, the Director shall not himself or herself remove the encroachment unless the owner or the owner’s agent has failed to do so within the time agreed. If the Director and the owner or the owner’s agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or the owner’s agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.

      Sec. 15. NRS 408.423 is hereby amended to read as follows:

      408.423  1.  No state highway or right-of-way may be disturbed, dug up, crossed, encroached upon , discharged upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approach roads, driveways, railways or for any other purpose, without the written permit of the Director, and then only in accordance with the conditions and regulations prescribed by the Director. All such work must be done under the supervision and to the satisfaction of the Director. All costs of replacing the highway in as good condition as previous to its being disturbed must be paid by the persons to whom or on whose behalf such permit was given or by the person by whom the work was done.

      2.  In case of immediate necessity therefor, a city or town may dig up a state highway without a permit from the Director, but in such cases the Director must be first notified and the highway must be replaced forthwith in as good condition as before at the expense of such city or town.

      3.  The Department shall charge each applicant a reasonable fee for all administrative costs incurred by the Department in acting upon an application for a permit, including costs for the preparation and inspection of a proposed encroachment.

 


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      Sec. 15.5. 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. 16.  1.  This section and sections 1 to 13, inclusive, 14, 15 and 15.5 of this act become effective 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 on July 1, 2015, for all other purposes.

      2.  Section 13.5 of this act becomes effective on July 1, 2021.

      3.  Section 10.3 of this act expires by limitation on June 30, 2021.

________

CHAPTER 378, SB 330

Senate Bill No. 330–Senators Lipparelli, Hammond, Hardy, Harris; and Gustavson

 

CHAPTER 378

 

[Approved: June 5, 2015]

 

AN ACT relating to education; authorizing a pupil or school to appeal a final decision or order made pursuant to a regulation adopted by the Nevada Interscholastic Activities Association to a hearing officer appointed by the Executive Director of the Association; establishing certain procedural requirements for the disposition of the appeal; requiring that certain rules and regulations adopted by the Association must apply equally to public schools and private schools that are members of the Association; authorizing a pupil who enrolls in a private school or public school to be immediately eligible to participate and practice in a sanctioned sport under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Nevada Interscholastic Activities Association for the purpose of controlling, supervising and regulating interscholastic athletic events in public schools and further authorizes the Association to adopt rules and regulations for that purpose. (NRS 386.420-386.470) Generally, under the existing regulations of the Association, an aggrieved pupil or school may appeal any determination made pursuant to a regulation adopted by the Association. (NAC 386.850) Such an appeal is considered initially by an administrator of the school district who is responsible for interpreting and enforcing the regulations of the Association, a panel of principals chosen from the schools located in the school district or the Executive Director of the Association. (NAC 386.852, 386.853) A further appeal may be taken to a hearing officer appointed by the Executive Director. (NAC 386.855) Section 5 of this bill authorizes a pupil or school that is aggrieved by a final decision or order of an administrator, a panel of principals or the Executive Director to appeal the decision or order to a hearing officer appointed by the Executive Director. Section 5 establishes certain procedural requirements regarding the disposition of the appeal, including requirements for making the decision of the hearing officer public and accessible in a format that protects the identity of any minor involved in the appeal.

 

 


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ê2015 Statutes of Nevada, Page 2141 (Chapter 378, SB 330)ê

 

      Section 6 of this bill provides that any rules and regulations adopted by the Association governing the eligibility of a pupil who transfers from one school to another school to participate in an interscholastic activity or event must apply equally to public schools and private schools that are members of the Association. Section 6.5 of this bill provides that a pupil who enrolls in the 9th grade at: (1) a public school is immediately eligible to participate and practice in a sanctioned sport at the school if the pupil resides within the zone of attendance of the school at the time of enrollment, regardless of whether the pupil resided in a different zone of attendance or attended a school other than a public school before enrollment in the 9th grade; and (2) a private school is immediately eligible to participate and practice in a sanctioned sport at the school, regardless of whether the pupil attended a school other than a private school before enrollment in the 9th grade.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.

      Sec. 2. As used in NRS 386.420 to 386.470, inclusive, and sections 2 to 6.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 3.5 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Pupil” means a student of a school or a child that receives instruction at home and is excused from compulsory attendance pursuant to NRS 392.070.

      Sec. 3.5. “Sanctioned sport” means any athletic competition that is approved by the Nevada Interscholastic Activities Association.

      Sec. 4. “School” means any school that is affiliated with or is a member of the Nevada Interscholastic Activities Association.

      Sec. 5. 1.  Any pupil or school that is aggrieved by a final decision or order made pursuant to a regulation adopted by the Nevada Interscholastic Activities Association by:

      (a) An administrator of a school district who is responsible for interpreting and enforcing the regulations adopted by the Nevada Interscholastic Activities Association;

      (b) A panel of principals chosen from schools located in a school district; or

      (c) The Executive Director,

Ê may file a written appeal with the Executive Director. The Executive Director shall appoint a hearing officer to review the decision or order that is the subject of the appeal.

      2.  A hearing officer appointed pursuant to subsection 1 shall issue a decision or order in writing and shall cause a copy of the decision or order to be served on each party to the appeal or counsel for the party. The decision or order must include a summary of the appeal that includes:

      (a) A statement of the relevant facts;

      (b) A statement of the issues presented and the opposing arguments of the parties;

      (c) An analysis of the arguments; and

      (d) The conclusion of the hearing officer.

 


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      3.  Not later than 10 days after the issuance of the decision or order of the hearing officer, the Executive Director shall cause a copy of the summary required by subsection 2 to be posted on the Internet website of the Nevada Interscholastic Activities Association. The summary must be redacted as necessary to prevent the identification of any person involved in the appeal who is less than 18 years of age, which information is confidential. The redacted summary is a public record and must be open to public inspection as provided in NRS 239.010.

      4.  As used in this section, “Executive Director” means the Executive Director of the Nevada Interscholastic Activities Association.

      Sec. 6. Any rules and regulations adopted by the Nevada Interscholastic Activities Association governing the eligibility of a pupil who transfers from one school to another school to participate in an interscholastic activity or event must apply equally to public schools and to private schools that are members of the Association.

      Sec. 6.5.  1.  A pupil who enrolls in grade 9 at:

      (a) A public school and who resides within the zone of attendance of the public school at the time of enrollment is immediately eligible to participate and practice in a sanctioned sport at the public school, regardless of whether the pupil:

             (1) Resided in a different zone of attendance before the pupil’s enrollment in grade 9; or

             (2) Attended a school other than a public school before the pupil’s enrollment in grade 9.

      (b) A private school is immediately eligible to participate and practice in a sanctioned sport at the private school, regardless of whether the pupil attended a school other than a private school before the pupil’s enrollment in grade 9.

      2.  As used in this section, “zone of attendance” means the region established by the board of trustees of a school district or governing board of a charter school for the attendance of a pupil enrolled in the school.

      Sec. 7. NRS 386.430 is hereby amended to read as follows:

      386.430  1.  The Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS as may be necessary to carry out the provisions of NRS 386.420 to 386.470, inclusive [.] , and sections 2 to 6.5, inclusive, of this act. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events. In addition to the regulations governing eligibility, a homeschooled child who wishes to participate must have on file with the school district in which the child resides a current notice of intent of a homeschooled child to participate in programs and activities pursuant to NRS 392.705.

      2.  The Nevada Interscholastic Activities Association shall adopt regulations setting forth:

      (a) The standards of safety for each event, competition or other activity engaged in by a spirit squad of a school that is a member of the Nevada Interscholastic Activities Association, which must substantially comply with the spirit rules of the National Federation of State High School Associations, or its successor organization; and

      (b) The qualifications required for a person to become a coach of a spirit squad.

 


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      3.  If the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.

      4.  As used in this section, “spirit squad” means any team or other group of persons that is formed for the purpose of:

      (a) Leading cheers or rallies to encourage support for a team that participates in a sport that is sanctioned by the Nevada Interscholastic Activities Association; or

      (b) Participating in a competition against another team or other group of persons to determine the ability of each team or group of persons to engage in an activity specified in paragraph (a).

      Sec. 8.  NRS 386.462 is hereby amended to read as follows:

      386.462  1.  A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 386.430 if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 392.705.

      2.  The provisions of NRS 386.420 to 386.470, inclusive, and sections 2 to 6.5, inclusive, of this act and the regulations adopted pursuant thereto that apply to pupils enrolled in public schools who participate in interscholastic activities and events apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:

      (a) Eligibility and qualifications for participation;

      (b) Fees for participation;

      (c) Insurance;

      (d) Transportation;

      (e) Requirements of physical examination;

      (f) Responsibilities of participants;

      (g) Schedules of events;

      (h) Safety and welfare of participants;

      (i) Eligibility for awards, trophies and medals;

      (j) Conduct of behavior and performance of participants; and

      (k) Disciplinary procedures.

      Sec. 9. (Deleted by amendment.)

      Sec. 9.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.

 


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ê2015 Statutes of Nevada, Page 2144 (Chapter 378, SB 330)ê

 

176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, and 711.600, and section 5 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity

 


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ê2015 Statutes of Nevada, Page 2145 (Chapter 378, SB 330)ê

 

must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 10.  1.  This section and section 6 of this act become effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, and sections 6.5 to 9.5, inclusive, of this act become effective:

      (a) 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

      (b) On January 1, 2016, for all other purposes.

________

 


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ê2015 Statutes of Nevada, Page 2146ê

 

CHAPTER 379, SB 374

Senate Bill No. 374–Senator Farley

 

CHAPTER 379

 

[Approved: June 5, 2015]

 

AN ACT relating to energy; revising provisions relating to certain energy conservation standards adopted by the Director of the Office of Energy and the governing body of a local government; providing that certain design professionals are not subject to disciplinary action for complying with certain energy conservation standards; providing that the adoption of certain energy conservation standards by the Director and the governing body of a local government shall not be deemed to prohibit the Director or governing body from approving and implementing certain energy efficiency programs; revising provisions relating to net metering systems; requiring electric utilities in this State to submit to the Public Utilities Commission of Nevada certain proposed tariffs pursuant to which an electric utility is required to offer net metering to certain customers of the electric utility; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Office of Energy and the governing body of a local government to adopt certain standards for the conservation of energy in buildings. (NRS 701.220) Section 1 of this bill prohibits the Director and a governing body from adopting certain standards mandating requirements for air changes per hour. Sections 1, 3 and 4 of this bill provide that certain design professionals are not subject to disciplinary action by their respective licensing boards for complying with the energy conservation standards adopted by a governing body pursuant to section 1. Section 1 further provides that the adoption of certain energy conservation standards by the Director and a governing body shall not be deemed to prohibit the Director or governing body from approving and implementing certain energy efficiency programs related to new residential construction.

      Existing law requires electric utilities to offer net metering to the customer-generators operating within the service area of the utility until the cumulative capacity of all net metering systems operating in this State is equal to 3 percent of the total peak capacity of all electric utilities in this State. (NRS 704.773) Section 2.95 of this bill revises the amount of cumulative capacity for which utilities are required to offer net metering in accordance with existing law. Section 2.3 of this bill requires each electric utility to offer net metering to customers who submit an application to the utility to install net metering systems after the date on which such revised cumulative capacity requirement is met in accordance with a tariff filed by the electric utility and approved by the Public Utilities Commission of Nevada. Section 2.3 sets forth the authority of the Commission relative to the approval of such tariffs and authorizes the Commission to determine whether and the extent to which any tariff is applicable to existing customer-generators. Section 4.5 of this bill requires each electric utility to submit to the Commission the proposed tariff required by section 2.3 not later than July 31, 2015, and requires the Commission to review and approve or disapprove each such proposed tariff not later than December 31, 2015. Section 4.5 provides that a tariff approved by the Commission cannot take effect until after the date on which the cumulative capacity requirement prescribed by section 2.95 is met. Section 4.5 also requires an electric utility, in the event that the Commission does not approve a tariff on or before December 31, 2015, to offer net metering to customer-generators in accordance with applicable provisions of law as such provisions existed before the effective date of this bill for the period beginning January 1, 2016, and ending on the date on which the Commission approves a tariff, unless a court has issued an order staying or prohibiting the enforcement or issuance of a written order or tariff approved by the Commission.

 


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ê2015 Statutes of Nevada, Page 2147 (Chapter 379, SB 374)ê

 

such provisions existed before the effective date of this bill for the period beginning January 1, 2016, and ending on the date on which the Commission approves a tariff, unless a court has issued an order staying or prohibiting the enforcement or issuance of a written order or tariff approved by the Commission.

      Existing law prohibits an electric utility from making changes in any schedule or imposing any rate on residential customers which is based on the time of day, day of the week or time of year during which the electricity is used or which otherwise varies based upon the time during which the electricity is used. (NRS 704.085) Section 2.5 of this bill provides that this prohibition does not apply to residential customers who are users of net metering systems.

      Existing law requires each electric utility to submit to the Commission every 3 years a plan to increase the utility’s supply of electricity or decrease the demands made on its system by its customers. Existing law provides that the plan must include certain components, including: (1) an energy efficiency program for residential customers; and (2) a comparison of a diverse set of scenarios to address issues relating to customer demand, which must include at least one scenario of low carbon intensity. (NRS 704.741) Section 2.7 of this bill requires that the scenario of low carbon intensity must include the deployment of distributed generation. Additionally, section 2.7 requires that the plan include an analysis of the effects of net metering on the reliability of the distribution system of the electric utility and the costs to the electric utility to provide electric service to all customers.

 

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 701.220 is hereby amended to read as follows:

      701.220  1.  The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. [Such] Except as otherwise provided in subsection 5, such regulations must include the adoption of the most recent version of the International Energy Conservation Code, issued by the International Code Council, and any amendments to the Code that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code, and must establish the minimum standards for:

      (a) The construction of floors, walls, ceilings and roofs;

      (b) The equipment and systems for heating, ventilation and air-conditioning;

      (c) Electrical equipment and systems;

      (d) Insulation; and

      (e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code, and any amendments thereto, every third year.

      2.  The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.

      3.  The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.

 


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      4.  The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

      (a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

      (b) [May] Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

      (c) Shall enforce the standards adopted.

      5.  The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

      (a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

      (b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

      6.  A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410.

      7.  Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.

      8.  The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

      (a) Persons in the business of constructing and selling homes;

      (b) Contractors;

      (c) Public utilities;

      (d) Local building officials; and

      (e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days’ notice of each hearing, before the Director may adopt any regulations pursuant to this section.

      9.  As used in this section, “design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.3. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, each utility shall, in accordance with a tariff filed by the utility and approved by the Commission, offer net metering to customer-generators who submit applications to install net metering systems within its service territory after the date on which the cumulative capacity requirement described in paragraph (a) of subsection 1 of NRS 704.773 is met.

 


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      2.  For the purposes of evaluating and approving any tariff filed with the Commission pursuant to subsection 1 and otherwise carrying out the provisions of this section, the Commission:

      (a) May establish one or more rate classes for customer-generators.

      (b) May establish terms and conditions for the participation by customer-generators in net metering, including, without limitation, limitations on enrollment in net metering which the Commission determines are appropriate to further the public interest.

      (c) May close to new customer-generators a tariff filed pursuant to subsection 1 and approved by the Commission if the Commission determines that closing the tariff to new customer-generators is in the public interest.

      (d) May authorize a utility to establish just and reasonable rates and charges to avoid, reduce or eliminate an unreasonable shifting of costs from customer-generators to other customers of the utility.

      (e) Shall not approve a tariff filed pursuant to subsection 1 or authorize any rates or charges for net metering that unreasonably shift costs from customer-generators to other customers of the utility.

      3.  In approving any tariff submitted pursuant to subsection 1, the Commission shall determine whether and the extent to which any tariff approved or rates or charges authorized pursuant to this section are applicable to customer-generators who, on or before the date on which the cumulative capacity requirement described in paragraph (a) of subsection 1 of NRS 704.773 is met, submitted a complete application to install a net metering system within the service territory of a utility.

      Sec. 2.5. NRS 704.085 is hereby amended to read as follows:

      704.085  1.  [An] Except as otherwise provided in subsection 2, an electric utility shall not make changes in any schedule or impose any rate, and the Commission shall not approve any changes in any schedule or authorize the imposition of any rate by an electric utility, which requires a residential customer to purchase electric service at a rate which is based on the time of day, day of the week or time of year during which the electricity is used or which otherwise varies based upon the time during which the electricity is used, except that the Commission may approve such a change in a schedule or authorize the imposition of such a rate if the approval or authorization is conditioned upon an election by a residential customer to purchase electric service at such a rate.

      2.  The provisions of subsection 1 do not apply to any changes in a schedule or rates imposed on a customer-generator.

      3.  As used in this section [, “electric] :

      (a) “Customer-generator” has the meaning ascribed to it in NRS 704.768.

      (b) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 2.7. NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before July 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.

      2.  The Commission shall, by regulation:

      (a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility to:

 


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             (1) Forecast the future demands; and

             (2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and

      (b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the utility to include in its plan:

      (a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources . [; and]

      (b) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity [.] that includes the deployment of distributed generation.

      (c) An analysis of the effects of the requirements of NRS 704.766 to 704.775, inclusive, and section 2.3 of this act on the reliability of the distribution system of the utility and the costs to the utility to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.

      4.  The Commission shall require the utility to include in its plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility in meeting the portfolio standard established by NRS 704.7821.

      5.  As used in this section:

      (a) “Carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.

      (b) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

      Sec. 2.8. NRS 704.766 is hereby amended to read as follows:

      704.766  It is hereby declared to be the purpose and policy of the Legislature in enacting NRS 704.766 to 704.775, inclusive, and section 2.3 of this act to:

      1.  Encourage private investment in renewable energy resources;

      2.  Stimulate the economic growth of this State;

      3.  Enhance the continued diversification of the energy resources used in this State; and

      4.  Streamline the process for customers of a utility to apply for and install net metering systems.

      Sec. 2.9. NRS 704.767 is hereby amended to read as follows:

      704.767  As used in NRS 704.766 to 704.775, inclusive, and section 2.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7675 to 704.772, inclusive, have the meanings ascribed to them in those sections.

      Sec. 2.95. NRS 704.773 is hereby amended to read as follows:

      704.773  1.  A utility shall offer net metering [, as set forth in] :

      (a) In accordance with the provisions of this section, NRS 704.774 and 704.775, to the customer-generators operating within its service area until the date on which the cumulative capacity of all net metering systems [operating in this State is equal to 3 percent of the total peak capacity of] for which all utilities in this State [.]

 


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in this State is equal to 3 percent of the total peak capacity of] for which all utilities in this State [.] have accepted or approved completed applications for net metering is equal to 235 megawatts.

      (b) After the date on which the cumulative capacity requirement described in paragraph (a) is met, in accordance with a tariff filed by the utility and approved by the Commission pursuant to section 2.3 of this act.

      2.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility:

      (a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.

      (b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

      (c) Except as otherwise provided in subsection 5, shall not charge a customer-generator any fee or charge that would increase the customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

      3.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility:

      (a) May require the customer-generator to install at its own cost:

             (1) An energy meter that is capable of measuring generation output and customer load; and

             (2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.

      (b) Except as otherwise provided in paragraph (c) and subsection 5, may charge the customer-generator any applicable fee or charge charged to other customers of the utility in the same rate class as the customer-generator, including, without limitation, customer, demand and facility charges.

      (c) Shall not charge the customer-generator any standby charge.

Ê At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by this subsection to pay the entire cost of the installation or upgrade of the portion of the net metering system.

      4.  If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and:

      (a) The system is intended primarily to offset part or all of the customer-generator’s requirements for electricity on property contiguous to the property on which the net metering system is located; and

      (b) The customer-generator sells or transfers his or her interest in the contiguous property,

Ê the net metering system ceases to be eligible to participate in net metering.

      5.  A utility shall assess against a customer-generator:

      (a) If applicable, the universal energy charge imposed pursuant to NRS 702.160; [and]

      (b) Any charges imposed pursuant to chapter 701B of NRS or NRS 704.7827 or 704.785 which are assessed against other customers in the same rate class as the customer-generator [.] ; and

 


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      (c) The charges or rates, if any, which the Commission determines must be assessed against the customer-generator pursuant to any tariff submitted to and approved by the Commission pursuant to section 2.3 of this act.

Ê For any such charges calculated on the basis of a kilowatt-hour rate, the customer-generator must only be charged with respect to kilowatt-hours of energy delivered by the utility to the customer-generator.

      6.  The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:

      (a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:

             (1) Metering equipment;

             (2) Net energy metering and billing; and

             (3) Interconnection,

Ê based on the allowable size of the net metering system.

      (b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.

      (c) A timeline for processing applications and contracts for net metering applicants.

      (d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.775, inclusive [.] , and section 2.3 of this act.

      Sec. 3. NRS 623.270 is hereby amended to read as follows:

      623.270  1.  [The] Except as otherwise provided in subsection 6 of NRS 701.220, the Board may place the holder of any certificate of registration issued pursuant to the provisions of this chapter on probation, publicly reprimand the holder of the certificate, impose a fine of not more than $10,000 against him or her, suspend or revoke his or her license, impose the costs of investigation and prosecution upon him or her or take any combination of these disciplinary actions for any of the following acts:

      (a) The certificate was obtained by fraud or concealment of a material fact.

      (b) The holder of the certificate has been found guilty by the Board or found guilty or guilty but mentally ill by a court of justice of any fraud, deceit or concealment of a material fact in his or her professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

      (c) The holder of the certificate has been found guilty by the Board of incompetency, negligence or gross negligence in:

             (1) The practice of architecture or residential design; or

             (2) His or her practice as a registered interior designer.

      (d) The holder of a certificate has affixed his or her signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by the holder of the certificate or in his or her office, or under his or her responsible control, or has permitted the use of his or her name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.

      (e) The holder of a certificate has aided or abetted any unauthorized person to practice:

 


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             (1) Architecture or residential design; or

             (2) As a registered interior designer.

      (f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:

             (1) The practice of architecture or residential design; or

             (2) Practice as a registered interior designer.

      (g) The holder of a certificate has failed to comply with an order issued by the Board or has failed to cooperate with an investigation conducted by the Board.

      2.  The conditions for probation imposed pursuant to the provisions of subsection 1 may include, but are not limited to:

      (a) Restriction on the scope of professional practice.

      (b) Peer review.

      (c) Required education or counseling.

      (d) Payment of restitution to each person who suffered harm or loss.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The Board shall not privately reprimand the holder of any certificate of registration issued pursuant to this chapter.

      5.  As used in this section:

      (a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.

      (b) “Incompetency” means conduct which, in:

             (1) The practice of architecture or residential design; or

             (2) Practice as a registered interior designer,

Ê demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

      (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:

             (1) The profession of architecture or residential design; or

             (2) Practice as a registered interior designer.

      Sec. 4. NRS 625.410 is hereby amended to read as follows:

      625.410  [The] Except as otherwise provided in subsection 6 of NRS 701.220, the Board may take disciplinary action against a licensee, an applicant for licensure, an intern or an applicant for certification as an intern for:

      1.  The practice of any fraud or deceit in obtaining or attempting to obtain or renew a license or cheating on any examination required by this chapter.

      2.  Any gross negligence, incompetency or misconduct in the practice of professional engineering as a professional engineer or in the practice of land surveying as a professional land surveyor.

      3.  Aiding or abetting any person in the violation of any provision of this chapter or regulation adopted by the Board.

      4.  Conviction of or entry of a plea of nolo contendere to any crime an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.

      5.  A violation of any provision of this chapter or regulation adopted by the Board.

      6.  Discipline by another state or territory, the District of Columbia, a foreign country, the Federal Government or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

 


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if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      7.  Practicing after the license of the professional engineer or professional land surveyor has expired or has been suspended or revoked.

      8.  Failing to comply with an order issued by the Board.

      9.  Failing to provide requested information within 30 days after receipt of a request by the Board or its investigators concerning a complaint made to the Board.

      Sec. 4.5.  1.  Each utility shall, on or before July 31, 2015, file with the Public Utilities Commission of Nevada a tariff required by section 2.3 of this act and a cost-of-service study.

      2.  The tariff filed pursuant to subsection 1 must establish the terms and conditions for net metering service for customer-generators who submit an application to the utility to install net metering systems within the service territory of the utility after the date on which the tariff takes effect. The terms and conditions of service must include, without limitation, the rates the utility must charge for providing electric service to customer-generators.

      3.  The rates included in the terms and conditions of service established pursuant to subsection 2 may include, without limitation:

      (a) A basic service charge that reflects marginal fixed costs incurred by the utility to provide service to customer-generators;

      (b) A demand charge that reflects the marginal demand costs incurred by the utility to provide service to customer-generators; and

      (c) An energy charge that reflects the marginal energy costs incurred by the utility to provide service to customer-generators.

Ê The charges included pursuant to this subsection must adequately reflect the marginal costs of providing service to customer-generators.

      4.  The Public Utilities Commission of Nevada shall, in accordance with the provisions of section 2.3 of this act, conduct a review of each tariff filed by a utility pursuant to subsection 1 and issue a written order approving or disapproving, in whole or in part, the proposed tariff not later than December 31, 2015. The Commission may make modifications to the tariff, including modifications to the rate design and the terms and conditions of net metering services to customer-generators. A tariff approved pursuant to this section must not take effect until after the date on which the cumulative capacity requirement described in paragraph (a) of subsection 1 of NRS 704.773 is met.

      5.  Except as otherwise provided in subsection 6, if for any reason the Commission does not approve a tariff as required by subsection 4 on or before December 31, 2015, and notwithstanding the amendatory provisions of this act to the contrary, for the period beginning January 1, 2016, and ending on the date on which the Commission approves a tariff pursuant to section 2.3 of this act, a utility shall offer net metering to customer-generators in a manner consistent with the provisions of NRS 704.773, 704.774 and 704.775 as those sections existed before the effective date of this act.

      6.  If a court of competent jurisdiction issues an order prohibiting the Commission from issuing a written order or approving a tariff as required by subsection 4, or staying or prohibiting the enforcement of a written order or tariff issued or approved pursuant thereto, an electric utility is not required to offer net metering after the date on which the cumulative capacity requirement described in paragraph (a) of subsection 1 of NRS 704.773 is met until after the date on which the order of the court has been lifted.

 


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requirement described in paragraph (a) of subsection 1 of NRS 704.773 is met until after the date on which the order of the court has been lifted.

      7.  As used in this section:

      (a) “Customer-generator” has the meaning ascribed to it in NRS 704.768.

      (b) “Demand costs” means those costs associated with the maximum load requirement of a customer, such as k\ilowatt or kilo-volt amperes, and which are typically represented by the electric utility’s investment in generating units, transmission facilities and the distribution system.

      (c) “Energy costs” means those costs associated with a customer’s requirement for a volume of energy, such as fuel and purchased power costs.

      (d) “Fixed costs” means those investments and expenses that do not vary with output and which typically reflect the electric utility’s investment in back office systems, customer facilities, customer-related expenses and labor costs.

      (e) “Net metering” has the meaning ascribed to it in NRS 704.769.

      (f) “Net metering system” has the meaning ascribed to it in NRS 704.771.

      (g) “Utility” has the meaning ascribed to it in NRS 704.772.

      Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 380, SB 414

Senate Bill No. 414–Senator Settelmeyer

 

CHAPTER 380

 

[Approved: June 5, 2015]

 

AN ACT relating to education; encouraging the Board of Regents of the University of Nevada to enter into a reciprocal agreement with the State of California to authorize waivers of nonresident tuition to certain residents of the Lake Tahoe Basin; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Regents of the University of Nevada to enter into a reciprocal agreement with another state for the granting of full or partial waivers of nonresident tuition to residents of the other state who are students at or are eligible for admission to any branch of the Nevada System of Higher Education if the other state grants reciprocal waivers to residents of Nevada. (NRS 396.543) This bill encourages the Board of Regents to enter into such an agreement with the State of California to authorize waivers of nonresident tuition to certain residents of Nevada and California in the Lake Tahoe Basin.

 

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.  The Legislature hereby finds and declares:

      1.  Lake Tahoe Community College in South Lake Tahoe, California, is in a unique location where residents of certain communities located in the Nevada portion of the Lake Tahoe Basin reside in closer proximity to the Community College than to any branch of the Nevada System of Higher Education.

 


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Nevada portion of the Lake Tahoe Basin reside in closer proximity to the Community College than to any branch of the Nevada System of Higher Education.

      2.  Western Nevada College in Carson City, Nevada, is in a unique location where residents of certain communities located in the California portion of the Lake Tahoe Basin reside in closer proximity to the College than to a school in the system of California Community Colleges.

      3.  The Board of Regents of the University of Nevada has authority pursuant to NRS 396.543 to enter into a reciprocal agreement with the State of California to grant waivers of nonresident tuition for:

      (a) Residents of communities located in the Nevada portion of the Lake Tahoe Basin to attend Lake Tahoe Community College; and

      (b) Residents of communities located in the California portion of the Lake Tahoe Basin to attend Western Nevada College.

      4.  Such a reciprocal agreement would provide economic and educational benefits to citizens of this State.

      5.  The Legislature of the State of California is considering the passage of Senate Bill No. 605 of the 2015-2016 Regular Session, which authorizes waivers of nonresident tuition to residents of certain communities located in the Nevada portion of the Lake Tahoe Basin if the Nevada Legislature enacts legislation authorizing reciprocal waivers of nonresident tuition to certain residents of the California portion of the Lake Tahoe Basin.

      Sec. 2. The Nevada Legislature hereby encourages the Board of Regents of the University of Nevada to enter into a reciprocal agreement with the State of California to authorize waivers of nonresident tuition to residents of Nevada and California in the Lake Tahoe Basin that reasonably conforms to the provisions of Senate Bill No. 605 of the 2015-2016 Regular Session of the Legislature of the State of California.

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

________

CHAPTER 381, SB 420

Senate Bill No. 420–Committee on Finance

 

CHAPTER 381

 

[Approved: June 5, 2015]

 

AN ACT relating to the Public Employees’ Retirement System; creating the position of General Counsel as a member of the executive staff of the System; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Executive Officer of the Public Employees’ Retirement System to select certain employees who serve as members of the executive staff of the System. (NRS 286.160) This bill creates the position of General Counsel as a member of the executive staff of the System and requires the Executive Officer to select a General Counsel, who must be an attorney in good standing licensed and admitted to practice law in this State.

 


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ê2015 Statutes of Nevada, Page 2157 (Chapter 381, SB 420)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 286.160 is hereby amended to read as follows:

      286.160  1.  The Board shall employ an Executive Officer who serves at the pleasure of the Board. The Executive Officer shall select [an] a General Counsel, Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst whose appointments are effective upon confirmation by the Board. The General Counsel, Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst serve at the pleasure of the Executive Officer.

      2.  The Executive Officer, General Counsel, Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst are entitled to annual salaries fixed by the Board with the approval of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420. The salaries of these employees are exempt from the limitations of NRS 281.123.

      3.  The Executive Officer must:

      (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.

      (b) Possess at least 5 years’ experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

      4.  The General Counsel must be an attorney in good standing licensed and admitted to practice law in this State.

      5.  The Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems and Administrative Analyst must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

      [5.]6.  Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The Executive Officer shall not participate in any business enterprise or investment in real or personal property if the System owns or has a direct financial interest in that enterprise or property.

      Sec. 1.5.  The Public Employees’ Retirement Board may, without the approval required by subsection 2 of NRS 286.160, as amended by section 1 of this act, fix the initial annual salary of the General Counsel in an amount not to exceed the amount set forth for that position in the budget of the Public Employees’ Retirement System that is approved by the Legislature for the 2015-2017 biennium.

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

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CHAPTER 382, SB 422

Senate Bill No. 422–Committee on Finance

 

CHAPTER 382

 

[Approved: June 5, 2015]

 

AN ACT relating to Medicaid; postponing the prospective expiration of provisions governing the list of preferred prescription drugs to be used for the Medicaid program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Department of Health and Human Services is required to develop by regulation a list of preferred prescription drugs to be used for the Medicaid program. The Department is also required to establish a list of prescription drugs that must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs. Existing law further requires the Department to include certain specified drugs on the list of drugs excluded from the restrictions. (NRS 422.4025) Before July 1, 2010, the Department was required to exclude certain atypical and typical antipsychotic medications, anticonvulsant medications and antidiabetic medications from the restrictions that are imposed on drugs which are on the list of preferred prescription drugs, but the Legislature suspended this requirement for the period from July 1, 2010, to June 30, 2015. (Chapter 4, Statutes of Nevada 2010, 26th Special Session, p. 35; chapter 225, Statutes of Nevada 2011, p. 985) This bill postpones the prospective expiration of such provisions until June 30, 2017.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 4 of chapter 4, Statutes of Nevada 2010, 26th Special Session, as amended by section 1 of chapter 224, Statutes of Nevada 2011, at page 985, is hereby amended to read as follows:

      Sec. 4.  This act becomes effective on July 1, 2010, and expires by limitation on June 30, [2015.] 2017.

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

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CHAPTER 383, SB 489

Senate Bill No. 489–Committee on Finance

 

CHAPTER 383

 

[Approved: June 5, 2015]

 

AN ACT relating to health; requiring the licensure of peer support recovery organizations by the Division of Public and Behavioral Health of the Department of Health and Human Services and to pay an application fee for the license; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person who wishes to operate or maintain a facility for the dependent or a medical facility to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services and to pay an application fee for the license. (NRS 449.030, 449.050) Section 6 of this bill includes a peer support recovery organization within the definition of facility for the dependent, thereby requiring peer support recovery organizations to obtain a license from the Division. Section 4 of this bill provides that a person who holds a license as a facility for the dependent or a medical facility and employs persons to provide peer support services is not required to obtain an additional license as a peer support recovery organization. Sections 9-11 of this bill impose certain requirements on peer support recovery organizations. Section 14 of this bill makes certain employees of a peer support recovery organization immune from civil liability for rendering emergency care or assistance in good faith in the course of his or her employment. Sections 15 and 17 of this bill extend certain mandatory reporting requirements to peer support recovery organizations.

 

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

      Sec. 2. “Peer support recovery organization” means a person or agency which, for compensation, provides peer support services to persons who are 18 years of age or older and who suffer from mental illness or addiction or identify themselves as at risk for mental illness or addiction.

      Sec. 3. “Peer support services” means supportive services relating to mental health, addiction or substance abuse which:

      1.  Do not require the person offering the supportive services to be licensed.

      2.  Are offered to a person in need of such services.

      3.  May include, without limitation:

      (a) Helping to stabilize such a person;

      (b) Helping such a person with recovery;

      (c) Helping such a person to access community-based behavioral health care;

      (d) Assisting such a person during a crisis situation or an intervention;

      (e) Providing assistance with preventive care;

      (f) Providing strategies and education relating to the whole health needs of such a person; and

 


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      (g) Providing encouragement, peer mentoring and training in self-advocacy and self-direction to such a person.

      Sec. 4. A person who is licensed pursuant to this chapter as a facility for the dependent or a medical facility and who employs persons to provide peer support services is not required to obtain an additional license as a peer support recovery organization.

      Sec. 5. NRS 449.001 is hereby amended to read as follows:

      449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 449.0045 is hereby amended to read as follows:

      449.0045  “Facility for the dependent” includes:

      1.  A facility for the treatment of abuse of alcohol or drugs;

      2.  A halfway house for recovering alcohol and drug abusers;

      3.  A facility for the care of adults during the day;

      4.  A residential facility for groups;

      5.  An agency to provide personal care services in the home;

      6.  A facility for transitional living for released offenders; [and]

      7.  A home for individual residential care [.] ; and

      8.  A peer support recovery organization.

      Sec. 7. NRS 449.030 is hereby amended to read as follows:

      449.030  1.  [No] Except as otherwise provided in section 4 of this act, no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.030 to 449.2428, inclusive [.] , and section 4 of this act.

      2.  Unless licensed as a facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the Board.

      Sec. 8. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.030 to 449.2428, inclusive, and section 4 of this act and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.030 to 449.2428, inclusive [.] , and section 4 of this act.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

 


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      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Except as otherwise provided in subsection 8, contain toilet facilities;

 


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             (2) Contain a sleeping area or bedroom; and

             (3) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his or her own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

             (1) Cause substantial detriment to the health or welfare of any resident of the facility;

             (2) Result in more than two residents sharing a toilet facility; or

             (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

 


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      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

      Sec. 9. NRS 449.065 is hereby amended to read as follows:

      449.065  1.  Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, peer support recovery organization, residential facility for groups, home for individual residential care, agency to provide personal care services in the home and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Division of Public and Behavioral Health a surety bond:

      (a) If the facility, agency , organization or home employs less than 7 employees, in the amount of $5,000;

      (b) If the facility, agency , organization or home employs at least 7 but not more than 25 employees, in the amount of $25,000; or

      (c) If the facility, agency , organization or home employs more than 25 employees, in the amount of $50,000.

      2.  A bond filed pursuant to this section must be executed by the facility, agency , organization or home as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the Specialist for the Rights of Elderly Persons determines has suffered property damage as a result of any act or failure to act by the facility, agency , organization or home to protect the property of the older patient.

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Division of Public and Behavioral Health, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility, agency , organization or home to protect the property of the older patient alleged to have occurred while the bond was in effect.

 


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      5.  A license is suspended by operation of law when the facility, agency , organization or home is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the Division of Public and Behavioral Health shall give the facility, agency , organization or home at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The Administrator of the Division of Public and Behavioral Health may exempt a peer support recovery organization, residential facility for groups or a home for individual residential care from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the peer support recovery organization, residential facility for groups or home for individual residential care.

      7.  The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, peer support recovery organization, residential facility for groups, home for individual residential care, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

      8.  As used in this section, “older patient” means a patient who is 60 years of age or older.

      Sec. 10. NRS 449.067 is hereby amended to read as follows:

      449.067  1.  As a substitute for the surety bond required pursuant to NRS 449.065, a facility for intermediate care, a facility for skilled nursing, a peer support recovery organization, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Division of Public and Behavioral Health:

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this State;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.065. With the approval of the Administrator of the Division of Public and Behavioral Health, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging and Disability Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

 


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      4.  The deposit must be an amount at least equal to the surety bond required by NRS 449.065 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.

      Sec. 11. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.030 to 449.2428, inclusive, and section 4 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.030 to 449.2428, inclusive, and section 4 of this act or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(b)(2), a hospital that provides swing-bed services as described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program , organization or home is in compliance with the provisions of NRS 449.119 to 449.125, inclusive, and 449.174.

      3.  Each reapplication for an agency to provide personal care services in the home, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a peer support recovery organization, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency , organization or home are in compliance with the provisions of NRS 449.093.

      Sec. 12. NRS 449.119 is hereby amended to read as follows:

      449.119  As used in NRS 449.119 to 449.125, inclusive, “facility, hospital, agency, program or home” means an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a peer support recovery organization, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(b)(2), a hospital that provides swing-bed services as described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs.

 


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described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs.

      Sec. 13. NRS 449.174 is hereby amended to read as follows:

      449.174  1.  In addition to the grounds listed in NRS 449.160, the Division may deny a license to operate a facility, hospital, agency, program or home to an applicant or may suspend or revoke the license of a licensee to operate such a facility, hospital, agency, program or home if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

             (2) Assault or battery with intent to kill or to commit sexual assault or mayhem;

             (3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

             (4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;

             (5) A crime involving domestic violence that is punished as a felony;

             (6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;

             (7) Abuse or neglect of a child or contributory delinquency;

             (8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;

             (9) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

             (10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

             (11) A violation of any provision of NRS 422.450 to 422.590, inclusive;

             (12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

             (13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;

             (14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or

             (15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;

      (b) The licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a); or

      (c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children.

      2.  In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home , [or] an agency to provide nursing in the home or a peer support recovery organization if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

 


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home or a peer support recovery organization if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      3.  As used in this section:

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Facility, hospital, agency, program or home” has the meaning ascribed to it in NRS 449.119.

      (c) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (d) “Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 14. NRS 449.194 is hereby amended to read as follows:

      449.194  Any person who is employed by an agency to provide personal care services in the home or a peer support recovery organization who:

      1.  Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

      2.  Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      3.  Has successfully completed the training requirements of a course in the use and administration of first aid, including cardiopulmonary resuscitation,

Ê and who in good faith renders emergency care or assistance in accordance with the person’s training, in the course of his or her regular employment or profession, to an elderly person or a person with a disability, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      Sec. 15. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

 


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      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      (m) Every person who operates or is employed by a peer support recovery organization, as defined in section 2 of this act.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings.

 


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Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 16. NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization , a peer support recovery organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, home, agency or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, home, agency or organization is liable for damages to the patient, the Specialist for the Rights of Elderly Persons shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

 


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      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      (e) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105;

      (f) “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304;

      (g) “Older patient” has the meaning ascribed to it in NRS 449.065; [and]

      (h) “Peer support recovery organization” has the meaning ascribed to it in section 2 of this act; and

      (i) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 17. NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, music therapist, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Any social worker.

 


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      (l) Any person who operates or is employed by a peer support recovery organization.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

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

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      (b) “Peer support recovery organization” has the meaning ascribed to it in section 2 of this act.

      Sec. 18.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2015, for all other purposes.

________

CHAPTER 384, SB 498

Senate Bill No. 498–Committee on Finance

 

CHAPTER 384

 

[Approved: June 5, 2015]

 

AN ACT relating to health; requiring the licensure of community health worker pools by the Division of Public and Behavioral Health of the Department of Health and Human Services and payment of an application fee for the license; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person who wishes to operate or maintain a facility for the dependent or a medical facility to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services and to pay an application fee for the license. (NRS 449.030, 449.050) Section 5.5 of this bill includes a community health worker pool within the definition of facility for the dependent, thereby requiring community health worker pools to obtain a license from the Division. Section 4 of this bill provides that a person who holds a license as a facility for the dependent or a medical facility and employs community health workers is not required to obtain an additional license as a community health worker pool. Section 9 of this bill imposes certain requirements on a community health worker pool for the renewal of its license. Section 12 of this bill makes certain employees of a community health worker pool immune from civil liability for rendering emergency care or assistance in good faith in the course of his or her employment. Sections 13 and 15 of this bill extend certain mandatory reporting requirements to community health worker pools.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. “Community health worker” means a natural person who:

      1.  Lives in or otherwise has a connection to the community in which he or she provides services.

      2.  Is trained by a provider of health care to provide certain services which do not require the community health worker to be licensed.

      3.  Provides services at the direction of a facility for the dependent, medical facility or provider of health care which may include, without limitation, outreach and the coordination of health care.

      Sec. 3. “Community health worker pool” means a person or agency which provides, for compensation and through its employees or by contract with community health workers, the services of community health workers to any natural person, medical facility or facility for the dependent. The term does not include an independent contractor who personally provides the services of a community health worker or a facility for the dependent or any medical facility other than a community health worker pool which provides the services of a community health worker.

      Sec. 4. A person who is licensed pursuant to this chapter as a facility for the dependent or medical facility and who employs community health workers is not required to obtain an additional license as a community health worker pool.

      Sec. 5. NRS 449.001 is hereby amended to read as follows:

      449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5.5. NRS 449.0045 is hereby amended to read as follows:

      449.0045  “Facility for the dependent” includes:

      1.  A facility for the treatment of abuse of alcohol or drugs;

      2.  A halfway house for recovering alcohol and drug abusers;

      3.  A facility for the care of adults during the day;

      4.  A residential facility for groups;

      5.  An agency to provide personal care services in the home;

      6.  A facility for transitional living for released offenders; [and]

      7.  A home for individual residential care [.] ; and

      8.  A community health worker pool.

      Sec. 6. (Deleted by amendment.)

      Sec. 7. NRS 449.030 is hereby amended to read as follows:

      449.030  1.  [No] Except as otherwise provided in section 4 of this act, no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.030 to 449.2428, inclusive [.] , and section 4 of this act.

      2.  Unless licensed as a facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the Board.

 


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      Sec. 8. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.030 to 449.2428, inclusive, and section 4 of this act and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.030 to 449.2428, inclusive [.] , and section 4 of this act.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

 


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             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Except as otherwise provided in subsection 8, contain toilet facilities;

             (2) Contain a sleeping area or bedroom; and

             (3) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his or her own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

 


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which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

             (1) Cause substantial detriment to the health or welfare of any resident of the facility;

             (2) Result in more than two residents sharing a toilet facility; or

             (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

      Sec. 9. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.030 to 449.2428, inclusive, and section 4 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.030 to 449.2428, inclusive, and section 4 of this act or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

 


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      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(b)(2), a hospital that provides swing-bed services as described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program , pool or home is in compliance with the provisions of NRS 449.119 to 449.125, inclusive, and 449.174.

      3.  Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency , pool or home are in compliance with the provisions of NRS 449.093.

      Sec. 10. NRS 449.119 is hereby amended to read as follows:

      449.119  As used in NRS 449.119 to 449.125, inclusive, “facility, hospital, agency, program or home” means an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(b)(2), a hospital that provides swing-bed services as described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs.

      Sec. 11. NRS 449.174 is hereby amended to read as follows:

      449.174  1.  In addition to the grounds listed in NRS 449.160, the Division may deny a license to operate a facility, hospital, agency, program or home to an applicant or may suspend or revoke the license of a licensee to operate such a facility, hospital, agency, program or home if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

             (2) Assault or battery with intent to kill or to commit sexual assault or mayhem;

             (3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

 


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             (4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;

             (5) A crime involving domestic violence that is punished as a felony;

             (6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;

             (7) Abuse or neglect of a child or contributory delinquency;

             (8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;

             (9) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

             (10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

             (11) A violation of any provision of NRS 422.450 to 422.590, inclusive;

             (12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

             (13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;

             (14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or

             (15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;

      (b) The licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a); or

      (c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children.

      2.  In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home , [or] an agency to provide nursing in the home or a community health worker pool if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      3.  As used in this section:

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Facility, hospital, agency, program or home” has the meaning ascribed to it in NRS 449.119.

      (c) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (d) “Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 12. NRS 449.194 is hereby amended to read as follows:

      449.194  Any person who is employed by an agency to provide personal care services in the home or a community health worker pool who:

      1.  Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

 


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      2.  Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      3.  Has successfully completed the training requirements of a course in the use and administration of first aid, including cardiopulmonary resuscitation,

Ê and who in good faith renders emergency care or assistance in accordance with the person’s training, in the course of his or her regular employment or profession, to an elderly person or a person with a disability, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      Sec. 13. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

 


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      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      (m) Every person who operates or is employed by a community health worker pool, as defined in section 3 of this act, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in section 2 of this act.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

 


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Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 14. NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization , a community health worker pool or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, home, agency , pool or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, home, agency , pool or organization is liable for damages to the patient, the Specialist for the Rights of Elderly Persons shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Community health worker pool” has the meaning ascribed to it in section 3 of this act;

      (d) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      [(d)](e) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      [(e)](f) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105;

      [(f)](g) “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304;

      [(g)](h) “Older patient” has the meaning ascribed to it in NRS 449.065; and

 


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      [(h)](i) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 15. NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, music therapist, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Any social worker.

      (l) Any person who operates or is employed by a community health worker pool or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in section 2 of this act.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

 


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

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      (b) “Community health worker pool” has the meaning ascribed to it in section 3 of this act.

      Sec. 16.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2015, for all other purposes.

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CHAPTER 385, AB 238

Assembly Bill No. 238–Assemblymen Dooling, Shelton, Jones, Moore, Fiore; Edwards, Gardner, Ohrenschall, O’Neill, Seaman, Trowbridge and Wheeler

 

CHAPTER 385

 

[Approved: June 5, 2015]

 

AN ACT relating to common-interest communities; revising provisions relating to the solicitation of bids for a homeowners’ association project; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a homeowners’ association is required to open and consider bids for an association project at a meeting of its executive board. (NRS 116.31086) This bill requires an association to solicit, whenever reasonably possible, at least three bids if the association project is expected to cost: (1) in a common-interest community that consists of less than 1,000 units, 3 percent or more of the annual budget of the association; or (2) in a common-interest community that consists of 1,000 or more units, 1 percent or more of the annual budget of the association. This bill further specifies that the contents of bids which are opened at a meeting of the executive board must be read aloud.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 1.5. (Deleted by amendment.)

      Sec. 2. NRS 116.31086 is hereby amended to read as follows:

      116.31086  1.  If an association solicits bids for an association project [, the] :

      (a) The association must, whenever reasonably possible, solicit at least three bids if the association project is expected to cost:

             (1) In a common-interest community that consists of less than 1,000 units, 3 percent or more of the annual budget of the association; or

             (2) In a common-interest community that consists of 1,000 or more units, 1 percent or more of the annual budget of the association; and

      (b) The bids must be opened and read aloud during a meeting of the executive board.

 


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      2.  As used in this section, “association project” includes, without limitation, a project that involves the maintenance, repair, replacement or restoration of any part of the common elements or which involves the provision of professional services to the association [.] , including, without limitation, accounting, engineering and legal services.

      Sec. 3.  This act becomes effective on July 1, 2015.

________

CHAPTER 386, AB 126

Assembly Bill No. 126–Assemblywoman Carlton

 

CHAPTER 386

 

[Approved: June 5, 2015]

 

AN ACT relating to massage therapy; exempting a nail technologist from the requirement to be licensed as a massage therapist when performing certain activities; revising certain testing requirements for applicants for a license to practice massage therapy; limiting the period during which an inactive or expired license may be restored or renewed; revising provisions establishing certain grounds for refusal to issue a license or initiate disciplinary action against licensees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law exempts certain persons from the requirement to be licensed as a massage therapist. (NRS 640C.100) Section 1 of this bill adds licensed nail technologists to this list of exempt persons if the nail technologist is massaging the hands, feet, forearms or lower legs of a person within the permissible scope of practice for a nail technologist.

      Existing law requires an applicant for a license to practice massage therapy to pass a written examination administered by a board that is accredited by the National Commission for Certifying Agencies (NCCA) or certain other examinations. (NRS 640C.400) Section 2 of this bill deletes the requirement that the written examination be administered by a board accredited by the NCCA, and instead requires that the examination be a nationally recognized competency examination that is approved by the Board of Massage Therapists.

      Existing law allows a massage therapist whose license has expired or been placed on inactive status to restore or renew his or her license by paying certain fees and meeting certain requirements. (NRS 640C.500, 640C.510) Sections 3 and 4 of this bill limit to 2 years the period during which an expired or inactive license may be restored or renewed.

      Existing law authorizes the Board of Massage Therapists to refuse to issue a license to an applicant or initiate disciplinary action against the holder of a license for certain reasons, including a conviction for any crime involving moral turpitude within the immediately preceding 10 years. (NRS 640C.700) Section 5 of this bill removes the 10-year limitation, allowing the Board to take such action based on a conviction for any crime involving moral turpitude regardless of when the conviction occurred. Section 5 also adds the failure to report to the Board any unethical or unprofessional conduct of the holder of a license or other person relating to massage therapy as grounds for such disciplinary action or denial of a license.

 


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ê2015 Statutes of Nevada, Page 2184 (Chapter 386, AB 126)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 640C.100 is hereby amended to read as follows:

      640C.100  1.  The provisions of this chapter do not apply to:

      (a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage therapy is performed in the course of the practice for which the person is licensed.

      (b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.

      (c) A person licensed or registered as an aesthetician, hair designer, hair braider, cosmetologist or cosmetologist’s apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an aesthetician, hair designer, hair braider, cosmetologist or cosmetologist’s apprentice pursuant to that chapter.

      (d) A person licensed as a nail technologist pursuant to NRS 644.205 if the person is massaging, cleansing or stimulating the hands, forearms, feet or lower legs within the permissible scope of practice for a nail technologist.

      (e) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy on athletes.

      [(e)](f) Students enrolled in a school of massage therapy recognized by the Board.

      [(f)](g) A person who practices massage therapy solely on members of his or her immediate family.

      [(g)](h) A person who performs any activity in a licensed brothel.

      2.  Except as otherwise provided in subsection 3, the provisions of this chapter preempt the licensure and regulation of a massage therapist by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist or applicant for a license to practice massage therapy.

      3.  The provisions of this chapter do not prohibit a county, city or town from requiring a massage therapist to obtain a license or permit to transact business within the jurisdiction of the county, city or town, if the license or permit is required of other persons, regardless of occupation or profession, who transact business within the jurisdiction of the county, city or town.

      4.  As used in this section, “immediate family” means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.

      Sec. 2. NRS 640C.400 is hereby amended to read as follows:

      640C.400  1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) Submit to the Board:

 


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             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy; and

                   (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;

             (5) Except as otherwise provided in NRS 640C.440, a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

             (6) The names and addresses of five natural persons not related to the applicant and not business associates of the applicant who are willing to serve as character references;

             (7) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

             (8) If required by the Board, a financial questionnaire; and

      (c) In addition to any examination required pursuant to NRS 640C.320:

             (1) Except as otherwise provided in subsection 3, pass a [written] nationally recognized examination [administered by any board that is accredited by the National Commission for Certifying Agencies, or its successor organization, to examine massage therapists;] for testing the education and professional competency of massage therapists that is approved by the Board; or

             (2) At the applicant’s discretion and in lieu of a written examination, pass an oral examination prescribed by the Board.

      3.  If the Board determines that the examinations being administered pursuant to subparagraph (1) of paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

      4.  The Board shall recognize a program of massage therapy that is:

      (a) Approved by the Commission on Postsecondary Education; or

      (b) Offered by a public college in this State or any other state.

Ê The Board may recognize other programs of massage therapy.

      5.  The Board or its designee shall:

 


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      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

             (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant;

      (b) If the Board determines that it is unable to conduct a complete investigation, require the applicant to submit a financial questionnaire and investigate the financial background and each source of funding of the applicant;

      (c) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320; and

      (d) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 3. NRS 640C.500 is hereby amended to read as follows:

      640C.500  1.  Each license expires on the last day of the month in which it was issued in the next succeeding calendar year and may be renewed if, before the license expires, the holder of the license submits to the Board:

      (a) A completed application for renewal on a form prescribed by the Board;

      (b) Proof of completion of the requirements for continuing education prescribed by the Board pursuant to the regulations adopted by the Board under NRS 640C.320; and

      (c) The fee for renewal of the license prescribed by the Board pursuant to NRS 640C.520.

      2.  A license that expires pursuant to this section may be restored if , within 2 years after the expiration of the license, the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the fees prescribed by the Board pursuant to NRS 640C.520:

             (1) For the restoration of an expired license; and

             (2) For each year that the license was expired, for the renewal of a license.

      3.  The Board shall send a notice of renewal to each holder of a license not later than 60 days before the license expires. The notice must include a statement setting forth the provisions of this section and the amount of the fee for renewal of the license.

      Sec. 4. NRS 640C.510 is hereby amended to read as follows:

      640C.510  1.  Upon written request to the Board, a holder of a license in good standing may cause his or her name and license to be transferred to an inactive list. The holder of the license may not practice massage therapy during the time the license is inactive, and no renewal fee accrues.

 


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      2.  If an inactive holder of a license desires to resume the practice of massage therapy [,] within 2 years after the license was made inactive, the Board shall renew the license upon:

      (a) Demonstration, if deemed necessary by the Board, that the holder of the license is then qualified and competent to practice;

      (b) Completion and submission of an application; and

      (c) Payment of the current fee for renewal of the license.

      Sec. 5. NRS 640C.700 is hereby amended to read as follows:

      640C.700  The Board may refuse to issue a license to an applicant, or may initiate disciplinary action against a holder of a license, if the applicant or holder of the license:

      1.  Has submitted false, fraudulent or misleading information to the Board or any agency of this State, any other state, a territory or possession of the United States, the District of Columbia or the Federal Government;

      2.  Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      3.  Has been convicted of a crime involving violence, prostitution or any other sexual offense, a crime involving any type of larceny, a crime relating to a controlled substance, a crime involving any federal or state law or regulation relating to massage therapy or a substantially similar business, or a crime involving moral turpitude ; [within the immediately preceding 10 years;]

      4.  Has engaged in or solicited sexual activity during the course of practicing massage on a person, with or without the consent of the person, including, without limitation, if the applicant or holder of the license:

      (a) Made sexual advances toward the person;

      (b) Requested sexual favors from the person; or

      (c) Massaged, touched or applied any instrument to the breasts of the person, unless the person has signed a written consent form provided by the Board;

      5.  Has habitually abused alcohol or is addicted to a controlled substance;

      6.  Is, in the judgment of the Board, guilty of gross negligence in the practice of massage therapy;

      7.  Is determined by the Board to be professionally incompetent to engage in the practice of massage therapy;

      8.  Has failed to provide information requested by the Board within 60 days after receiving the request;

      9.  Has, in the judgment of the Board, engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy;

      10.  Has knowingly failed to report to the Board that the holder of a license or other person has engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy within 30 days after becoming aware of that conduct;

      11.  Has been disciplined in another state, a territory or possession of the United States or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      [11.]12.  Has solicited or received compensation for services relating to the practice of massage therapy that he or she did not provide;

 


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      [12.]13.  If the holder of the license is on probation, has violated the terms of the probation;

      [13.]14.  Has engaged in false, deceptive or misleading advertising, including, without limitation, falsely, deceptively or misleadingly advertising that he or she has received training in a specialty technique of massage for which he or she has not received training, practicing massage therapy under an assumed name and impersonating a licensed massage therapist;

      [14.]15.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      [15.]16.  Has failed to comply with a written administrative citation issued pursuant to NRS 640C.755 within the time permitted for compliance set forth in the citation or, if a hearing is held pursuant to NRS 640C.757, within 15 business days after the hearing; or

      [16.]17.  Except as otherwise provided in subsection [15,] 16, has failed to pay or make arrangements to pay, as approved by the Board, an administrative fine imposed pursuant to this chapter within 60 days after:

      (a) Receiving notice of the imposition of the fine; or

      (b) The final administrative or judicial decision affirming the imposition of the fine,

Ê whichever occurs later.

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