[Rev. 10/12/2015 2:11:38 PM]

Link to Page 2704

 

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

ê2015 Statutes of Nevada, Page 2705 (Chapter 466, SB 24)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 612.115 is hereby amended to read as follows:

      612.115  1.  “Employment” includes service performed in the employ of this State, or of any political subdivision thereof, or of any instrumentality of this State or its political subdivisions which is owned by this State or one or more of its political subdivisions alone or in conjunction with one or more other states or political subdivisions thereof, which is excluded from the definition of “employment” by the provisions of 26 U.S.C. § 3306(c)(7), except service:

      (a) As an elected official;

      (b) As a member of a legislative body, or a member of the judiciary, of the State or a political subdivision;

      (c) As a member of the Nevada Army National Guard or Nevada Air National Guard [;] , unless the member:

             (1) Was ordered to full-time, active duty for at least 90 consecutive days;

             (2) Is paid under title 32 of the United States Code;

             (3) Is released from military service under an eligible reason for separation pursuant to the Unemployment Compensation for Ex-servicemembers, or 20 C.F.R. §§ 614.1 et seq.; and

             (4) Is otherwise entitled to receive benefits;

      (d) In employment serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency;

      (e) In a position which, pursuant to state law, is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; or

      (f) By an inmate of a custodial or penal institution.

      2.  Every department of this State, and every political subdivision thereof, and each of the instrumentalities of this State and its political subdivisions, shall become an employer as provided in this chapter.

      3.  “Employment” does not include service performed:

      (a) In a facility conducted for the purpose of carrying out a program of rehabilitation for persons whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for persons who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market by a person receiving such rehabilitation or remunerative work; or

      (b) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by a person receiving such work relief or work training.

      Sec. 1.5. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

 


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

ê2015 Statutes of Nevada, Page 2706 (Chapter 466, SB 24)ê

 

as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.040, make the information obtained by the Division available to:

      (a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

      (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

      4.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      [4.] 5.  Upon written request made by a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      [5.] 6.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State.

 


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

ê2015 Statutes of Nevada, Page 2707 (Chapter 466, SB 24)ê

 

the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      [6.] 7.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      [7.] 8.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      [8.] 9.  In addition to the provisions of subsection [5,] 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      [9.] 10.  [A private carrier that provides industrial insurance in this State] The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator , from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS . [during the preceding month and request that] Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the [private carrier] Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. [Upon receipt of the request, the Administrator shall make such a comparison and, if] If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

 


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

ê2015 Statutes of Nevada, Page 2708 (Chapter 466, SB 24)ê

 

enforcement agency. [The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.

      10.] 11.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      [11.] 12.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      [12.] 13.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 2. NRS 612.344 is hereby amended to read as follows:

      612.344  1.  A person who has received:

      (a) Benefits for a temporary total disability or a temporary partial disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS;

      (b) Money for rehabilitative services pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or

      (c) Compensation pursuant to any similar federal law,

Ê may elect a base period consisting of the first 4 of the last 5 completed calendar quarters immediately preceding the first day of the calendar week in which the disability began.

      2.  An elected base period may be established only if the person files a claim for benefits within 3 years after [the initial] any period of disability begins and not later than the fourth calendar week of unemployment after:

      (a) The end of the period of temporary total disability or temporary partial disability; or

      (b) The date the person ceases to receive money for rehabilitative services,

Ê whichever occurs later. If one calendar quarter of the described base period has been used in a previous determination of the person’s entitlement to benefits, the elected base period must be the first 4 completed calendar quarters immediately preceding the first day of the calendar week in which the disability began.

      3.  A person who has elected a base period pursuant to this section and who had previously established a benefit year may establish a new benefit year consisting of the 52 consecutive weeks beginning with the first day of the first week with respect to which a valid claim is filed after the period of disability ends or payments for rehabilitative services cease, whichever occurs later. The previously established benefit year terminates upon the beginning of the new benefit year.

 


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

ê2015 Statutes of Nevada, Page 2709 (Chapter 466, SB 24)ê

 

      Sec. 3. NRS 612.365 is hereby amended to read as follows:

      612.365  1.  Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:

      (a) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and

      (b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the Administrator.

      2.  The amount of the overpayment must be assessed to the liable person, and the person must be notified of the basis of the assessment. The notice must specify the amount for which the person is liable. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the assessment must be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.

      3.  [At] Except as otherwise provided in subsection 4, at any time within 5 years after the notice of overpayment, the Administrator may recover the amount of the overpayment by using the same methods of collection provided in NRS 612.625 to 612.645, inclusive, 612.685 and 612.686 for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable to the liable person under this chapter.

      4.  If the overpayment is due to fraud, misrepresentation or willful nondisclosure, the Administrator may , within 10 years after the notice of overpayment, recover any amounts due in accordance with the provisions of NRS 612.7102 to 612.7116, inclusive.

      [4.]5.  The Administrator may waive recovery or adjustment of all or part of the amount of any such overpayment which the Administrator finds to be uncollectible or the recovery or adjustment of which the Administrator finds to be administratively impracticable.

      [5.]6.  To the extent allowed pursuant to federal law, the Administrator may assess any administrative fee prescribed by an applicable agency of the United States regarding the recovery of such overpayments.

      [6.]7.  Any person against whom liability is determined under this section may appeal therefrom within 11 days after the date the notice provided for in this section was mailed to, or served upon, the person. An appeal must be made and conducted in the manner provided in this chapter for the appeals from determinations of benefit status. The 11-day period provided for in this subsection may be extended for good cause shown.

      Sec. 4. NRS 612.445 is hereby amended to read as follows:

      612.445  1.  A person shall not make a false statement or representation, knowing it to be false, or knowingly fail to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter, including, without limitation, by [failing] :

      (a) Failing to properly report earnings [or by filing] ;

      (b) Filing a claim for benefits using the social security number, name or other personal identifying information of another person [.] ; or

      (c) Filing a claim for or receiving benefits and failing to disclose, at the time he or she files the claim or receives the benefits, any compensation for a temporary total disability or a temporary partial disability or money for rehabilitative services pursuant to chapters 616A to 616D, inclusive, or 617 of NRS received by the person or for which a claim has been submitted pursuant to those chapters.

 


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

ê2015 Statutes of Nevada, Page 2710 (Chapter 466, SB 24)ê

 

Ê A person who violates the provisions of this subsection commits unemployment insurance fraud.

      2.  When the Administrator finds that a person has committed unemployment insurance fraud pursuant to subsection 1, the person shall repay to the Administrator for deposit in the Fund a sum equal to all of the benefits received by or paid to the person for each week with respect to which the false statement or representation was made or to which the person failed to disclose a material fact in addition to any interest, penalties and costs related to that sum. Except as otherwise provided in subsection 3 of NRS 612.480, the Administrator may make an initial determination finding that a person has committed unemployment insurance fraud pursuant to subsection 1 at any time within 4 years after the first day of the benefit year in which the person committed the unemployment insurance fraud.

      3.  Except as otherwise provided in this subsection and subsection 8, the person is disqualified from receiving unemployment compensation benefits under this chapter:

      (a) For a period beginning with the week in which the Administrator issues a finding that the person has committed unemployment insurance fraud pursuant to subsection 1 and ending not more than 52 consecutive weeks after the week in which it is determined that a claim was filed in violation of subsection 1; or

      (b) Until the sum described in subsection 2, in addition to any interest, penalties or costs related to that sum, is repaid to the Administrator,

Ê whichever is longer. The Administrator shall fix the period of disqualification according to the circumstances in each case.

      4.  It is a violation of subsection 1 for a person to file a claim, or to cause or allow a claim to be filed on his or her behalf, if:

      (a) The person is incarcerated in the state prison or any county or city jail or detention facility or other correctional facility in this State; and

      (b) The claim does not expressly disclose his or her incarceration.

      5.  A person who obtains benefits of $650 or more in violation of subsection 1 shall be punished in the same manner as theft pursuant to subsection 3 or 4 of NRS 205.0835.

      6.  In addition to the repayment of benefits required pursuant to subsection 2, the Administrator:

      (a) Shall impose a penalty equal to 15 percent of the total amount of benefits received by the person in violation of subsection 1. Money recovered by the Administrator pursuant to this paragraph must be deposited in the Unemployment Trust Fund in accordance with the provisions of NRS 612.590.

      (b) May impose a penalty equal to not more than:

            (1) If the amount of such benefits is greater than $25 but not greater than $1,000, 5 percent;

             (2) If the amount of such benefits is greater than $1,000 but not greater than $2,500, 10 percent; or

             (3) If the amount of such benefits is greater than $2,500, 35 percent,

Ê of the total amount of benefits received by the person in violation of subsection 1 or any other provision of this chapter. Money recovered by the Administrator pursuant to this paragraph must be deposited in the Employment Security Fund in accordance with the provisions of NRS 612.615.

 


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

ê2015 Statutes of Nevada, Page 2711 (Chapter 466, SB 24)ê

 

      7.  Except as otherwise provided in subsection 8, a person may not pay benefits as required pursuant to subsection 2 by using benefits which would otherwise be due and payable to the person if he or she was not disqualified.

      8.  The Administrator may waive the period of disqualification prescribed in subsection 3 for good cause shown or if the person adheres to a repayment schedule authorized by the Administrator that is designed to fully repay benefits received from an improper claim, in addition to any related interest, penalties and costs, within 18 months. If the Administrator waives the period of disqualification pursuant to this subsection, the person may repay benefits as required pursuant to subsection 2 by using any benefits which are due and payable to the person, except that benefits which are due and payable to the person may not be used to repay any related interest, penalties and costs.

      9.  The Administrator may recover any money required to be paid pursuant to this section in accordance with the provisions of NRS 612.365 and may collect interest on any such money in accordance with the provisions of NRS 612.620.

________

 

CHAPTER 467, SB 95

Senate Bill No. 95–Senator Parks

 

CHAPTER 467

 

[Approved: June 9, 2015]

 

AN ACT relating to property tax; revising provisions governing the publication of property tax rolls; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a county assessor is required to prepare and publish in a newspaper of general circulation in the county a list of all the taxpayers on the secured roll in the county and the total value of the property on which they pay taxes or print and deliver or mail such a list and valuations to each taxpayer in the county. (NRS 361.300) This bill requires a board of county commissioners to direct the county assessor to publish this list and valuations on an Internet website maintained by the county assessor or the county. This bill also requires a board of county commissioners to direct the county assessor in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) to make not fewer than 10 copies of this list and valuations available to the public free of charge.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 361.300 is hereby amended to read as follows:

      361.300  1.  On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.

 


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

ê2015 Statutes of Nevada, Page 2712 (Chapter 467, SB 95)ê

 

the county. A notice issued pursuant to this subsection must include a statement that the secured tax roll is available for inspection as specified in paragraph (b) of subsection 3. The statement published in the newspaper must be displayed in the format used for advertisements and printed in at least 10-point bold type or font.

      2.  If the county assessor fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow the county assessor a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.

      3.  Except as otherwise provided in subsection 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:

      (a) To cause , on or before January 1 of the fiscal year in which assessment is made, such list and valuations to be:

             (1) Printed and delivered by the county assessor or mailed by him or her [on or before January 1 of the fiscal year in which assessment is made] to each taxpayer in the county; [or]

             (2) Published once [on or before January 1 of the fiscal year in which assessment is made] in a newspaper of general circulation in the county; or

             (3) Published on an Internet website that is maintained by the county assessor or, if the county assessor does not maintain an Internet website, on an Internet website that is maintained by the county; and

      (b) To cause , on or before January 1 of the fiscal year in which assessment is made, such list and valuations to be:

             (1) Posted in a public area of the public libraries and branch libraries located in the county;

             (2) Posted at the office of the county assessor; and

             (3) [Published] If the list and valuations are printed and delivered or mailed pursuant to subparagraph (1) of paragraph (a) or published in a newspaper of general circulation pursuant to subparagraph (2) of paragraph (a), published on an Internet website that is maintained by the county assessor or, if the county assessor does not maintain an Internet website, on an Internet website that is maintained by the county [.] ;

      (c) In a county whose population is less than 100,000, to make not fewer than 10 copies of such list and valuations available to the public free of charge during normal business hours at the main administrative office of the county for at least 60 days after the date on which the list and valuations are made available to the public pursuant to paragraph (b); and

      (d) If the county assessor publishes the list and valuations on an Internet website that is maintained by the county assessor or the county pursuant to subparagraph (3) of paragraph (a), to provide notice in a newspaper of general circulation in the county four times each year which:

             (1) Indicates that the list and valuations have been made available to the public on the Internet website maintained by the county assessor or the county;

             (2) Provides the address of the Internet website on which the list and valuations may be accessed or retrieved;

             (3) Is displayed in the format used for advertisements and printed in at least 10-point bold type or font;

 


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

ê2015 Statutes of Nevada, Page 2713 (Chapter 467, SB 95)ê

 

             (4) Provides an explanation of how property tax rates are determined;

             (5) Provides an explanation of how property tax abatements are applied and how tax relief may be obtained;

             (6) Provides information on how often assessed values change;

             (7) Provides information on how to file an appeal to the county board of equalization and the State Board of Equalization;

             (8) Provides the due dates for payments;

             (9) Provides an explanation of exemptions and how to apply for an exemption; and

             (10) Includes a statement of certification by the assessor that the roll is complete and accurate.

      4.  A board of county commissioners may, in the resolution required by subsection 3, authorize the county assessor not to deliver or mail the list, as provided in subparagraph (1) of paragraph (a) of subsection 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his or her assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.

      5.  The several boards of county commissioners in the State may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.

      6.  Whenever:

      (a) Any property on the secured tax roll is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before December 18 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating the assessed valuation of the property as determined from the appraisal or reappraisal. A notice issued pursuant to this paragraph must include a statement that the secured tax roll [is] will be available for inspection on or before January 1 as specified in paragraph (b) of subsection 3 [.] and subparagraph (3) of paragraph (a) of subsection 3, if applicable, and must specify the locations at which the secured tax roll will be available for inspection, including the address of the Internet website on which the secured tax role may be accessed or retrieved. If such a statement is published in a newspaper, the statement must be displayed in the format used for advertisements and printed in at least 10-point bold type or font.

      (b) Any personal property billed on the unsecured tax roll is appraised or reappraised pursuant to NRS 361.260, the delivery or mailing to the owner of such property of an individual tax bill or individual tax notice for the property shall be deemed to constitute adequate notice to the owner of the assessed valuation of the property as determined from the appraisal or reappraisal.

      7.  If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include:

      (a) The information set forth in subsection 6 for the new assessed valuation.

      (b) The dates for appealing the new assessed valuation.

      8.  Failure by the taxpayer to receive a notice required by this section does not invalidate the appraisal or reappraisal.

 


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

ê2015 Statutes of Nevada, Page 2714 (Chapter 467, SB 95)ê

 

      9.  In addition to complying with subsections 6 and 7, a county assessor shall:

      (a) Provide without charge a copy of a notice of assessed valuation to the owner of the property upon request.

      (b) Post the information included in a notice of assessed valuation on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the county assessor.

      Sec. 1.5. Section 1 of this act is hereby amended to read as follows:

       Section 1.  NRS 361.300 is hereby amended to read as follows:

       361.300  1.  On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county. A notice issued pursuant to this subsection must include a statement that the secured tax roll is available for inspection as specified in paragraph (b) of subsection 3. The statement published in the newspaper must be displayed in the format used for advertisements and printed in at least 10-point bold type or font.

       2.  If the county assessor fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow the county assessor a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.

       3.  Except as otherwise provided in subsection 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:

       (a) To cause, on or before January 1 of the fiscal year in which assessment is made, such list and valuations to be:

             (1) Printed and delivered by the county assessor or mailed by him or her to each taxpayer in the county;

             (2) Published once in a newspaper of general circulation in the county; or

             (3) Published on an Internet website that is maintained by the county assessor or, if the county assessor does not maintain an Internet website, on an Internet website that is maintained by the county; and

       (b) To cause, on or before January 1 of the fiscal year in which assessment is made, such list and valuations to be:

             (1) Posted in a public area of the public libraries and branch libraries located in the county;

             (2) Posted at the office of the county assessor; and

             (3) If the list and valuations are printed and delivered or mailed pursuant to subparagraph (1) of paragraph (a) or published in a newspaper of general circulation pursuant to subparagraph (2) of paragraph (a), published on an Internet website that is maintained by the county assessor or, if the county assessor does not maintain an Internet website, on an Internet website that is maintained by the county;

 


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

ê2015 Statutes of Nevada, Page 2715 (Chapter 467, SB 95)ê

 

the county assessor or, if the county assessor does not maintain an Internet website, on an Internet website that is maintained by the county;

       (c) In a county whose population is less than 100,000, to make not fewer than 10 copies of such list and valuations available to the public free of charge during normal business hours at the main administrative office of the county for at least 60 days after the date on which the list and valuations are made available to the public pursuant to paragraph (b); and

      (d) If the county assessor publishes the list and valuations on an Internet website that is maintained by the county assessor or the county pursuant to subparagraph (3) of paragraph (a), to provide notice in a newspaper of general circulation in the county [four times each year] , on or before January 1 of the fiscal year in which assessment is made, which:

             (1) Indicates that the list and valuations have been made available to the public on the Internet website maintained by the county assessor or the county;

            (2) Provides the address of the Internet website on which the list and valuations may be accessed or retrieved; and

            (3) Is displayed in the format used for advertisements and printed in at least 10-point bold type or font . [;

             (4) Provides an explanation of how property tax rates are determined;

             (5) Provides an explanation of how property tax abatements are applied and how tax relief may be obtained;

             (6) Provides information on how often assessed values change;

             (7) Provides information on how to file an appeal to the county board of equalization and the State Board of Equalization;

             (8) Provides the due dates for payments;

             (9) Provides an explanation of exemptions and how to apply for an exemption; and

             (10) Includes a statement of certification by the assessor that the roll is complete and accurate.]

       4.  A board of county commissioners may, in the resolution required by subsection 3, authorize the county assessor not to deliver or mail the list, as provided in subparagraph (1) of paragraph (a) of subsection 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his or her assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.

       5.  The several boards of county commissioners in the State may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.

       6.  Whenever:

       (a) Any property on the secured tax roll is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before December 18 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating the assessed valuation of the property as determined from the appraisal or reappraisal.

 


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

ê2015 Statutes of Nevada, Page 2716 (Chapter 467, SB 95)ê

 

written notice stating the assessed valuation of the property as determined from the appraisal or reappraisal. A notice issued pursuant to this paragraph must include a statement that the secured tax roll will be available for inspection on or before January 1 as specified in paragraph (b) of subsection 3 and subparagraph (3) of paragraph (a) of subsection 3, if applicable, and must specify the locations at which the secured tax roll will be available for inspection, including the address of the Internet website on which the secured tax role may be accessed or retrieved. If such a statement is published in a newspaper, the statement must be displayed in the format used for advertisements and printed in at least 10-point bold type or font.

       (b) Any personal property billed on the unsecured tax roll is appraised or reappraised pursuant to NRS 361.260, the delivery or mailing to the owner of such property of an individual tax bill or individual tax notice for the property shall be deemed to constitute adequate notice to the owner of the assessed valuation of the property as determined from the appraisal or reappraisal.

       7.  If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include:

       (a) The information set forth in subsection 6 for the new assessed valuation.

       (b) The dates for appealing the new assessed valuation.

       8.  Failure by the taxpayer to receive a notice required by this section does not invalidate the appraisal or reappraisal.

       9.  In addition to complying with subsections 6 and 7, a county assessor shall:

       (a) Provide without charge a copy of a notice of assessed valuation to the owner of the property upon request.

       (b) Post the information included in a notice of assessed valuation on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the county assessor.

      Sec. 2.  1.  This section and section 1 of this act become effective on July 1, 2015.

      2.  Section 1.5 of this act becomes effective on July 1, 2016.

________

 


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

ê2015 Statutes of Nevada, Page 2717ê

 

 

CHAPTER 468, SB 146

Senate Bill No. 146–Senators Parks and Spearman

 

Joint Sponsor: Assemblywoman Bustamante Adams

 

CHAPTER 468

 

[Approved: June 9, 2015]

 

AN ACT relating to wages; authorizing certain employers and employees to enter into a written agreement to exclude from an employee’s wages payment for certain specified periods; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an employer to pay an employee wages for each hour the employee works. (NRS 608.016) Existing federal regulations allow employees who work shifts of 24 hours or more to agree to not be paid for a sleeping period not to exceed 8 hours under certain circumstances. (29 C.F.R. § 785.22) This bill provides that an employee who is employed in a certain residential facility and who works for 24 hours or more may agree to not be paid for a sleeping period not to exceed 8 hours if adequate sleeping facilities are provided by the employer.

 

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

      1.  If an employee specified in paragraph (a) of subsection 3 is required to be on duty for 24 hours or more, the employer and employee may agree in writing to exclude from the employee’s wages a regularly scheduled sleeping period not to exceed 8 hours if adequate sleeping facilities are furnished by the employer.

      2.  If the sleeping period is interrupted by any call for service by the employer, the interruption must be counted as hours worked. If the sleeping period is interrupted by any call for service by the employer to such an extent that the sleeping period is less than 5 hours, the employee must be paid for the entire sleeping period.

      3.  The provisions of subsections 1 and 2:

      (a) Apply only to an employee who is on duty at a residential facility for a group of similarly situated persons who require supervision, care or other assistance from employees at the residential facility; and

      (b) Do not apply to a firefighter, a member of a rescue or emergency services crew or a peace officer, including, without limitation, a correctional officer.

      4.  As used in this section:

      (a) “A group of similarly situated persons” includes, without limitation, a group of:

             (1) Persons with a mental illness;

             (2) Persons with a physical disability;

             (3) Persons with an intellectual disability;

 


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

ê2015 Statutes of Nevada, Page 2718 (Chapter 468, SB 146)ê

 

             (4) Persons who are elderly;

             (5) Persons recovering from alcohol or drug abuse;

             (6) Children in foster care; and

             (7) Children in a program to address emotional or behavioral problems.

      (b) “On duty” means any period during which an employee is working or is required to remain on the premises of the employer.

      (c) “Residential facility” means:

             (1) A dormitory, any structure similar to a dormitory or any structure similar to a private residence in which a group of similarly situated persons reside for the purpose of receiving supervision, care or other assistance from employees on duty at the residential facility. Any such dormitory or structure similar to a dormitory may include a studio apartment for the use of the employees.

             (2) In the case of a program for children to address emotional or behavioral problems, any structure which provides for residential living for the children and employees.

      Sec. 2. NRS 608.016 is hereby amended to read as follows:

      608.016  [An] Except as otherwise provided in section 1 of this act, an employer shall pay to the employee wages for each hour the employee works. An employer shall not require an employee to work without wages during a trial or break-in period.

      Sec. 3.  This act becomes effective on July 1, 2015.

________

CHAPTER 469, SB 409

Senate Bill No. 409–Senator Lipparelli

 

CHAPTER 469

 

[Approved: June 9, 2015]

 

AN ACT relating to gaming; revising provisions related to the preparation of a credit report in connection with a person who is seeking certain employment with a gaming licensee; revising provisions governing the disclosure of certain information by a reporting agency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing state and federal law prohibits a credit reporting agency from disclosing in the credit report of a person information related to a bankruptcy filing that is more than 10 years old and certain other negative credit information that is more than 7 years old. (NRS 598C.150; 15 U.S.C. § 1681c) However, existing federal law provides certain exceptions to the preceding federal prohibition, including an exception for a credit report prepared in connection with the employment of an individual whose salary will be greater than $75,000. (15 U.S.C. § 1681c(b)(3))

      Sections 1 and 2 of this bill create a similar exception in state law for a credit report prepared for a gaming licensee in connection with a person who is seeking employment with the licensee or employment in a position connected directly with the licensee’s operations. Section 2 also removes the prohibition against disclosing a record of conviction of a crime which is more than 7 years old, meaning that there is no limitation of time for which such a record may be disclosed.

 


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

ê2015 Statutes of Nevada, Page 2719 (Chapter 469, SB 409)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 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding the provisions of NRS 598C.150, and to the extent allowed by 15 U.S.C. § 1681c, as amended, or any successor provision, and any regulations adopted pursuant thereto, a reporting agency may conduct an investigation or report information in response to a request from a licensee pursuant to the licensee’s internal investigation of a person seeking employment with the licensee or employment in a position connected directly with the operations of the licensee.

      2.  As used in this section, “reporting agency” has the meaning ascribed to it in NRS 598C.100.

      Sec. 2. NRS 598C.150 is hereby amended to read as follows:

      598C.150  A reporting agency shall periodically purge from its files and after purging shall not disclose:

      1.  [Bankruptcies] Except as otherwise provided in section 1 of this act, bankruptcies whose dates of adjudication precede the report by more than 10 years. A report of adjudication must include, if known, the chapter of Title 11 of the United States Code under which the case arose.

      2.  Except as otherwise provided by a specific statute, including, without limitation, section 1 of this act, any other civil judgment, a report of criminal proceedings, or other adverse information , excluding a record of a conviction of a crime, which precedes the report by more than 7 years.

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

________

CHAPTER 470, SB 340

Senate Bill No. 340–Senators Smith, Ford, Spearman, Parks; Atkinson, Denis, Kihuen, Manendo and Woodhouse

 

Joint Sponsors: Assemblymen Carrillo; Araujo, Joiner, Spiegel and Sprinkle

 

CHAPTER 470

 

[Approved: June 9, 2015]

 

AN ACT relating to public works; disqualifying a contractor from being awarded a contract for a public work under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Labor Commissioner to impose an administrative penalty against a person who violates certain provisions related to contracts for public works in this State. (NRS 338.015) A person against whom such an administrative penalty is imposed may not be awarded a contract for a public work for a period of 3 years, and upon a second or subsequent offense, for a period of 5 years. (NRS 338.017) In addition to the prohibition on being awarded a contract for public works, such a person is also subject to the suspension of his or her contractor’s license by the State Contractors’ Board for the length of the prohibition. (NRS 624.300)

 


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

ê2015 Statutes of Nevada, Page 2720 (Chapter 470, SB 340)ê

 

      Under federal law, a contractor may be excluded for a period of time from receiving contracts from the Federal Government if the contractor is debarred. (48 C.F.R. §§ 9.400 et seq.)

      This bill provides that, if a contractor is excluded for a period of time from receiving contracts from the Federal Government as a result of being debarred, the contractor may not be awarded a contract for a public work in this State for the term of the debarment.

 

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 338.017 is hereby amended to read as follows:

      338.017  1.  If any administrative penalty is imposed pursuant to this chapter against a person for the commission of an offense [:

      1.  That] , that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work:

      (a) For the first offense, for a period of 3 years after the date of the imposition of the administrative penalty; and

      (b) For the second or subsequent offense, for a period of 5 years after the date of the imposition of the administrative penalty.

      2.  A person, and the corporate officers, if any, of that person, who is identified in the System for Award Management Exclusions operated by the General Services Administration as being excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred may not be awarded a contract for a public work for the period of debarment of the contractor from receiving contracts from the Federal Government.

      3.  The Labor Commissioner, upon learning that a contractor has been excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred, shall disqualify the contractor from being awarded a contract for a public work as provided in subsection 2.

      4.  The Labor Commissioner shall notify the State Contractors’ Board of each contractor who is prohibited or disqualified from being awarded a contract for a public work pursuant to this section.

      Sec. 2.  (Deleted by amendment.)

________

 


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

ê2015 Statutes of Nevada, Page 2721ê

 

CHAPTER 471, SB 406

Senate Bill No. 406–Senator Roberson

 

CHAPTER 471

 

[Approved: June 9, 2015]

 

AN ACT relating to public retirement systems; providing that certain members of public retirement systems who are convicted of or plead guilty or nolo contendere to certain felonies forfeit, with limited exceptions, all rights and benefits under the relevant system; amending the amount of postretirement increases for persons who become members of public retirement systems on or after July 1, 2015; providing an additional benefit option for a surviving spouse or survivor beneficiary of a police officer or firefighter killed in the line of duty or other member killed in the course of employment, judicial service or legislative service on or after July 1, 2013; amending the age of eligibility to receive retirement benefits for persons, other than police officers or firefighters, who become members of the Public Employees’ Retirement System or Judicial Retirement Plan on or after July 1, 2015; revising provisions relating to the calculation of the years of service of certain members of the Public Employees’ Retirement System, the Judicial Retirement Plan and the Legislators’ Retirement System; providing, with limited exceptions, that the purchase of service credit cannot be used to reduce the number of years of service a member of each respective retirement system must earn to retire with an unreduced benefit; limiting the amount of compensation that may be used to determine retirement benefits for persons who become members of public retirement systems on or after July 1, 2015; revising the formula for calculating retirement allowances for persons who become members of certain public retirement systems on or after July 1, 2015; clarifying that the term “spouse” includes a domestic partner for purposes of eligibility for survivor benefits from a public retirement system; removing the expiration date of certain provisions relating to retired public employees who fill positions for which there are critical labor shortages; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Retired public employees receive retirement allowances through membership in and contributions to the Public Employees’ Retirement System. (Chapter 286 of NRS) With certain exceptions, retired justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace and municipal judges receive retirement allowances through membership in and contributions to the Judicial Retirement Plan. (Chapter 1A of NRS) With certain exceptions, Legislators receive retirement allowances through membership in and contributions to the Legislators’ Retirement System. (Chapter 218C of NRS) This bill makes a number of changes to these public retirement systems.

      Sections 2, 17 and 26 of this bill provide that if a person becomes a member of the Public Employees’ Retirement System, Judicial Retirement Plan or Legislators’ Retirement System, respectively, on or after July 1, 2015, and that member is convicted of or pleads guilty or nolo contendere to certain felonies, the member forfeits, with limited exceptions, all rights and benefits under the relevant retirement system.

 


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

ê2015 Statutes of Nevada, Page 2722 (Chapter 471, SB 406)ê

 

      Existing law provides for postretirement increases for members of the Public Employees’ Retirement System, Judicial Retirement Plan and Legislators’ Retirement System. (NRS 1A.240, 286.571, 218C.510) Section 3 of this bill reduces the postretirement increases for retirees who become members of the retirement systems on or after July 1, 2015.

      Existing law sets forth several benefit options for surviving spouses of deceased members of the Public Employees’ Retirement System, the Judicial Retirement Plan and the Legislators’ Retirement System. (NRS 1A.590-1A.610, 218C.580, 286.674-286.6766) Existing law also sets forth several benefit options for survivor beneficiaries of deceased members of the Public Employees’ Retirement System, the Judicial Retirement Plan and the Legislators’ Retirement System if a member is unmarried on the date of the member’s death. (NRS 1A.620-1A.650, 218C.580, 286.6767-286.6769) Sections 4, 16 and 27 of this bill provide an additional benefit option for the spouse of a member who is killed in the line of duty, the course of employment, the course of judicial service or the course of legislative service, as applicable, on or after July 1, 2013. This additional option authorizes the surviving spouse to receive a benefit that is equivalent to the greater of: (1) fifty percent of the salary of the member on the date of the member’s death; or (2) one hundred percent of the retirement allowance that the member was eligible to receive based on the member’s years of service obtained before the member’s death without any reduction for age for the deceased member. Sections 4.5, 16.5 and 27.5 of this bill provide that this additional benefit option is available to a survivor beneficiary if the deceased member is unmarried on the date of the member’s death. Section 29.7 of this bill provides a method for the spouse or survivor beneficiary of a member who was killed in the line of duty, the course of employment, the course of judicial service or the course of legislative service during the period beginning on July 1, 2013, and ending on June 30, 2015, to select the additional benefit option set forth in section 4, 4.5, 16, 16.5, 27 or 27.5, as applicable.

      Under existing law, a person who becomes a member of the Public Employees’ Retirement System on or after January 1, 2010, other than a police officer or firefighter, is eligible to retire at 65 years of age if he or she has at least 5 years of service, at 62 years of age if he or she has at least 10 years of service and at any age if he or she has at least 30 years of service. (NRS 286.510) Section 5 of this bill provides that a person who becomes a member of the System on or after July 1, 2015, other than a police officer or firefighter, is eligible to retire at 65 years of age if he or she has at least 5 years of service, at 62 years of age if he or she has at least 10 years of service, at 55 years of age if he or she has at least 30 years of service, and at any age if he or she has at least 33 1/3 years of service. Section 20 of this bill makes the eligibility requirements for retirement relating to age and service consistent between public employees and justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace and municipal judges.

      Sections 5, 20 and 28 of this bill provide, respectively, that for a member of the Public Employees’ Retirement System, Judicial Retirement Plan or Legislators’ Retirement System, the calculation of the member’s years of service for the purpose of determining the age at which the member may retire with an unreduced benefit must not include any year or part of a year of service credit purchased by the member or, in certain circumstances, on behalf of the member. Sections 5, 20 and 28 provide a limited exception if the member has a family medical emergency.

      Under existing law, the amount of a member’s monthly retirement benefit is based on the member’s compensation while employed, subject to certain limitations. (NRS 1A.390, 1A.400, 1A.410, 286.535, 286.537, 286.551, 218C.520, 218C.530) Sections 6, 21 and 29 of this bill limit the amount of compensation used to determine the retirement benefit of a person who becomes a member of a public retirement system on or after July 1, 2015, to $200,000, plus certain adjustments based on changes in the Consumer Price Index.

      Under existing law, the monthly retirement allowance for a person who became a member of the Public Employees’ Retirement System on or after January 1, 2010, is calculated by multiplying a member’s average compensation, over the member’s 36 consecutive months of highest compensation, by 2.5 percent for every year of service earned.

 


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

ê2015 Statutes of Nevada, Page 2723 (Chapter 471, SB 406)ê

 

consecutive months of highest compensation, by 2.5 percent for every year of service earned. (NRS 286.551) Section 7 of this bill provides that the monthly retirement allowance for each person who has an effective date of membership on or after July 1, 2015, other than a police officer or firefighter, will be determined by multiplying the member’s average compensation by 2.25 percent for every year of service with the member’s eligibility for service credit ceasing at 33 1/3 years of service.

      Under existing law, members of the Judicial Retirement Plan do not pay contributions into the Plan. (NRS 1A.180) Section 15 of this bill requires members of the Plan who have an effective date of membership on or after July 1, 2015, to pay 50 percent of the required contributions to the Plan.

      Under existing law, the monthly retirement allowance for a member of the Judicial Retirement Plan is calculated by multiplying a member’s average compensation, over the member’s 36 consecutive months of highest compensation, by 3.4091 percent for every year of service earned. (NRS 1A.440) Section 22 of this bill provides that the monthly retirement allowance for each person who has an effective date of membership on or after July 1, 2015, will be determined by multiplying the member’s average compensation by 3.1591 percent for every year of service.

      Sections 10, 14, 24 and 27 of this bill clarify that the term “spouse” includes a domestic partner for purposes of determining eligibility to receive survivor benefits from a public retirement system.

      Existing law provides that a retired public employee who accepts employment or an independent contract with a public employer under the Public Employees’ Retirement System is disqualified under certain circumstances from receiving allowances under the System for the duration of that employment or contract. (NRS 286.520) Existing law also provides an exception to this disqualification if the retired public employee fills a position for which there is a critical labor shortage. (NRS 286.523) This exception is scheduled to expire on June 30, 2015. (Chapter 346, Statutes of Nevada 2009, p. 1550) Sections 29.6 and 29.8 of this bill remove the expiration date of this exception.

 

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 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.

      Sec. 2. 1.  Except as otherwise provided in subsections 2 and 3, a member who is convicted of or pleads guilty or nolo contendere to any felony involving:

      (a) Accepting or giving, or offering to give, any bribe;

      (b) Embezzlement of public money;

      (c) Extortion or theft of public money;

      (d) Perjury; or

      (e) Conspiracy to commit any crime set forth in paragraphs (a) to (d), inclusive,

Ê and arising directly out of his or her duties as an employee, forfeits all rights and benefits under the System.

      2.  Upon a conviction described in subsection 1, the System must return to the member, without interest, all contributions which the member has made and which were credited to the member’s individual account.

      3.  The provisions of subsections 1 and 2 apply only to persons who become members of the System on or after July 1, 2015.

 


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

ê2015 Statutes of Nevada, Page 2724 (Chapter 471, SB 406)ê

 

      Sec. 3. 1.  For a person who retires and who has an effective date of membership on or after July 1, 2015, allowances or benefits must be increased once each year on the first day of the month immediately following the anniversary date the person began receiving the allowance or benefit:

      (a) By 2 percent following the 3rd, 4th and 5th anniversaries of the commencement of benefits.

      (b) By 2.5 percent following the 6th, 7th and 8th anniversaries of the commencement of benefits.

      (c) By the lesser of 3 percent or the increase, if any, in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year following the 9th anniversary of the commencement of benefits and each year thereafter.

      2.  The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.

      Sec. 4. 1.  The spouse of a member who is a police officer or firefighter killed in the line of duty on or after July 1, 2013, or the spouse of any other member killed in the course of employment on or after July 1, 2013, is entitled to receive a monthly allowance equivalent to the greater of:

      (a) Fifty percent of the salary of the member on the date of the member’s death; or

      (b) One hundred percent of the retirement allowance that the member was eligible to receive based on the member’s years of service obtained before the member’s death without any reduction for age for the deceased member.

      2.  The benefits provided by this section must be paid to the spouse for the remainder of the spouse’s life.

      3.  The spouse may elect to receive the benefits provided by any one of the following only:

      (a) This section;

      (b) NRS 286.674;

      (c) NRS 286.676;

      (d) NRS 286.6765; or

      (e) NRS 286.6766.

      4.  For the purposes of this section, the Board shall define by regulation “killed in the line of duty” and “killed in the course of employment.”

      Sec. 4.5. 1.  Except as otherwise provided in subsection 2, the survivor beneficiary of a member who is a police officer or firefighter killed in the line of duty on or after July 1, 2013, or the survivor beneficiary of any other member killed in the course of employment on or after July 1, 2013, is entitled to receive a monthly allowance equivalent to the greater of:

      (a) Fifty percent of the salary of the member on the date of the member’s death; or

      (b) One hundred percent of the retirement allowance that the member was eligible to receive based on the member’s years of service obtained before the member’s death without any reduction for age for the deceased member.

 


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

ê2015 Statutes of Nevada, Page 2725 (Chapter 471, SB 406)ê

 

      2.  If the member had designated one or more payees in addition to the survivor beneficiary pursuant to NRS 286.6767, the monthly allowance to which a survivor beneficiary is entitled pursuant to subsection 1 must be divided between the survivor beneficiary and any additional payees in the proportion designated by the member pursuant to NRS 286.6767.

      3.  The benefits provided by this section must be paid to the survivor beneficiary for the remainder of the survivor beneficiary’s life.

      4.  The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

      (a) This section;

      (b) NRS 286.67675;

      (c) NRS 286.6768;

      (d) NRS 286.67685; or

      (e) NRS 286.6769.

      5.  For the purposes of this section, the Board shall define by regulation “killed in the line of duty” and “killed in the course of employment.”

      6.  As used in this section, “survivor beneficiary” means a person designated pursuant to NRS 286.6767.

      Sec. 5. NRS 286.510 is hereby amended to read as follows:

      286.510  1.  Except as otherwise provided in subsections 2 and 3, a member of the System:

      (a) Who has an effective date of membership before January 1, 2010, is eligible to retire at age 65 if the member has at least 5 years of service, at age 60 if the member has at least 10 years of service and at any age if the member has at least 30 years of service.

      (b) Who has an effective date of membership on or after January 1, 2010, and before July 1, 2015, is eligible to retire at age 65 if the member has at least 5 years of service, at age 62 if the member has at least 10 years of service and at any age if the member has at least 30 years of service.

      (c) Who has an effective date of membership on or after July 1, 2015, is eligible to retire at age 65 if the member has at least 5 years of service, at age 62 if the member has at least 10 years of service, at age 55 if the member has at least 30 years of service and at any age if the member has at least 33 1/3 years of service. For the purposes of this paragraph, any year or part of a year of service purchased by a member pursuant to subsection 2 or 3 of NRS 286.300 or purchased on behalf of the member pursuant to subsection 4 of NRS 286.300 or as authorized by NRS 286.3005 and subsections 1 and 2 of NRS 286.3007 must not be considered in determining the number of years of service of a member unless the member has a family medical emergency. For the purposes of this paragraph, the Board shall define by regulation “family medical emergency” and set forth by regulation the circumstances in which purchased service credit may be considered in determining the number of years of service of a member who has a family medical emergency.

      2.  A police officer or firefighter:

      (a) Who has an effective date of membership before January 1, 2010, is eligible to retire at age 65 if the police officer or firefighter has at least 5 years of service, at age 55 if the police officer or firefighter has at least 10 years of service, at age 50 if the police officer or firefighter has at least 20 years of service and at any age if the police officer or firefighter has at least 25 years of service.

 


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

ê2015 Statutes of Nevada, Page 2726 (Chapter 471, SB 406)ê

 

      (b) Who has an effective date of membership on or after January 1, 2010, and before July 1, 2015, is eligible to retire at age 65 if the police officer or firefighter has at least 5 years of service, at age 60 if the police officer or firefighter has at least 10 years of service and at age 50 if the police officer or firefighter has at least 20 years of service.

      (c) Who has an effective date of membership on or after July 1, 2015, is eligible to retire at age 65 if the police officer or firefighter has at least 5 years of service, at age 60 if the police officer or firefighter has at least 10 years of service and at age 50 if the police officer or firefighter has at least 20 years of service. For the purposes of this paragraph, any year or part of a year of service purchased by a police officer or firefighter pursuant to subsection 2 or 3 of NRS 286.300 or subsection 7 of NRS 286.367 or purchased on behalf of the police officer or firefighter as authorized by NRS 286.3005 and subsections 1 and 2 of NRS 286.3007 must not be considered in determining the number of years of service of a police officer or firefighter unless the police officer or firefighter has a family medical emergency. For the purposes of this paragraph, the Board shall define by regulation “family medical emergency” and set forth by regulation the circumstances in which purchased service credit may be considered in determining the number of years of service of a police officer or firefighter who has a family medical emergency.

Ê Only service performed in a position as a police officer or firefighter, established as such by statute or regulation, service performed pursuant to subsection 3 and credit for military service, may be counted toward eligibility for retirement pursuant to this subsection.

      3.  Except as otherwise provided in subsection 4, a police officer or firefighter who has at least 5 years of service as a police officer or firefighter and is otherwise eligible to apply for disability retirement pursuant to NRS 286.620 because of an injury arising out of and in the course of the police officer’s or firefighter’s employment remains eligible for retirement pursuant to subsection 2 if:

      (a) The police officer or firefighter applies to the Board for disability retirement and the Board approves the police officer’s or firefighter’s application;

      (b) In lieu of a disability retirement allowance, the police officer or firefighter accepts another position with the public employer with which the police officer or firefighter was employed when the police officer or firefighter became disabled as soon as practicable but not later than 90 days after the Board approves the police officer’s or firefighter’s application for disability retirement;

      (c) The police officer or firefighter remains continuously employed by that public employer until the police officer or firefighter becomes eligible for retirement pursuant to subsection 2; and

      (d) After the police officer or firefighter accepts a position pursuant to paragraph (b), the police officer’s or firefighter’s contributions are paid at the rate that is actuarially determined for police officers and firefighters until the police officer or firefighter becomes eligible for retirement pursuant to subsection 2.

      4.  If a police officer or firefighter who accepted another position with the public employer with which the police officer or firefighter was employed when the police officer or firefighter became disabled pursuant to subsection 3 ceases to work for that public employer before becoming eligible to retire pursuant to subsection 2, the police officer or firefighter may begin to receive a disability retirement allowance without further approval by the Board by notifying the Board on a form prescribed by the Board.

 


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

ê2015 Statutes of Nevada, Page 2727 (Chapter 471, SB 406)ê

 

eligible to retire pursuant to subsection 2, the police officer or firefighter may begin to receive a disability retirement allowance without further approval by the Board by notifying the Board on a form prescribed by the Board.

      5.  Eligibility for retirement, as provided in this section, does not require the member to have been a participant in the System at the beginning of the police officer’s or firefighter’s credited service.

      6.  Any member who has the years of creditable service necessary to retire but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of NRS 286.537, a retirement benefit pursuant to this subsection must be reduced:

      (a) If the member has an effective date of membership before January 1, 2010, by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age.

      (b) If the member has an effective date of membership on or after January 1, 2010, by 6 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.5 percent for each additional month that the member is under the appropriate retirement age.

Ê Any option selected pursuant to this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The Board may adjust the actuarial reduction based upon an experience study of the System and recommendation by the actuary.

      Sec. 6. NRS 286.535 is hereby amended to read as follows:

      286.535  Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the System must not exceed:

      1.  For persons who first became members of the System before July 1, 1996, the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 1993.

      2.  For persons who first became members of the System on or after July 1, 1996, and before July 1, 2015, the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 1996.

      3.  For persons who first became members of the System on or after July 1, 2015, the lesser of:

      (a) The limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 2015; or

      (b) Two hundred thousand dollars. The limitation set forth in this paragraph must be adjusted by the Board every year by an amount equal to the average percentage increase in the Consumer Price Index (All Items) for the immediately preceding 3-year period.

      Sec. 7. NRS 286.551 is hereby amended to read as follows:

      286.551  Except as otherwise required as a result of NRS 286.535 or 286.537:

      1.  Except as otherwise provided in subsection 2:

      (a) For a member who has an effective date of membership before January 1, 2010, a monthly service retirement allowance must be determined by multiplying [a] the member’s average compensation by 2.5 percent for each year of service earned before July 1, 2001, and 2.67 percent for each year of service earned on or after July 1, 2001.

 


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

ê2015 Statutes of Nevada, Page 2728 (Chapter 471, SB 406)ê

 

each year of service earned before July 1, 2001, and 2.67 percent for each year of service earned on or after July 1, 2001.

      (b) For a member who is a police officer or firefighter and who has an effective date of membership on or after January 1, 2010, a monthly service retirement allowance must be determined by multiplying the member’s average compensation by 2.5 percent for each year of service earned.

      (c) For a member who is not a police officer or firefighter and who has an effective date of membership on or after January 1, 2010, and before July 1, 2015, a monthly service retirement allowance must be determined by multiplying [a] the member’s average compensation by 2.5 percent for each year of service earned.

      (d) For a member who is not a police officer or firefighter and who has an effective date of membership on or after July 1, 2015, a monthly service retirement allowance must be determined by multiplying the member’s average compensation by 2.25 percent for each year of service earned.

      2.  A member:

      (a) Who is not a police officer or firefighter and who has an effective date of membership on or after July 1, 2015, is entitled to a benefit of not more than 75 percent of the member’s average compensation with the member’s eligibility for service credit ceasing at 33 1/3 years of service.

      (b) Who is not a police officer or firefighter and who has an effective date of membership on or after July 1, 1985, and before July 1, 2015, is entitled to a benefit of not more than 75 percent of the member’s average compensation with the member’s eligibility for service credit ceasing at 30 years of service.

      [(b)](c) Who is a police officer or firefighter and who has an effective date of membership on or after July 1, 1985, is entitled to a benefit of not more than 75 percent of the member’s average compensation with the member’s eligibility for service credit ceasing at 30 years.

      (d) Who has an effective date of membership before July 1, 1985, and retires on or after July 1, 1977, is entitled to a benefit of not more than 90 percent of the member’s average compensation with the member’s eligibility for service credit ceasing at 36 years of service.

Ê In no case may the service retirement allowance determined pursuant to this section be less than the allowance to which the retired employee would have been entitled pursuant to the provisions of this section which were in effect on the day before July 3, 1991.

      3.  For the purposes of this section, except as otherwise provided in subsections 4, 5 and 6, “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

      4.  Except as otherwise provided in subsection 5, for an employee who becomes a member of the System on or after January 1, 2010, the following limits must be observed when calculating the member’s average compensation based on a 60-month period that commences 24 months immediately preceding the 36 consecutive months of highest compensation:

      (a) The compensation for the 13th through the 24th months may not exceed the actual compensation amount for the 1st through the 12th months by more than 10 percent;

      (b) The compensation for the 25th through the 36th months may not exceed by more than 10 percent the lesser of:

 


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

ê2015 Statutes of Nevada, Page 2729 (Chapter 471, SB 406)ê

 

             (1) The maximum compensation amount allowed pursuant to paragraph (a); or

             (2) The actual compensation amount for the 13th through the 24th months;

      (c) The compensation for the 37th through the 48th months may not exceed by more than 10 percent the lesser of:

             (1) The maximum compensation amount allowed pursuant to paragraph (b); or

             (2) The actual compensation amount for the 25th through the 36th months; and

      (d) The compensation for the 49th through the 60th months may not exceed by more than 10 percent the lesser of:

             (1) The maximum average compensation amount allowed pursuant to paragraph (c); or

             (2) The actual compensation amount for the 37th through the 48th months.

      5.  Compensation attributable to a promotion and assignment-related compensation must be excluded when calculating the limits pursuant to subsection 4.

      6.  The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a Legislator during a regular or special session of the Nevada Legislature must be calculated on the basis of the average of the member’s 36 consecutive months of highest compensation as certified by the member’s public employer excluding each month during any part of which the Legislature was in session. This subsection does not affect the computation of years of service.

      7.  The retirement allowance for a regular part-time employee must be computed from the salary which the employee would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who works half-time or more, but less than full-time:

      (a) According to the regular schedule established by the employer for the employee’s position; and

      (b) Pursuant to an established agreement between the employer and the employee.

      Sec. 8. NRS 286.571 is hereby amended to read as follows:

      286.571  1.  Except as otherwise provided in subsection 2, for a person who retires and who has an effective date of membership on or after January 1, 2010, and before July 1, 2015, allowances or benefits must be increased once each year on the first day of the month immediately following the anniversary of the date the person began receiving the allowance or benefit, by the lesser of:

      (a) Two percent following the 3rd anniversary of the commencement of benefits, 3 percent following the 6th anniversary of the commencement of benefits, 3.5 percent following the 9th anniversary of the commencement of benefits, 4 percent following the 12th anniversary of the commencement of benefits and each year thereafter; or

      (b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the Board.

 


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

ê2015 Statutes of Nevada, Page 2730 (Chapter 471, SB 406)ê

 

      2.  In any event, the allowance or benefit of a member must be increased by the percentages set forth in paragraph (a) of subsection 1 if the allowance or benefit of a member has not increased at a rate greater than or equal to the average of the Consumer Price Index (All Items), unless a different index is substituted by the Board, for the period between the date of the member’s retirement and the date specified in subsection 1.

      3.  The Board may use a different index for the calculation made pursuant to paragraph (b) of subsection 1 if:

      (a) The substituted index is compiled and published by the United States Department of Labor; and

      (b) The Board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.

      4.  The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.

      Sec. 9. NRS 286.5756 is hereby amended to read as follows:

      286.5756  1.  [A] Except as otherwise provided in NRS 286.571 and section 3 of this act, a person is entitled to the increase provided in this section if the person began receiving an allowance or benefit:

      (a) Before September 1, 1983, and has received the allowance or benefit for at least 6 continuous months in the 12 months preceding the effective date of the increase; or

      (b) At least 3 years before the increase.

      2.  Except as otherwise provided in subsection 3, allowances or benefits increase once each year on the first day of the month immediately following the anniversary of the date the person began receiving the allowance or benefit, by the lesser of:

      (a) Two percent following the 3rd anniversary of the commencement of benefits, 3 percent following the 6th anniversary of the commencement of benefits, 3.5 percent following the 9th anniversary of the commencement of benefits, 4 percent following the 12th anniversary of the commencement of benefits and 5 percent following the 14th anniversary of the commencement of benefits; or

      (b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the Board.

      3.  In any event, the allowance or benefit of a member must be increased by the percentages set forth in paragraph (a) of subsection 2 if the allowance or benefit of a member has not increased at a rate greater than or equal to the average of the Consumer Price Index (All Items), unless a different index is substituted by the Board, for the period between the date of the member’s retirement and the date specified in subsection 2.

      4.  The Board may use a different index for the calculation made pursuant to paragraph (b) of subsection 2 if:

      (a) The substituted index is compiled and published by the United States Department of Labor; and

      (b) The Board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.

      5.  The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.

 


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

ê2015 Statutes of Nevada, Page 2731 (Chapter 471, SB 406)ê

 

      Sec. 10. NRS 286.671 is hereby amended to read as follows:

      286.671  As used in NRS 286.671 to 286.679, inclusive [:] , and sections 4 and 4.5 of this act:

      1.  “Child” means an unmarried person under 18 years of age who is the issue or legally adopted child of a deceased member. As used in this subsection, “issue” means the progeny or biological offspring of the deceased member.

      2.  “Dependent parent” means the surviving parent of a deceased member who was dependent upon the deceased member for at least 50 percent of the surviving parent’s support for at least 6 months immediately preceding the death of the deceased member.

      3.  “Domestic partner” means a person who is in a domestic partnership that is registered pursuant to chapter 122A of NRS, and that has not been terminated pursuant to that chapter.

      4.  “Spouse” means the surviving husband or wife or domestic partner of a deceased member.

      Sec. 11. NRS 286.672 is hereby amended to read as follows:

      286.672  1.  Except as otherwise provided in subsection 3 [,] and sections 4 and 4.5 of this act, if a deceased member had 2 years of accredited contributing service in the 2 1/2 years immediately preceding the member’s death or was a regular, part-time employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding the member’s death, or if the employee had 10 or more years of accredited contributing service, certain of the deceased member’s dependents are eligible for payments as provided in NRS 286.671 to 286.679, inclusive [.] , and sections 4 and 4.5 of this act. If the death of the member resulted from a mental or physical condition which required the member to leave the employ of a participating public employer or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after the member’s termination or commencement of leave without pay.

      2.  If the death of a member occurs while the member is on leave of absence granted by the member’s employer for further training and if the member met the requirements of subsection 1 at the time the member’s leave began, certain of the deceased member’s dependents are eligible for payments as provided in subsection 1.

      3.  If the death of a member is caused by an occupational disease or an accident arising out of and in the course of the member’s employment, no prior contributing service is required to make the deceased member’s dependents eligible for payments pursuant to NRS 286.671 to 286.679, inclusive, and sections 4 and 4.5 of this act, except that this subsection does not apply to an accident occurring while the member is traveling between the member’s home and the member’s principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.

      4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to NRS 286.6767.

      Sec. 12. NRS 286.679 is hereby amended to read as follows:

      286.679  1.  If payments to a beneficiary pursuant to NRS 286.671 to 286.679, inclusive, and sections 4 and 4.5 of this act, cease before the total contributions of a deceased member have been paid in benefits, and there is no person entitled to receive such benefits pursuant to any provision of this chapter, the surplus of such contributions over the benefits actually received may be paid in a lump sum to:

 


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

ê2015 Statutes of Nevada, Page 2732 (Chapter 471, SB 406)ê

 

no person entitled to receive such benefits pursuant to any provision of this chapter, the surplus of such contributions over the benefits actually received may be paid in a lump sum to:

      (a) The beneficiary whom the deceased member designated for this purpose in writing on a form approved by the System.

      (b) If no such designation was made or the person designated is deceased, the beneficiary who previously received the payments.

      (c) If no payment may be made pursuant to paragraphs (a) and (b), the persons entitled as heirs or residuary legatees to the estate of the deceased member.

      2.  A lump-sum payment made pursuant to this section fully discharges the obligations of the System.

      Sec. 13. Chapter 1A of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 17, inclusive, of this act.

      Sec. 14. “Domestic partner” means a person who is in a domestic partnership which is registered pursuant to chapter 122A of NRS and which has not been terminated pursuant to that chapter.

      Sec. 15. For members of the Judicial Retirement Plan who have an effective date of membership on or after July 1, 2015:

      1.  A member must pay 50 percent of the total contribution rate that is actuarially determined for members of the Judicial Retirement Plan pursuant to NRS 1A.180.

      2.  The amount described in subsection 1 must be deducted from each payroll during the period of the member’s membership in the Judicial Retirement Plan and transmitted to the Board at intervals designated and upon forms prescribed by the Board. The contributions must be paid on compensation earned by a member from the member’s first day of service.

      3.  The Judicial Retirement Plan shall guarantee to each member the return of at least the total contributions which the member has made and which were credited to the member’s individual account. These contributions may be returned to the member, the member’s estate or beneficiary or a combination thereof in monthly benefits, a lump-sum refund or both. The relevant provisions of NRS 286.430 apply to a member of the Judicial Retirement Plan who withdraws his or her contributions to the Plan pursuant to this section.

      Sec. 16. 1.  The spouse of a member killed in the course of judicial service on or after July 1, 2013, is entitled to receive a monthly allowance equivalent to the greater of:

      (a) Fifty percent of the salary of the member on the date of the member’s death; or

      (b) One hundred percent of the retirement allowance that the member was eligible to receive based on the member’s years of service obtained before the member’s death without any reduction for age for the deceased member.

      2.  The benefits provided by this section must be paid to the spouse for the remainder of the spouse’s life.

      3.  The spouse may elect to receive the benefits by any one of the following only:

      (a) This section;

      (b) NRS 1A.590;

      (c) NRS 1A.600; or

      (d) NRS 1A.610.

 


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

ê2015 Statutes of Nevada, Page 2733 (Chapter 471, SB 406)ê

 

      4.  For the purposes of this section, the Board shall define by regulation “killed in the course of judicial service.”

      Sec. 16.5. 1.  Except as otherwise provided in subsection 2, the survivor beneficiary of a member of the Judicial Retirement Plan killed in the course of judicial service on or after July 1, 2013, is entitled to receive a monthly allowance equivalent to the greater of:

      (a) Fifty percent of the salary of the member on the date of the member’s death; or

      (b) One hundred percent of the retirement allowance that the member was eligible to receive based on the member’s years of service obtained before the member’s death without any reduction for age for the deceased member.

      2.  If the member had designated one or more payees in addition to the survivor beneficiary pursuant to NRS 1A.620, the monthly allowance to which a survivor beneficiary is entitled pursuant to subsection 1 must be divided between the survivor beneficiary and any additional payees in the proportion designated by the member pursuant to NRS 1A.620.

      3.  The benefits provided by this section must be paid to the survivor beneficiary for the remainder of the beneficiary’s life.

      4.  The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

      (a) This section;

      (b) NRS 1A.630;

      (c) NRS 1A.640; or

      (d) NRS 1A.650.

      5.  For the purposes of this section, the Board shall define by regulation “killed in the course of judicial service.”

      6.  As used in this section, “survivor beneficiary” means a person designated pursuant to NRS 1A.620.

      Sec. 17. 1.  Except as otherwise provided in subsections 2 and 3, a member of the System who is convicted of or pleads guilty or nolo contendere to any felony involving:

      (a) Accepting or giving, or offering to give, any bribe;

      (b) Embezzlement of public money;

      (c) Extortion or theft of public money;

      (d) Perjury; or

      (e) Conspiracy to commit any crime set forth in paragraphs (a) to (d), inclusive,

Ê and arising directly out of his or her duties in judicial service, forfeits all rights and benefits under the System.

      2.  Upon a conviction described in subsection 1, the System must return to the member, without interest, all contributions which the member has made and which were credited to the member’s individual account.

      3.  The provisions of subsections 1 and 2 apply only to persons who become members of the System on or after July 1, 2015.

      Sec. 18. NRS 1A.160 is hereby amended to read as follows:

      1A.160  1.  The Judicial Retirement Fund is hereby established as a trust fund.

      2.  It is hereby declared to be the policy of the Legislature that the Judicial Retirement Fund is established to afford a degree of security to long-time justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace and municipal judges in this State. The money in the Fund must not be used or appropriated for any purpose incompatible with the provisions of this chapter or NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive.

 


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

ê2015 Statutes of Nevada, Page 2734 (Chapter 471, SB 406)ê

 

the Fund must not be used or appropriated for any purpose incompatible with the provisions of this chapter or NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive. The Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices.

      3.  All money appropriated by the Legislature to the Judicial Retirement Fund, all money submitted to the System for deposit in the Fund pursuant to NRS 1A.180 and section 15 of this act, and all income accruing to the Fund from all other sources must be deposited in the Fund.

      4.  The interest and income earned on the money in the Judicial Retirement Fund, after deducting any applicable charges, must be credited to the Fund.

      5.  The System must pay all retirement allowances, benefits, optional settlements and other obligations or payments payable by the System pursuant to this chapter and NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, and 3.090 to 3.099, inclusive, from the Judicial Retirement Fund. The money in the Fund must be expended by the Board for the payment of expenses authorized by law to be paid from the Fund.

      Sec. 19. NRS 1A.180 is hereby amended to read as follows:

      1A.180  Except as otherwise provided in section 15 of this act:

      1.  The Court Administrator shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the Supreme Court, judge of the Court of Appeals or district judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members. Such payments must be:

      (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the Court Administrator. The compensation must be reported separately for each month that it is paid.

      2.  The State of Nevada shall make an appropriation to the Court Administrator and the Court Administrator shall pay to the System for deposit in the Judicial Retirement Fund from any fund created for the purpose of paying pension benefits to justices of the Supreme Court, judges of the Court of Appeals or district judges an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the Supreme Court, judges of the Court of Appeals and district judges for which the System will be liable.

      3.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the peace or municipal judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members. Such payments must be:

 


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

ê2015 Statutes of Nevada, Page 2735 (Chapter 471, SB 406)ê

 

      (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the county or city. The compensation must be reported separately for each month that it is paid.

      4.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shall pay to the System for deposit in the Judicial Retirement Fund an amount as the contribution of the county or city as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the peace and municipal judges for which the System will be liable.

      5.  Except as otherwise provided in this subsection, the total contribution rate that is actuarially determined for members of the Judicial Retirement Plan must be adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report. The adjusted rate must be rounded to the nearest one-quarter of 1 percent. The total contribution rate must not be adjusted pursuant to this subsection if the existing rate is within one-half of 1 percent of the actuarially determined rate.

      Sec. 20. NRS 1A.350 is hereby amended to read as follows:

      1A.350  1.  A member of the Judicial Retirement Plan :

      (a) Who has an effective date of membership before July 1, 2015, is eligible to retire at the age of 65 years if the member has at least 5 years of service, at the age of 60 years if the member has at least 10 years of service and at any age if the member has at least 30 years of service.

      (b) Who has an effective date of membership on or after July 1, 2015, is eligible to retire at the age of 65 years if the member has at least 5 years of service, at the age of 62 years if the member has at least 10 years of service, at the age of 55 years if the member has at least 30 years of service and at any age if the member has at least 33 1/3 years of service. For the purposes of this paragraph, any year or part of a year of service purchased pursuant to NRS 1A.310 by a member of the Judicial Retirement Plan who has an effective date of membership on or after July 1, 2015, must not be considered in determining the number of years of service of the member unless the member has a family medical emergency. For the purposes of this paragraph, the Board shall define by regulation “family medical emergency” and set forth by regulation the circumstances in which purchased service credit may be considered in determining the number of years of service of a member who has a family medical emergency.

      2.  Any member of the Judicial Retirement Plan who has the years of creditable service necessary to retire, but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of NRS 1A.410, a retirement benefit pursuant to this subsection must be reduced by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected pursuant to this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit.

 


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

ê2015 Statutes of Nevada, Page 2736 (Chapter 471, SB 406)ê

 

benefit. The Board may adjust the actuarial reduction based upon an experience study of the System and recommendation by the actuary.

      Sec. 21. NRS 1A.400 is hereby amended to read as follows:

      1A.400  Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the Judicial Retirement Plan must not exceed :

      1.  If the member has an effective date of membership before July 1, 2015, the limitation provided by section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17).

      2.  If the member has an effective date of membership on or after July 1, 2015, the lesser of:

      (a) The limitation provided by section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17); or

      (b) Two hundred thousand dollars. The limitation set forth in this paragraph must be adjusted by the Board every year by an amount equal to the average percentage increase in the Consumer Price Index (All Items) for the immediately preceding 3-year period.

      Sec. 22. NRS 1A.440 is hereby amended to read as follows:

      1A.440  Except as otherwise required as a result of NRS 1A.400 or 1A.410:

      1.  Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a member of the Judicial Retirement Plan’s average compensation [by] :

      (a) If the member has an effective date of membership before July 1, 2015, by 3.4091 percent for each year of service, except that a member of the Plan is entitled to a benefit of not more than 75 percent of the member’s average compensation.

      (b) If the member has an effective date of membership on or after July 1, 2015, by 3.1591 percent for each year of service, except that a member of the Plan is entitled to a benefit of not more than 75 percent of the member’s average compensation.

      2.  For the purposes of this section, “average compensation” means the average of a member of the Plan’s 36 consecutive months of highest compensation as certified by the Court Administrator if the member is a justice of the Supreme Court, a judge of the Court of Appeals or a district judge, by the county if the member is a justice of the peace or by the city if the member is a municipal judge.

      Sec. 23. NRS 1A.530 is hereby amended to read as follows:

      1A.530  As used in NRS 1A.530 to 1A.670, inclusive, and sections 14, 16 and 16.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 1A.540, 1A.550 and 1A.560 and section 14 of this act have the meanings ascribed to them in those sections.

      Sec. 24. NRS 1A.560 is hereby amended to read as follows:

      1A.560  “Spouse” means the surviving husband , [or] wife or domestic partner of a deceased member of the Judicial Retirement Plan.

      Sec. 25. Chapter 218C of NRS is hereby amended by adding thereto the provisions set forth as sections 26, 27 and 27.5 of this act.

      Sec. 26. 1.  Except as otherwise provided in subsections 2 and 3, a Legislator who is a member of the Legislators’ Retirement System who is convicted of or pleads guilty or nolo contendere to any felony involving:

      (a) Accepting or giving, or offering to give, any bribe;

      (b) Embezzlement of public money;

 


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

ê2015 Statutes of Nevada, Page 2737 (Chapter 471, SB 406)ê

 

      (c) Extortion or theft of public money;

      (d) Perjury; or

      (e) Conspiracy to commit any crime set forth in paragraphs (a) to (d), inclusive,

Ê and arising directly out of his or her duties in legislative service, forfeits all rights and benefits under the System.

      2.  Upon a conviction described in subsection 1, the Legislators’ Retirement System must return to the member, without interest, all contributions which the member has made and which were credited to the member’s individual account.

      3.  The provisions of subsections 1 and 2 apply only to Legislators who become members of the Legislators’ Retirement System on or after July 1, 2015.

      Sec. 27. 1.  The spouse of a Legislator who is a member of the Legislators’ Retirement System killed in the course of legislative service on or after July 1, 2013, is entitled to receive a monthly allowance equivalent to the greater of:

      (a) Fifty percent of the salary of the member on the date of the member’s death; or

      (b) One hundred percent of the retirement allowance that the member was eligible to receive based on the member’s years of service obtained before the member’s death without any reduction for age for the deceased member.

      2.  The benefits provided by this section must be paid to the spouse for the remainder of the spouse’s life.

      3.  The spouse may elect to receive the benefits by any one of the following only:

      (a) This section; or

      (b) NRS 218C.580.

      4.  For the purposes of this section, the Board shall define by regulation “killed in the course of legislative service.”

      5.  As used in this section:

      (a) “Domestic partner” means a person who is in a domestic partnership which is registered pursuant to chapter 122A of NRS and which has not been terminated pursuant to that chapter.

      (b) “Spouse” means the surviving husband, wife or domestic partner of a Legislator killed in the course of legislative service.

      Sec. 27.5. 1.  If a Legislator who is a member of the Legislators’ Retirement System is killed in the course of legislative service on or after July 1, 2013, and does not have at the time of his or her death a spouse, as that term is defined in section 27 of this act, the survivor of the member is entitled to receive a monthly allowance equivalent to the greater of:

      (a) Fifty percent of the salary of the member on the date of the member’s death; or

      (b) One hundred percent of the retirement allowance that the member was eligible to receive based on the member’s years of service obtained before the member’s death without any reduction for age for the deceased member.

      2.  The benefits provided by this section must be paid to the survivor for the remainder of his or her life.

      3.  The survivor may elect to receive the benefits provided by any one of the following only:

 


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

ê2015 Statutes of Nevada, Page 2738 (Chapter 471, SB 406)ê

 

      (a) This section; or

      (b) NRS 218C.580.

      4.  For the purposes of this section, the Board shall define by regulation “killed in the course of legislative service.”

      Sec. 28. NRS 218C.450 is hereby amended to read as follows:

      218C.450  1.  The minimum requirement for retirement is :

      (a) For a Legislator who has an effective date of membership before July 1, 2015, 10 years of accredited service [.] ; and

      (b) For a Legislator who has an effective date of membership on or after July 1, 2015, 10 years of service. For the purposes of this paragraph, any year or part of a year of service purchased by a Legislator pursuant to NRS 218C.370 must not be considered in determining the number of years of service of the Legislator unless the Legislator has a family medical emergency. For the purposes of this paragraph, the Board shall define by regulation “family medical emergency” and set forth by regulation the circumstances in which purchased service credit may be considered in determining the number of years of service of a Legislator who has a family medical emergency.

Ê A lapse in service as a Legislator does not operate to forfeit any retirement rights accrued before the lapse.

      2.  A Legislator who meets [this requirement] the requirements of subsection 1 may retire:

      (a) At the age of 60 years or older with a full allowance.

      (b) At any age less than 60 years with an allowance or benefit actuarially reduced to the age of 60 years. Except as otherwise required as a result of NRS 218C.340, an allowance or benefit under this paragraph must be reduced by 6 percent of the unmodified amount for each full year that the member is under the age of 60 years, and an additional 0.5 percent for each additional month that the member is under the age of 60 years. Any option selected must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified allowance or benefit. The Board may adjust the actuarial reduction based upon an experience study of the System and recommendation by the actuary.

      Sec. 29. NRS 218C.530 is hereby amended to read as follows:

      218C.530  Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the Legislators’ Retirement System must not exceed :

      1.  If the member has an effective date of membership before July 1, 2015, the limitation provided by section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17).

      2.  If the member has an effective date of membership on or after July 1, 2015, the lesser of:

      (a) The limitation provided by section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17); or

      (b) Two hundred thousand dollars. The limitation set forth in this paragraph must be adjusted by the Board every year by an amount equal to the average percentage increase in the Consumer Price Index (All Items) for the immediately preceding 3-year period.

      Sec. 29.3. NRS 218C.580 is hereby amended to read as follows:

      218C.580  1.  The provisions of NRS 286.671 to 286.679, inclusive, and sections 4 and 4.5 of this act, except NRS 286.6775, relating to benefits for survivors pursuant to the Public Employees’ Retirement System, are applicable to the dependents of a Legislator who is a member of the Legislators’ Retirement System, and the benefits for the survivors must be paid by the Board following the death of the Legislator to the persons entitled thereto from the Legislators’ Retirement Fund.

 


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

ê2015 Statutes of Nevada, Page 2739 (Chapter 471, SB 406)ê

 

applicable to the dependents of a Legislator who is a member of the Legislators’ Retirement System, and the benefits for the survivors must be paid by the Board following the death of the Legislator to the persons entitled thereto from the Legislators’ Retirement Fund.

      2.  It is declared that of the contributions required by subsections 1 and 2 of NRS 218C.390, one-half of 1 percent must be regarded as costs incurred in benefits for survivors.

      Sec. 29.6. Section 8 of chapter 346, Statutes of Nevada 2009, at page 1550, is hereby amended to read as follows:

       Sec. 8.  [1.]  This section and sections 1 to 6, inclusive, of this act become effective upon passage and approval.

       [2.  Section 7 of this act becomes effective on June 30, 2015.]

      Sec. 29.7.  1.  If, during the period beginning on July 1, 2013, and ending on June 30, 2015, a police officer or firefighter was killed in the line of duty, any other member of the Public Employees’ Retirement System was killed in the course of employment, a member of the Judicial Retirement Plan was killed in the course of judicial service or a member of the Legislators’ Retirement System was killed in the course of legislative service, the spouse, survivor beneficiary or survivor of such person may elect to receive payments provided pursuant to section 4, 4.5, 16, 16.5, 27 or 27.5 of this act, as applicable. Such an election:

      (a) Is not reversible; and

      (b) Must be made on or before the date set forth by the Public Employees’ Retirement Board. The date set forth by the Board must provide the spouse, survivor beneficiary or survivor a reasonable amount of time to make such an election.

      2.  If the spouse, surviving beneficiary or survivor makes an election pursuant to subsection 1 to receive payments provided pursuant to section 4, 4.5, 16, 16.5, 27 or 27.5 of this act, as applicable, the spouse, survivor beneficiary and any additional payee or survivor:

      (a) Is eligible to receive the payments provided pursuant to section 4, 4.5, 16, 16.5, 27 or 27.5 of this act, as applicable, beginning on July 1, 2015. Except as otherwise provided in subparagraph (1) of paragraph (b), payments pursuant to section 4, 4.5, 16, 16.5, 27 or 27.5 of this act, as applicable, must be made retroactive to July 1, 2015.

      (b) Is not eligible to:

             (1) Continue to receive the payments provided pursuant to NRS 1A.590, 1A.600, 1A.610, 1A.630, 1A.640, 1A.650, 218C.580, 286.674, 286.676, 286.6765, 286.6766, 286.67675, 286.6768, 286.67685 or 286.6769, as applicable. Any payment made pursuant to such provisions on or after July 1, 2015, must be credited against the amount of retroactive payment that the spouse, survivor beneficiary, additional payee or survivor receives pursuant to paragraph (a).

             (2) Receive retroactive payment of the benefits provided pursuant to section 4, 4.5, 16, 16.5, 27 or 27.5 of this act, as applicable, for the period beginning on the date of the death of the police officer, firefighter or other member and ending on June 30, 2015.

      3.  Immediately upon the effective date of this section, the Public Employees’ Retirement Board shall send notice of the provisions of this section by certified mail to the spouse, survivor beneficiary or survivor of each police officer or firefighter killed in the line of duty, any other member of the Public Employees’ Retirement System killed in the course of employment, a member of the Judicial Retirement Plan killed in the course of judicial service or a member of the Legislators’ Retirement System killed in the course of legislative service during the period beginning on July 1, 2013, and ending on June 30, 2015.

 


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

ê2015 Statutes of Nevada, Page 2740 (Chapter 471, SB 406)ê

 

employment, a member of the Judicial Retirement Plan killed in the course of judicial service or a member of the Legislators’ Retirement System killed in the course of legislative service during the period beginning on July 1, 2013, and ending on June 30, 2015.

      4.  For purposes of this section, the Public Employees’ Retirement Board shall define by regulation “killed in the line of duty,” “killed in the course of employment,” “killed in the course of judicial service” and “killed in the course of legislative service.”

      Sec. 29.8.  Section 7 of chapter 346, Statutes of Nevada 2009, at page 1550, is hereby repealed.

      Sec. 30.  1.  This section and sections 29.6, 29.7 and 29.8 of this act become effective upon passage and approval.

      2.  Sections 4, 4.5, 16, 16.5, 27 and 27.5 of this act become effective:

      (a) Upon passage and approval for purposes of adopting regulations and performing any other preparatory administrative tasks; and

      (b) On July 1, 2015, for all other purposes.

      3.  Sections 1, 2, 3, 5 to 15, inclusive, 17 to 26, inclusive, 28, 29 and 29.3 of this act become effective on July 1, 2015.

________

CHAPTER 472, AB 489

Assembly Bill No. 489–Committee on Ways and Means

 

CHAPTER 472

 

[Approved: June 9, 2015]

 

AN ACT relating to public employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The following state officers, employees, and medical and related positions in the unclassified service of the State of Nevada are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      1.  State Office of Energy:

             Director, Office of Energy............................................................. $106,904

             Deputy Director, Office of Energy................................................... 81,584

      2.  High Level Nuclear Waste:

             Executive Director, Nuclear Projects Office.............................. $115,285

             Executive Assistant............................................................................ 56,265

 


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

ê2015 Statutes of Nevada, Page 2741 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Technical Division Administrator................................................ $104,946

             Planner/Researcher............................................................................. 83,197

      3.  Office of the Governor:

             Director, Governor’s Finance Office........................................... $127,721

             Deputy Director, Governor’s Finance Office .............................. 117,030

             Chief Assistant Budget Administrator............................................ 88,952

             Executive Assistant ........................................................................... 56,265

             Division Administrator, Internal Audits........................................ 107,465

             Manager, Internal Controls............................................................... 91,399

      4.  Office of the Lieutenant Governor:

             Chief of Staff.................................................................................... $74,367

             Assistant to the Lieutenant Governor (each)................................. 70,826

             Administrative Secretary................................................................... 47,807

      5.  Office of the Secretary of State:

             Chief Deputy................................................................................... $117,030

             Deputy Secretary of State, Commercial Recordings.................... 97,901

             Deputy Secretary of State, Southern Nevada............................... 97,901

             Deputy Secretary of State, Elections............................................ 107,465

             Deputy Secretary of State, Operations........................................... 97,901

             Securities Administrator….............................................................. 102,242

             Chief, Enforcement............................................................................ 97,590

             Executive Assistant............................................................................ 56,265

             Public Information Officer................................................................ 70,894

             Business Portal Administrator.......................................................... 97,901

      6.  Office of the State Treasurer:

             Chief Deputy State Treasurer...................................................... $117,030

             Senior Deputy State Treasurer (each)........................................... 107,465

             Chief of Staff.................................................................................... 117,030

             Deputy State Treasurer, Debt Service............................................. 97,901

             Deputy State Treasurer, Investments........................................... 117,030

             Deputy State Treasurer, Cash Management................................. 97,901

             Executive Director, Millennium Scholarship.................................. 97,901

             Executive Assistant............................................................................ 56,265

             Deputy State Treasurer, Unclaimed Property................................ 97,901

      7.  Office of Controller:

             Chief Deputy Controller................................................................ $107,465

             Assistant Controller............................................................................ 87,773

            Executive Assistant............................................................................ 56,265

      8.  Office of the Attorney General:

      (a) Attorney General’s Office:

                   Assistant Attorney General.................................................... $140,662

                   Attorney General Counsel for Prosecuting Attorneys......... 107,465

                   Ombudsman for Victims of Domestic Violence..................... 59,634

                   Bureau Chief (each).................................................................. 127,721

                   Chief Deputy Attorney General (each).................................. 118,156

                   Chief of Staff............................................................................. 140,662

                   General Counsel......................................................................... 132,600

                   Solicitor General......................................................................... 132,600

                   Special Counsel (each).............................................................. 132,600

                   Special Assistant Attorney General, Military........................ 107,465

 


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

ê2015 Statutes of Nevada, Page 2742 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

                   Special Assistant Attorney General, Neighborhood.......... $107,465

                   Senior Deputy Attorney General (each)................................. 106,904

                   Deputy Attorney General (each)............................................... 95,650

                   Public Information Officer......................................................... 70,894

                   Chief Investigator........................................................................ 87,773

                   Investigator (each)....................................................................... 65,951

                   Chief Personnel Manager........................................................... 87,773

                   Information Technology Chief................................................. 95,650

                   Financial Analyst......................................................................... 81,584

                   Executive Assistant...................................................................... 56,265

                   Chief Financial Officer............................................................. 102,242

                   Legal Researcher (each).............................................................. 56,265

                   Supervising Legal Researcher (each)........................................ 59,078

                   Construction Law Counsel....................................................... 132,600

                   Program Specialist, Technological Crimes............................... 56,265

      (b) Bureau of Consumer Protection:

                   Senior Economist..................................................................... $102,260

                   Senior Engineer............................................................................. 91,320

                   Supervising Legal Researcher.................................................... 59,078

                   Legal Researcher.......................................................................... 56,265

                   Senior Regulatory Analyst.......................................................... 85,337

                   Chief Deputy Attorney General (each).................................. 118,156

                   Regulatory Manager.................................................................... 91,399

                   Technical Staff Manager............................................................ 91,399

                   Deputy Attorney General............................................................ 95,650

                   Engineer......................................................................................... 82,339

                   Administrative Services Officer................................................. 74,091

                   Senior Deputy Attorney General (each)................................. 106,904

      9.  Commission on Ethics:

             Executive Director............................................................................ $97,901

             Counsel, Ethics Commission (each)................................................ 95,650

             Executive Assistant............................................................................ 56,265

             Investigator.......................................................................................... 65,951

             Senior Legal Researcher.................................................................... 54,332

      10.  Supreme Court:

             Supervisory Staff Attorney (each).............................................. $106,904

             Reporter of Judicial Decisions........................................................ 118,156

             Legal Counsel, Criminal.................................................................. 129,409

             Legal Counsel, Civil......................................................................... 129,409

             Chief Assistant Clerk....................................................................... 118,156

             Chief Clerk......................................................................................... 140,662

             Chief Deputy Clerk............................................................................. 72,581

             Court Administrator......................................................................... 123,783

             Deputy Court Administrator (each).............................................. 106,904

             Staff Attorney (each)......................................................................... 95,650

             Law Librarian.................................................................................... 101,276

             Senior Law Clerk (each).................................................................... 62,186

      11.  Commission on Judicial Discipline:

             General Counsel............................................................................. $140,662

 


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

ê2015 Statutes of Nevada, Page 2743 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      12.  Department of Administration:

             Director............................................................................................. $127,721

             Deputy Director................................................................................. 117,030

             Executive Assistant............................................................................ 56,265

             Public Information Officer................................................................ 56,265

             Information Systems Specialist....................................................... 59,221

             Senior Appeals Officer..................................................................... 118,156

             Appeals Officer, Hearings (each)................................................... 106,904

             Hearing Officer (each)....................................................................... 70,894

             Division Administrator, Fleet Services Division............................. 81,584

             Division Administrator, Administrative Services........................... 97,901

             Division Administrator, Risk Management.................................... 87,773

             Division Administrator, Purchasing................................................. 97,901

             Administrator, Public Works Division........................................... 123,783

             Deputy Administrator, Professional Services, Public Works Division 117,030

             Deputy Administrator, Code Compliance and Enforcement, Public Works Division    117,030

             Deputy Administrator, Buildings and Grounds, Public Works Division 107,465

             Public Works Division, Project Manager III (each).................... 106,904

             Public Works Division, Project Manager II (each)........................ 97,901

             Chief, Office of Grants Procurement.............................................. 81,139

             Executive Grants Analyst (each)..................................................... 61,951

             Senior Executive Grants Analyst..................................................... 74,082

             Division Administrator, Human Resource Management.......... 107,465

             Division Deputy Administrator, Human Resource Management (each)       87,773

             Administrator, Equal Employment Opportunity.......................... 81,584

             Division Administrator, State Library, Archives and Public Records 97,901

             Division Administrator, Enterprise Information Technology Services 117,030

             Deputy Administrator, Enterprise Information Technology Services 107,465

             Chief Assistant, Planning................................................................... 81,567

             Chief, Planning, Research and Grant Management..................... 88,952

             Special Advisor, Enterprise Information Technology Services.. 97,901

      13.  Deferred Compensation:

             Deferred Compensation Executive Officer................................. $97,901

      14.  Department of Taxation:

             Director............................................................................................. $127,721

             Chief Deputy Director, Taxation................................................... 117,030

             Deputy Director (each).................................................................... 107,465

             Executive Assistant............................................................................ 56,265

             Administrative Law Judge (licensed attorney)............................ 106,904

             Chief Administrative Law Judge (licensed attorney)................. 118,156

             State Demographer, Taxation.......................................................... 95,650

 


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

ê2015 Statutes of Nevada, Page 2744 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      15.  Department of Education:

             Superintendent of Public Instruction.......................................... $127,721

             Director, Safe and Respectful Learning Office............................. 87,773

             Deputy Superintendent of Instructional, Research and Evaluative Services (each)      107,465

             Deputy Superintendent for Administrative and Fiscal Services 107,465

             Executive Assistant............................................................................ 56,265

      16.  State Public Charter School Authority:

             Director, State Public Charter School Authority......................... $97,901

             Deputy Director, State Public Charter School Authority............. 87,773

      17.  Western Interstate Commission for Higher Education:

             Director............................................................................................... $72,198

      18.  Department of Employment, Training and Rehabilitation:

             Director, Employment, Training and Rehabilitation............... $127,721

             Chief, Disability Employment Policy.............................................. 81,584

             Division Administrator, Rehabilitation......................................... 107,465

             Chief Auditor....................................................................................... 90,023

             Deputy Director................................................................................. 117,030

             Executive Assistant............................................................................ 56,265

             Division Administrator, Employment Security........................... 117,030

             Division Administrator, Equal Rights Commission...................... 87,773

             Division Administrator, Information Development and Processing 107,465

             Hearing Officer (each)....................................................................... 70,894

             Senior Attorney................................................................................. 106,904

             Assistant to the Director..................................................................... 88,949

      19.  Department of Health and Human Services:

             Director............................................................................................. $127,721

             Deputy Director, Programs.............................................................. 107,465

             Deputy Director, Fiscal Services..................................................... 107,465

             Deputy Director, Administrative Services....................................... 97,901

             Governor’s Consumer Health Advocate........................................ 97,901

             Ombudsman for Consumer Health Assistance (each)................ 78,070

             Executive Assistant (each)................................................................ 56,265

             Division Administrator, Health Care Financing and Policy...... 117,030

             Deputy Division Administrator, Health Care Financing and Policy 107,465

             Deputy Division Administrator, Public and Behavioral Health (each) 107,465

             Chief Biostatistician........................................................................... 97,901

             State Epidemiologist........................................................................... 97,901

             State Dental Health Officer............................................................ 155,624

             State Public Health Dental Hygienist.............................................. 97,901

             Medical Epidemiologist................................................................... 155,624

             Agency Manager (each).................................................................. 106,904

             Hospital Administrator.................................................................... 106,904

             Statewide Suicide Prevention Coordinator..................................... 70,894

 


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

ê2015 Statutes of Nevada, Page 2745 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Statewide Suicide Prevention Trainer/Networking Facilitator (each) $67,518

             Statewide Psychiatric Medical Director........................................ 207,000

             Medical Program Coordinator, Mental Health Program........... 189,601

             Chief Medical Officer...................................................................... 215,809

             Division Administrator, Public and Behavioral Health............. 123,783

             Division Administrator, Welfare and Supportive Services........ 117,030

             Division Administrator, Child and Family Services.................... 117,030

             Deputy Division Administrator, Child and Family Services (each) 107,465

             Deputy Division Administrator, Welfare and Supportive Services (each)     107,465

             Superintendent, Nevada Youth Training Center........................... 97,901

             Superintendent, Caliente Youth Center.......................................... 97,901

             Superintendent, Summit View Youth Correctional Center....... 102,796

             Bureau Chief, Youth Parole Bureau............................................... 97,901

             Division Administrator, Aging and Disability Services............... 117,030

             Deputy Division Administrator, Aging and Disability Services (each) 107,465

             Chief, Elder Rights.............................................................................. 87,773

      20.  Silver State Health Insurance Exchange:

             Executive Director, Silver State Health Exchange................... $117,030

             Operations Manager, Silver State Health Exchange.................. 105,216

             Grants and Projects Analyst............................................................. 55,894

             Executive Assistant............................................................................ 56,265

             Finance and Research Officer.......................................................... 81,142

             Information Technology Analyst.................................................... 66,366

             Administrative Assistant (each)....................................................... 47,606

             Communications Officer................................................................... 74,075

             Information Systems Manager........................................................ 93,178

             Benefit Manager................................................................................. 60,713

             Quality Assurance Officer................................................................. 83,221

             Training Specialist............................................................................... 63,046

      21.  Office of the State Public Defender:

             State Public Defender.................................................................... $118,156

             Supervising Public Defender (office)............................................. 106,904

             Supervising Public Defender (trial) (each).................................... 106,904

             Supervising Public Defender (appeals)......................................... 106,904

             Deputy Public Defender (each)........................................................ 95,650

             Deputy Public Defender, Appellate................................................. 95,650

             Investigator (each).............................................................................. 65,951

      22.  Department of Business and Industry:

             Director............................................................................................. $127,721

             Deputy Director, Administration...................................................... 97,901

             Deputy Director, Programs.............................................................. 107,465

             Executive Assistant............................................................................ 56,265

             Administrative Law Judge.............................................................. 106,904

             Division Administrator, Financial Institutions............................... 97,901

             Deputy Division Administrator, Financial Institutions................. 81,584

             Certified Public Accountant, Financial Institutions...................... 67,704

 


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

ê2015 Statutes of Nevada, Page 2746 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Division Administrator, Manufactured Housing........................ $87,773

             Division Administrator, Real Estate................................................ 97,901

             Deputy Division Administrator, Real Estate.................................. 81,584

             Ombudsman, Real Estate................................................................. 70,894

             Division Administrator, Housing...................................................... 97,901

             Deputy Division Administrator, Housing........................................ 81,584

             Chief Assistant, Housing................................................................... 67,518

             Chief Financial Officer, Housing..................................................... 95,650

             Division Administrator, Insurance................................................. 117,030

             Deputy Division Administrator, Insurance (each)........................ 97,901

             Deputy Division Administrator, Insurance, Captive Insurers..... 95,650

             Lead Actuary, Insurance (each).................................................... 126,081

             Lead Insurance Counsel/Hearing Officer.................................... 106,904

             Insurance Counsel/Hearing Officer (each).................................... 97,901

             Division Administrator, Taxicab Authority................................. 114,249

             Deputy Administrator, Taxicab Authority..................................... 87,773

             Attorney, Taxicab Authority............................................................ 95,650

             Division Administrator, Transportation Authority..................... 114,249

             Chief Transportation Inspector........................................................ 93,187

             Commissioner, Transportation Authority (each)........................ 107,127

             Financial Analyst (each).................................................................... 81,680

             Manager, Transportation.................................................................. 95,650

             Deputy Division Administrator, Transportation Authority......... 88,498

             Attorney, Transportation Authority................................................ 95,650

             Division Administrator, Mortgage Lending.................................... 97,901

             Deputy Division Administrator, Mortgage Lending...................... 81,584

             Certified Public Accountant, Mortgage Lending........................... 67,704

             Division Administrator, Industrial Relations............................... 107,465

             Deputy Division Administrator, Industrial Relations (each)....... 87,773

             Attorney, Industrial Relations (each).............................................. 95,650

             Senior Attorney, Industrial Relations............................................ 106,904

             Chief Investigator............................................................................... 81,584

             Deputy Division Administrator, Mechanical Unit......................... 81,584

             Deputy Division Administrator, Safety Consultation.................. 81,584

             Deputy Division Administrator, Mine Safety................................ 81,584

             Division Administrator, Attorney for Injured Workers.............. 118,156

             Deputy Attorney for Injured Workers (each)................................ 95,650

             Senior Deputy Attorney for Injured Workers (each).................. 106,904

             Division Administrator, Employee-Management Relations Board 87,773

             Executive Assistant, Employee-Management Relations Board 56,265

             Division Administrator, Office of Labor Commissioner.............. 97,901

             Deputy Division Administrator, Office of Labor Commissioner 81,584

             Chief Assistant, Office of Labor Commissioner........................... 52,504

             Division Administrator, Athletic Commission............................... 97,901

             Ombudsman of Consumer Affairs for Minorities........................ 74,367

 


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

ê2015 Statutes of Nevada, Page 2747 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      23.  State Department of Agriculture:

             Director, Agriculture....................................................................... $117,030

             Executive Assistant............................................................................ 56,265

             Deputy Director, Agriculture........................................................... 107,465

             State Veterinarian............................................................................. 109,680

             Division Administrator, Food and Nutrition................................... 97,901

             Deputy Division Administrator, Food and Nutrition.................... 87,773

             Division Administrator, Animal Industry....................................... 87,773

             Veterinary Diagnostician................................................................... 89,884

             Supervisor, Animal Disease Laboratory......................................... 97,013

             Division Administrator, Consumer Equitability............................ 97,901

             Division Administrator, Plant Industry........................................... 97,901

             Deputy Division Administrator, Plant Industry............................. 87,773

             Fiscal Administrator........................................................................... 87,773

      24.  Commission on Mineral Resources:

             Administrator, Minerals................................................................ $104,957

             Deputy Administrator, Minerals....................................................... 83,964

             Chief for Dangerous Mines............................................................... 68,112

             Chief for Mine Regulation................................................................ 75,518

             Field Specialist, Minerals (each)....................................................... 58,221

             Program Manager, Oil, Gas and Geothermal................................. 96,642

      25.  Department of Tourism and Cultural Affairs:

             Director, Tourism and Cultural Affairs...................................... $117,030

             Chief Deputy, Administration.......................................................... 97,901

             Executive Assistant............................................................................ 56,265

             Public Information Officer................................................................ 79,975

             Deputy Director, Sales and Industry Partners................................ 77,600

             Deputy Director, Marketing and Advertising................................. 77,600

             Development Specialist II, Tourism (each).................................... 77,600

             Development Specialist, Tourism (each)........................................ 72,860

             Project Analyst II (each)................................................................... 65,172

             Project Analyst.................................................................................... 55,894

             Development Specialist, Nevada Magazine (each)...................... 64,543

             Editor Publisher, Nevada Magazine................................................ 88,165

             Managing Editor, Publications......................................................... 67,772

             Production Manager........................................................................... 54,630

             Art Director (each).............................................................................. 57,723

             Advertising Sales Representative..................................................... 59,212

             Operations and Finance Manager................................................... 84,870

             Public Relations Specialist................................................................. 72,861

             Division Administrator, Museums and History............................. 97,901

             Executive Director, Nevada Indian Commission......................... 70,894

      26.  State Gaming Control Board:

             Chair, Gaming Control Board...................................................... $149,729

             Member, Gaming Control Board (each)...................................... 139,222

             Executive Assistant............................................................................ 59,022

             Chief, Investigation.......................................................................... 106,875

             Chief, Enforcement.......................................................................... 106,875

             Chief, Audit....................................................................................... 106,875

             Chief, Tax and License................................................................... 106,875

 


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

ê2015 Statutes of Nevada, Page 2748 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Chief, Administration.................................................................... $106,875

             Chief Deputy, Administration.......................................................... 97,159

             Executive Secretary, Gaming Control Board................................ 97,159

             Manager, Electronics Lab............................................................... 104,371

             Chief, Technology............................................................................ 114,161

             Senior Lab Engineer (each)............................................................... 99,400

             Electronic Lab Engineer (each)........................................................ 94,667

             Coordinator, Applicant Services...................................................... 94,511

             Chief Deputy, Enforcement (each)................................................. 97,159

             Information Service Manager.......................................................... 99,400

             Senior Network Specialist.................................................................. 85,269

             Network Specialist II (each).............................................................. 78,576

             Network Specialist I (each)............................................................... 71,163

             Data Management Analyst.............................................................. 84,089

             System Manager................................................................................. 93,558

             Programming Manager...................................................................... 93,558

             Programming Supervisor................................................................... 88,126

             Chief Deputy, Audit (each)............................................................... 97,159

             Chief Deputy, Investigations (each)................................................ 97,159

             Chief Deputy, Tax and License....................................................... 97,159

             Hearings Officer (each)...................................................................... 93,592

             Administrative Coordinator.............................................................. 84,089

             Financial Officer................................................................................. 84,089

             Supervisor, Investigations (each)..................................................... 88,326

             Supervisor, Enforcement (each)....................................................... 88,326

             Supervisor, Audit (each).................................................................... 88,326

             Supervisor, Tax and License (each)................................................ 88,326

             Supervisor (each)................................................................................ 88,326

             Human Resources Manager............................................................. 94,511

             Senior Agent, Technology (each)..................................................... 76,474

             Senior Agent, Investigations (each)................................................. 76,474

             Senior Agent, Audit (each)................................................................ 76,474

             Senior Agent, Tax and License (each)............................................ 76,474

            Senior Research Specialist (each).................................................... 93,558

             Senior Agent, Enforcement (each)................................................... 76,474

             Agent, Audit (each)............................................................................. 69,523

             Agent, Investigations (each)............................................................. 69,523

             Agent, Enforcement (each)............................................................... 69,523

             Agent, Tax and License (each)......................................................... 69,523

             Electronics Technician (each)........................................................... 61,953

             Senior Program Analyst (each)......................................................... 79,220

             Special Agent (each)........................................................................... 80,297

             Special Agent, Audit (each)............................................................... 80,297

      27.  Public Utilities Commission of Nevada:

             Executive Director.......................................................................... $117,030

             Chair................................................................................................... 123,783

             Public Utilities Commissioner (each)............................................. 117,030

             Executive Assistant (each)................................................................ 56,265

             Senior Financial Analyst ................................................................... 85,764

             Financial Analyst (each).................................................................... 81,680

 


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

ê2015 Statutes of Nevada, Page 2749 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Chief Attorney (each).................................................................... $118,156

             Senior Attorney (each)..................................................................... 106,904

             Supervisor, Consumer Complaint Resolution............................... 81,584

             Manager, Safety and Quality Assurance....................................... 97,901

             Manager, Systems Operation........................................................... 87,773

             Public Education and Statistical Analysis Officer (each)............ 67,518

             Administrative Attorney (each)........................................................ 70,894

             Manager, Resource and Market Analysis...................................... 97,901

            Engineer, Water................................................................................... 93,187

             Engineer, Electric (each).................................................................... 91,320

             Senior Gas Pipeline Engineer............................................................. 93,187

             Engineer, Gas Pipeline (each)............................................................ 84,981

             Senior Engineering Analyst............................................................... 84,981

             Manager, Policy Analysis.................................................................. 97,901

             Director, Regulatory Operations.................................................... 117,030

             Manager, Consumer Complaint Resolution.................................. 97,901

             Senior Analyst..................................................................................... 73,194

             Rural Consumer Representative...................................................... 66,039

             Manager, Tariffs and Compliance.................................................. 97,901

             Commission Secretary....................................................................... 97,901

             Assistant Commission Secretary...................................................... 87,773

             Senior Regulatory Economist........................................................... 92,050

             Regulatory Economist (each)........................................................... 87,667

             Commission Policy Advisory (each)............................................... 93,187

             Senior Utility Analyst (each)............................................................. 73,194

             Resource Planning Engineer.............................................................. 84,981

             Legal Case Manager.......................................................................... 70,894

      28.  Department of Motor Vehicles:

             Director............................................................................................. $127,721

             Deputy Director, Motor Vehicles................................................... 123,783

             Executive Assistant............................................................................ 56,265

             Division Administrator, DMV Motor Carrier................................. 97,901

             Deputy Administrator, DMV Motor Carrier................................... 87,773

             Division Administrator, DMV Management Services.................. 97,901

             Division Administrator, DMV Automation.................................. 107,465

            Division Administrator, DMV Field Services............................... 107,465

             Deputy Administrator, DMV Field Services................................... 97,901

             Division Administrator, DMV Compliance Enforcement......... 107,465

             Deputy Administrator, Compliance Enforcement (each)........... 97,901

             Division Administrator, DMV Central Services............................. 97,901

             Division Administrator, DMV Administrative Services................ 97,901

             Chief Administrative Law Judge, DMV (licensed attorney)..... 118,156

             Chief Administrative Law Judge, DMV (other than licensed attorney) 106,904

             DMV Administrative Law Judge (licensed attorney) (each)..... 106,904

             DMV Administrative Law Judge (other than licensed attorney) (each) 95,650

 


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

ê2015 Statutes of Nevada, Page 2750 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      29.  Department of Public Safety:

             Director............................................................................................. $127,721

             Deputy Director, Public Safety....................................................... 123,783

             Executive Assistant............................................................................ 56,265

             Division Administrator, Parole and Probation............................. 123,783

             Chair, State Board of Parole Commissioners.............................. 107,465

             Parole Board Member (each)........................................................... 87,773

             Executive Assistant, Parole Board................................................... 56,265

             Division Administrator, General Services..................................... 112,276

             Division Administrator, State Fire Marshal.................................. 107,465

             Division Administrator, Capitol Police............................................ 97,901

             Division Administrator, Investigations......................................... 117,030

             Division Administrator, Highway Safety Planning and Administration 81,584

             Chief, Nevada Highway Patrol...................................................... 123,783

             Lieutenant Colonel, Nevada Highway Patrol............................. 123,783

             Division Administrator, Homeland Security................................ 117,030

             Analyst Supervisor / NAIC Manager.............................................. 74,093

      30.  Department of Corrections:

             Director............................................................................................. $127,721

             Executive Assistant............................................................................ 56,265

             Medical Director............................................................................... 191,379

             Deputy Director, Operations, Northern Region........................... 117,030

             Deputy Director, Industrial Programs........................................... 117,030

             Deputy Director, Operations, Southern Region........................... 117,030

             Deputy Director, Support Services................................................. 117,030

             Division Administrator, EEO and Training..................................... 87,773

      31.  Peace Officers’ Standards and Training Commission:

             Director............................................................................................... $97,901

             Deputy Director................................................................................... 87,773

             Executive Assistant............................................................................ 56,265

             Bureau Chief (each)........................................................................... 77,272

             Training Specialist (each).................................................................. 70,533

      32.  State Department of Conservation and Natural Resources:

             Director............................................................................................. $127,721

             Deputy Director (each).................................................................... 107,465

             Executive Assistant............................................................................ 56,265

             Division Administrator, Environmental Protection.................... 123,783

             Division Administrator, Water Resources.................................... 123,783

             Division Administrator, Forestry.................................................... 107,465

             Division Administrator, State Parks.............................................. 107,465

             Division Administrator, State Lands............................................... 97,901

             District Supervisor, Water Commissioner, Water Resources....... 70,894

             Administrator, Natural Heritage....................................................... 81,584

             Administrator, Historic Preservation............................................... 97,901

      33.  Department of Wildlife:

             Director............................................................................................. $117,030

             Deputy Director (each).................................................................... 107,465

             Executive Assistant............................................................................ 56,265

             Chief Game Warden.......................................................................... 97,901

 


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

ê2015 Statutes of Nevada, Page 2751 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Division Administrator, Conservation Education....................... $87,773

             Division Administrator, Fisheries Management............................ 87,773

             Division Administrator, Game Management................................. 87,773

             Division Administrator, Habitat....................................................... 87,773

            Division Administrator, Wildlife Administration........................... 87,773

             Division Administrator, Wildlife Diversity...................................... 87,773

      34.  Department of Transportation:

             Director............................................................................................. $127,721

             Deputy Director (each).................................................................... 124,908

             Executive Assistant............................................................................ 56,265

             Assistant Director, Administrative Services................................. 107,465

             Assistant Director, Planning and Program Development.......... 107,465

             Assistant Director, Engineering....................................................... 123,783

             Assistant Director, Operations........................................................ 123,783

             Hearings Officer.................................................................................. 70,894

             Communications Director................................................................. 87,773

             Administrator of External Civil Rights............................................ 97,901

      35.  Colorado River Commission of Nevada:

             Director............................................................................................. $131,826

             Deputy Director................................................................................. 125,340

             Energy Services Manager................................................................ 125,340

             Division Head, Water....................................................................... 119,445

             Administrative Services Officer..................................................... 119,445

             Office Manager................................................................................... 65,654

             Senior Energy Accountant (each).................................................... 89,528

             Natural Resource Specialist (each)................................................ 103,853

             Environmental Program Manager................................................. 107,434

            Network Administrator (each).......................................................... 77,591

             Power Supply Manager................................................................... 110,188

             Assistant Director Engineering and Operations........................... 119,372

             Assistant Director Energy Information Systems......................... 107,434

             Power Facilities Manager................................................................ 107,434

             Power Facilities Communication Technician (each).................... 83,560

             Senior Power Facilities Electrician (each)....................................... 83,560

             Senior Power Facilities Engineer..................................................... 103,302

             Power Facilities Electrician................................................................ 77,591

             Hydropower Program Manager..................................................... 113,404

             Assistant Hydropower Program Manager.................................... 101,466

             Manager, Power Planner................................................................. 106,904

             Power Supply Planner...................................................................... 107,465

             Assistant Power Supply Planner....................................................... 93,186

             Manager, Power Accounting.......................................................... 106,904

             Energy Accountant (each)................................................................ 78,771

      36.  Public Employees’ Benefits Program:

             Executive Officer........................................................................... $123,783

             Executive Assistant............................................................................ 56,265

             Quality Control Officer...................................................................... 95,650

             Operations Officer............................................................................ 105,216

             Chief Financial Officer...................................................................... 95,650

 


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

ê2015 Statutes of Nevada, Page 2752 (Chapter 472, AB 489)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Chief Information Officer.............................................................. $95,650

             Financial Analyst................................................................................ 80,459

      37.  Department of Veterans Services:

             Director, Veterans Services............................................................. $95,650

             Deputy Director, Veterans Services (each)..................................... 81,584

             Administrator, Veterans Home...................................................... 107,465

      38.  Office of the Military:

             Adjutant General............................................................................ $117,030

      39.  Medical and Related Positions:

             Senior Physician (Range C) (each).............................................. $155,624

             Senior Psychiatrist (Range C) (each)............................................. 176,902

             Senior Institutional Dentist (Range B) (each).............................. 138,455

             Pharmacist 3 (each)......................................................................... 120,470

             Pharmacist 2...................................................................................... 109,518

             Pharmacist 1 (each)............................................................................ 99,563

Ê A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc.

      Sec. 2.  1.  If any unclassified position is omitted from this act for Fiscal Year 2015-2016 or Fiscal Year 2016-2017, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.

      2.  If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 78th Session of the Nevada Legislature.

      3.  An employee occupying a position that is currently in the classified service that is moved into the unclassified service pursuant to this act has the option to remain in the classified service at his or her current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.

      4.  Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.

      5.  If the salary for a position that is currently in the classified service or nonclassified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act.

      6.  If the salary for an employee occupying a position in the unclassified service on June 30, 2015, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2015.

 


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

ê2015 Statutes of Nevada, Page 2753 (Chapter 472, AB 489)ê

 

as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2015. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act.

      Sec. 3.  The approximate maximum salaries as set forth in section 1 of this act must be increased by 1 percent effective on July 1, 2015, and 2 percent effective on July 1, 2016.

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Branch of Government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:

For the Fiscal Year 2015-2016................................................. $1,054,304

For the Fiscal Year 2016-2017................................................. $3,176,910

      2.  There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency, which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:

For the Fiscal Year 2015-2016....................................................... $41,018

For the Fiscal Year 2016-2017.................................................... $123,802

      3.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse from the appropriate fund to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equal the amount of money required to pay the salaries of the unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 5.  1.  Except as otherwise provided in this act, to effect increases in salaries of approximately 1 percent, effective on July 1, 2015, and 2 percent effective on July 1, 2016, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2015, and ending on June 30, 2016, the sum of $3,216,448 and for the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, the sum of $9,968,836, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 78th Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, including the Judicial Branch of Government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2015.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.

 


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

ê2015 Statutes of Nevada, Page 2754 (Chapter 472, AB 489)ê

 

money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 78th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 6.  1.  To effect increases in salaries of approximately 1 percent effective on July 1, 2015, and 2 percent effective on July 1, 2016, there is hereby appropriated from the State Highway Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2015, and ending on June 30, 2016, the sum of $850,707 and for the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, the sum of $2,604,111, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 78th Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2015.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 78th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 7.  1.  To effect increases in salaries of approximately 1 percent effective on July 1, 2015, and 2 percent effective on July 1, 2016, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2015, and ending on June 30, 2016, the sum of $1,472,320 and for the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, the sum of $4,506,683 for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 78th Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2015.

      2.  To effect increases in salaries of approximately 1 percent effective on July 1, 2015, and 2 percent effective on July 1, 2016, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2015, and ending on June 30, 2016, the sum of $3,289,368 and for the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, the sum of $9,916,445, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 78th Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 78th Session of the Nevada Legislature, to become effective on July 1, 2015.

 


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

ê2015 Statutes of Nevada, Page 2755 (Chapter 472, AB 489)ê

 

appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2015, and ending on June 30, 2016, the sum of $3,289,368 and for the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, the sum of $9,916,445, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 78th Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 78th Session of the Nevada Legislature, to become effective on July 1, 2015.

      3.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Nevada System of Higher Education out of the money appropriated by this section, such sums of money as may from time to time be required, which when added to the money otherwise appropriated are limits and equal the amount of money available to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 78th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 8.  To effect increases in salaries of approximately 1 percent, effective on July 1, 2015, and 2 percent effective on July 1, 2016, there is hereby appropriated from the State General Fund to the Legislative Fund for the fiscal year beginning on July 1, 2015, and ending on June 30, 2016, the sum of $195,157 and for the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, the sum of $593,759, for the purpose of meeting any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 78th Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau necessary under an adjusted pay plan to become effective on July 1, 2015.

      Sec. 9.  The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees, who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint and completing rounds during weekends. On-call responsibilities for Pharmacists include, without limitation, consultation with medical personnel and first dosage reviews.

      Sec. 10.  The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

 


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

ê2015 Statutes of Nevada, Page 2756 (Chapter 472, AB 489)ê

 

engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

      Sec. 11.  Any remaining balance of an appropriation made by sections 4 to 8, inclusive, of this act must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2017, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 15, 2017.

      Sec. 12.  1.  Money in subsection 1 of section 4 of this act and section 5 of this act can be transferred between those sections to finance the 1 percent salary increase authorized on July 1, 2015, and the 2 percent salary increase authorized on July 1, 2016.

      2.  Money in subsection 2 of section 4 of this act and section 6 of this act can be transferred between those sections each section to finance the 1 percent salary increase authorized on July 1, 2015, and the 2 percent salary increase authorized on July 1, 2016.

      3.  When determining the allocations of the money appropriated in sections 4 to 7, inclusive, of this act the State Board of Examiners must not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.

      Sec. 13. NRS 242.101 is hereby amended to read as follows:

      242.101  1.  The Administrator shall:

      (a) [Appoint the heads of the Enterprise Application Services Unit and the Communication and Computing Unit of the Division in the unclassified service of the State;

      (b)] Appoint the Chief of the Office of Information Security who is in the classified service of the State;

      [(c)](b) Administer the provisions of this chapter and other provisions of law relating to the duties of the Division; and

      [(d)](c) Carry out other duties and exercise other powers specified by law.

      2.  The Administrator may form committees to establish standards and determine criteria for evaluation of policies relating to informational services.

      Sec. 14.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 2757ê

 

CHAPTER 473, SB 332

Senate Bill No. 332–Senators Roberson, Ford and Hammond

 

CHAPTER 473

 

[Approved: June 9, 2015]

 

AN ACT making an appropriation to the Clark County School District to carry out a program of peer assistance and review of teachers; requiring the Clark County School District to use the money to provide assistance to teachers in meeting the standards of effective teaching; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education to establish a statewide performance evaluation system which includes a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching. (NRS 391.465) Existing law also requires the board of trustees of each school district to submit a report to the State Board and the Teachers and Leaders Council of Nevada concerning the implementation and effectiveness of the process for peer evaluations of teachers. (NRS 391.470) This bill appropriates money for Fiscal Year 2015-2016 and Fiscal Year 2016-2017 to the Clark County School District to carry out a program of peer assistance and review for teachers. This bill requires the Clark County School District to use the money to provide certain assistance to teachers in the School District in meeting the standards for effective teaching.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Clark County School District to carry out a program of peer assistance and review of teachers the following sums:

For the Fiscal Year 2015-2016................................................. $1,000,000

For the Fiscal Year 2016-2017................................................. $1,000,000

      2.  Any balance of the sums appropriated by subsection 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money must not be spent for any purpose after September 16, 2016, and September 15, 2017, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2016, and September 15, 2017, respectively.

      3.  Money appropriated pursuant to subsection 1 must be used to provide assistance to teachers in the Clark County School District in meeting the standards for effective teaching, including, without limitation, by:

      (a) Conducting observations and peer assistance and review; and

      (b) Providing information and resources to teachers about strategies for effective teaching.

      4.  The sums appropriated by subsection 1:

 


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

ê2015 Statutes of Nevada, Page 2758 (Chapter 473, SB 332)ê

 

      (a) Must be accounted for separately from any other money received by the Clark County School District and used only for the purposes specified in this section.

      (b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations.

      (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of the school district.

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

________

CHAPTER 474, AB 457

Assembly Bill No. 457–Committee on Legislative Operations and Elections

 

CHAPTER 474

 

[Approved: June 9, 2015]

 

AN ACT relating to reports; revising provisions relating to reports submitted by certain entities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill revises provisions relating to reports required to be submitted by various governmental entities. Section 1 of this bill eliminates the requirement for the Court Administrator to submit a separate report relating to certain statistics regarding specialty court programs, and instead requires such statistics to be included in the annual report on court statistics. Section 1 also eliminates the requirement for the Court Administrator to submit a report containing statistics on cases relating to competency, convictions and malpractice of certain licensed medical professionals. Sections 15 and 16 of this bill eliminate the requirement that court clerks submit such case statistics to the Office of Court Administrator. Section 2 of this bill eliminates the requirement that the Supreme Court submit a report containing statistics on the use of arbitration and alternative dispute resolution in the court system.

      Section 3 of this bill eliminates the requirements that the Central Repository for Nevada Records of Criminal History submit: (1) an annual report to the Governor containing statistical data relating to crime in this State; and (2) an annual report to the Director of the Legislative Counsel Bureau containing statistical data about domestic violence in this State. Instead, section 3 only requires the Central Repository to post both reports on its Internet website.

      Section 8 of this bill eliminates the requirement that the Director of the Department of Administration submit a semiannual report detailing the royalties charged for the use of The Great Seal of the State of Nevada on medallions.

      Section 9 of this bill eliminates the requirement that the Administrator of the Office of Economic Development submit a biennial report evaluating the effectiveness of the programs relating to zones for economic development established pursuant to chapter 274 of NRS. Section 10 of this bill eliminates the requirement that the Employment Security Division of the Department of Employment, Training and Rehabilitation submit a biennial report relating to the use of the Old-Age and Survivors Insurance System. Section 11 of this bill eliminates the requirement that the Committee on Local Government Finance file a biennial report relating to the fiscal impact on counties and incorporated cities of the formula used for tax distribution.

 


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

ê2015 Statutes of Nevada, Page 2759 (Chapter 474, AB 457)ê

 

      Section 13 of this bill eliminates the requirement that the Division of Public and Behavioral Health of the Department of Health and Human Services submit a report relating to complaints received and disciplinary action taken by the Division.

      Section 14 of this bill eliminates the requirement that the Board for the Regulation of Liquefied Petroleum Gas submit a biennial report of the Board’s receipts and expenditures and any complaints received by the Board.

      Section 17 of this bill eliminates the requirement that the Real Estate Division of the Department of Business and Industry submit a biennial report relating to complaints received and disciplinary action taken by the Division.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 1.360 is hereby amended to read as follows:

      1.360  Under the direction of the Supreme Court, the Court Administrator shall:

      1.  Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this State and make recommendations, through the Chief Justice, for the improvement of those procedures;

      2.  Examine the condition of the dockets of the courts and determine the need for assistance by any court;

      3.  Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;

      4.  Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;

      5.  Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the State Court System and make recommendations in respect thereto;

      6.  Develop procedures for accounting, internal auditing, procurement and disbursement for the State Court System;

      7.  Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the State Court System and the offices connected therewith;

      8.  Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 regarding criminal and civil cases and make reports as to the cases filed in the district courts;

      9.  Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the State Court System;

      10.  On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report [compiling] :

      (a) Compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year; and

 


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

ê2015 Statutes of Nevada, Page 2760 (Chapter 474, AB 457)ê

 

      (b) Concerning:

             (1) The distribution of money deposited in the special account created by NRS 176.0613 to assist with funding and establishing specialty court programs;

             (2) The current status of any specialty court programs to which money from the account was allocated since the last report;

             (3) Statistics compiled from information required to be maintained by clerks of the district courts pursuant to NRS 3.275 concerning specialty courts, including, without limitation, the number of participants in such programs, the nature of the criminal charges that were filed against participants, the number of participants who have completed the programs and the disposition of the cases; and

             (4) Such other related information as the Court Administrator deems appropriate; and

      11.  [On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:

      (a) The distribution of money deposited in the special account created pursuant to NRS 176.0613 to assist with funding and establishing specialty court programs;

      (b) The current status of any specialty court programs to which money from the account was allocated since the last report;

      (c) Statistics compiled from information required to be maintained by clerks of the district courts pursuant to NRS 3.275 concerning specialty courts, including, without limitation, the number of participants in such programs, the nature of the criminal charges that were filed against participants, the number of participants who have completed the programs and the disposition of the cases; and

      (d) Such other related information as the Court Administrator deems appropriate;

      12.  On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person; and

      13.]  Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.

      Sec. 2. NRS 38.255 is hereby amended to read as follows:

      38.255  1.  The rules adopted by the Supreme Court pursuant to NRS 38.253 to provide guidelines for the establishment by a district court of a program must include provisions for a:

      (a) Mandatory program for the arbitration of civil actions pursuant to NRS 38.250.

      (b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds $50,000 per plaintiff, exclusive of attorney’s fees, interest and court costs.

      (c) Voluntary program for the use of binding arbitration in all civil actions.

      2.  The rules must provide that the district court of any judicial district whose population is 100,000 or more:

 


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

ê2015 Statutes of Nevada, Page 2761 (Chapter 474, AB 457)ê

 

      (a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.

      (b) May set fees and charge parties for arbitration if the amount in issue exceeds $50,000 per plaintiff, exclusive of attorney’s fees, interest and court costs.

Ê The rules may provide for similar programs for the other judicial districts.

      3.  The rules must exclude the following from any program of mandatory arbitration:

      (a) Actions in which the amount in issue, excluding attorney’s fees, interest and court costs, is more than $50,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;

      (b) Class actions;

      (c) Actions in equity;

      (d) Actions concerning the title to real estate;

      (e) Probate actions;

      (f) Appeals from courts of limited jurisdiction;

      (g) Actions for declaratory relief;

      (h) Actions involving divorce or problems of domestic relations;

      (i) Actions brought for relief based on any extraordinary writs;

      (j) Actions for the judicial review of an administrative decision;

      (k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action or pursuant to rules adopted by the Supreme Court, have submitted the controversy to arbitration or any other alternative method for resolving a dispute;

      (l) Actions that present unusual circumstances that constitute good cause for removal from the program;

      (m) Actions in which any of the parties is incarcerated; and

      (n) Actions submitted to mediation pursuant to rules adopted by the Supreme Court.

      4.  The rules must include:

      (a) Provisions for the payment of fees to an arbitrator who is appointed to hear a case pursuant to the rules. The rules must provide that an arbitrator must be compensated at a rate of $100 per hour, to a maximum of $1,000 per case, unless otherwise authorized by the arbitration commissioner for good cause shown.

      (b) Guidelines for the award of attorney’s fees and maximum limitations on the costs to the parties of the arbitration.

      (c) Disincentives to appeal.

      (d) Provisions for trial upon the exercise by either party of the party’s right to a trial anew after the arbitration.

      [5.  The Supreme Court shall, on or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Assembly and Senate Standing Committees on Judiciary. The report must include, for the period since the previous such report, if any:

      (a) A listing of the number of actions which were submitted to arbitration or other alternative methods of resolving disputes pursuant to NRS 38.250 or 38.258 and their manner of disposition;

      (b) A statement of the amount of money collected in each judicial district pursuant to NRS 19.0315 and a summary of the manner in which the fees were expended; and

 


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

ê2015 Statutes of Nevada, Page 2762 (Chapter 474, AB 457)ê

 

      (c) Any recommendations for legislation or other information regarding the programs on arbitration deemed relevant by the Supreme Court.]

      Sec. 3. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

 


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

ê2015 Statutes of Nevada, Page 2763 (Chapter 474, AB 457)ê

 

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

 


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

ê2015 Statutes of Nevada, Page 2764 (Chapter 474, AB 457)ê

 

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and [present to the Governor a printed] post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be [presented to the Governor] posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and [submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session,] post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

 


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

ê2015 Statutes of Nevada, Page 2765 (Chapter 474, AB 457)ê

 

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

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

      Sec. 4. NRS 179A.175 is hereby amended to read as follows:

      179A.175  1.  The Director of the Department shall establish within the Central Repository a program for reporting crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.

      2.  The program must be designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression. The Director shall adopt guidelines for the collection of the statistical data, including, but not limited to, the criteria to establish the presence of prejudice.

      3.  The Central Repository shall include in [its annual report to the Governor pursuant to subsection 6 of NRS 179A.075, and in] any [other] appropriate report [,] an independent section relating solely to the analysis of crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.

      4.  Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.

      5.  As used in this section, “gender identity or expression” has the meaning ascribed to it in NRS 193.0148.

      Sec. 5. NRS 179A.350 is hereby amended to read as follows:

      179A.350  1.  The Repository for Information Concerning Orders for Protection Against Domestic Violence is hereby created within the Central Repository.

      2.  Except as otherwise provided in subsection 6, the Repository for Information Concerning Orders for Protection Against Domestic Violence must contain a complete and systematic record of all temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada, in accordance with regulations adopted by the Director of the Department, including, without limitation, any information received pursuant to NRS 33.095. Information received by the Central Repository pursuant to NRS 33.095 must be entered in the Repository for Information Concerning Orders for Protection Against Domestic Violence not later than 8 hours after it is received by the Central Repository.

      3.  The information in the Repository for Information Concerning Orders for Protection Against Domestic Violence must be accessible by computer at all times to each agency of criminal justice.

      4.  On or before [February 15] July 1 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection against domestic violence issued pursuant to NRS 33.020 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection Against Domestic Violence.

 


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

ê2015 Statutes of Nevada, Page 2766 (Chapter 474, AB 457)ê

 

Concerning Orders for Protection Against Domestic Violence. The report must include, without limitation, information for each court that issues temporary or extended orders for protection against domestic violence concerning:

      (a) The total number of temporary and extended orders that were granted by the court pursuant to NRS 33.020 during the calendar year to which the report pertains;

      (b) The number of temporary and extended orders that were granted to women;

      (c) The number of temporary and extended orders that were granted to men;

      (d) The number of temporary and extended orders that were vacated or expired;

      (e) The number of temporary orders that included a grant of temporary custody of a minor child; and

      (f) The number of temporary and extended orders that were served on the adverse party.

      5.  The information provided pursuant to subsection 4 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.

      6.  The Repository for Information Concerning Orders for Protection Against Domestic Violence must not contain any information concerning an event that occurred before October 1, 1998.

      Sec. 6. NRS 213.10885 is hereby amended to read as follows:

      213.10885  1.  The Board shall adopt by regulation specific standards for each type of convicted person to assist the Board in determining whether to grant or revoke parole. The regulations must include standards for determining whether to grant or revoke the parole of a convicted person:

      (a) Who committed a capital offense.

      (b) Who was sentenced to serve a term of imprisonment for life.

      (c) Who was convicted of a sexual offense involving the use or threat of use of force or violence.

      (d) Who was convicted as a habitual criminal.

      (e) Who is a repeat offender.

      (f) Who was convicted of any other type of offense.

Ê The standards must be based upon objective criteria for determining the person’s probability of success on parole.

      2.  In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. The other factors the Board considers must include, but are not limited to:

      (a) The severity of the crime committed;

      (b) The criminal history of the person;

      (c) Any disciplinary action taken against the person while incarcerated;

      (d) Any previous parole violations or failures;

      (e) Any potential threat to society or to the convicted person; and

      (f) The length of his or her incarceration.

      3.  In determining whether to grant parole to a convicted person, the Board shall not consider whether the person has appealed the judgment of imprisonment for which the person is being considered for parole.

 


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

ê2015 Statutes of Nevada, Page 2767 (Chapter 474, AB 457)ê

 

      4.  The standards adopted by the Board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      5.  The Board shall make available to the public a sample of the form the Board uses in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.

      6.  On or before January 1 of each [even-numbered] odd-numbered year, the Board shall review comprehensively the standards adopted by the Board. The review must include a determination of whether the standards are effective in predicting the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. If a standard is found to be ineffective, the Board shall not use that standard in its decisions regarding parole and shall adopt revised standards as soon as practicable after the review.

      7.  The Board shall report to each regular session of the Legislature:

      (a) The number and percentage of the Board’s decisions that conflicted with the standards;

      (b) The results and conclusions from the Board’s review pursuant to subsection 6; and

      (c) Any changes in the Board’s standards, policies, procedures, programs or forms that have been or will be made as a result of the review.

      Sec. 7. NRS 213.10887 is hereby amended to read as follows:

      213.10887  1.  The Board shall compile and maintain detailed information concerning all decisions regarding parole. The information must include, but is not limited to:

      (a) The Board’s reasons for each decision to grant, deny, revoke or continue parole.

      (b) The number of decisions made by the Board granting parole, denying parole, revoking parole and continuing parole.

      2.  The Board shall [organize] :

      (a) Organize and tabulate the information compiled pursuant to this section at regular intervals, which must not exceed 3 months [.] ; and

      (b) Publish such information on its Internet website.

      Sec. 8. NRS 235.016 is hereby amended to read as follows:

      235.016  1.  The Director shall set and collect a royalty for the use of The Great Seal of the State of Nevada from the mint which produces the medallions or bars. The amount of the royalty must be:

      (a) Based on the usual and customary fee charged as a commission by dealers of similar medallions or bars; and

      (b) Adjusted at least once each year to ensure it is competitive with the usual and customary fee.

      2.  [The Director shall report every 6 months to the Legislature, if it is in session, or to the Interim Finance Committee, if the Legislature is not in session. The report must contain:

      (a) The amount of the royalties being charged; and

      (b) The information used to determine the usual and customary fee charged by dealers.

      3.]  The money collected pursuant to this section must be deposited in the Account for the Division of Minerals created pursuant to NRS 513.103.

 


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

ê2015 Statutes of Nevada, Page 2768 (Chapter 474, AB 457)ê

 

      Sec. 9. NRS 274.090 is hereby amended to read as follows:

      274.090  1.  The Executive Director of the Office of Economic Development shall serve as Administrator.

      2.  The Administrator shall:

      (a) Administer this chapter.

      (b) [Submit reports evaluating the effectiveness of the programs established pursuant to this chapter together with any suggestions for legislation to the Legislature by February 1 of every odd-numbered year. The reports must contain statistics concerning initial and current population, employment, per capita income, corporate income and the construction of housing for each specially benefited zone.

      (c)] Adopt all necessary regulations to carry out the provisions of this chapter.

      Sec. 10. NRS 287.230 is hereby amended to read as follows:

      287.230  The state agency shall [:

      1.  Make] make studies concerning the problem of Old-Age and Survivors Insurance protection for employees of the State and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under NRS 287.050 to 287.240, inclusive.

      [2.  Submit a report to the Legislature at the beginning of each regular session covering the administration and operation of NRS 287.050 to 287.240, inclusive, during the preceding biennium, including such recommendations for amendments as it considers proper.]

      Sec. 11. NRS 365.550 is hereby amended to read as follows:

      365.550  1.  Except as otherwise provided in subsection 2, the receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:

      (a) Determine the average monthly amount each county received in the Fiscal Year ending on June 30, 2003, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the Fiscal Year ending on June 30, 2003;

      (b) If the total amount to be allocated is greater than the average monthly amount all counties received in the Fiscal Year ending on June 30, 2003, determine for each county an amount from the total amount to be allocated using the following formula:

             (1) Multiply the county’s percentage share of the total state population by 2;

             (2) Add the percentage determined pursuant to subparagraph (1) to the county’s percentage share of total mileage of improved roads or streets maintained by the county or an incorporated city located within the county;

             (3) Divide the sum of the percentages determined pursuant to subparagraph (2) by 3; and

             (4) Multiply the total amount to be allocated by the percentage determined pursuant to subparagraph (3);

      (c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a) and:

             (1) Subtract the amount determined pursuant to paragraph (a) from the amount determined pursuant to paragraph (b); and

 


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

ê2015 Statutes of Nevada, Page 2769 (Chapter 474, AB 457)ê

 

             (2) Add the amounts determined pursuant to subparagraph (1) for all counties;

      (d) Identify each county for which the amount determined pursuant to paragraph (b) is less than or equal to the amount allocated to the county pursuant to paragraph (a) and:

             (1) Subtract the amount determined pursuant to paragraph (b) from the amount determined pursuant to paragraph (a); and

             (2) Add the amounts determined pursuant to subparagraph (1) for all counties;

      (e) Subtract the amount determined pursuant to subparagraph (2) of paragraph (d) from the amount determined pursuant to subparagraph (2) of paragraph (c);

      (f) Divide the amount determined pursuant to subparagraph (1) of paragraph (c) for each county by the sum determined pursuant to subparagraph (2) of paragraph (c) for all counties to determine each county’s percentage share of the sum determined pursuant to subparagraph (2) of paragraph (c); and

      (g) In addition to the allocation made pursuant to paragraph (a), allocate to each county that is identified pursuant to paragraph (c) a percentage of the total amount determined pursuant to paragraph (e) that is equal to the percentage determined pursuant to paragraph (f).

      2.  At the end of each fiscal year, the Department shall:

      (a) Determine the total amount to be allocated to all counties pursuant to subsection 1 for the current fiscal year; and

      (b) Use the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to each county an amount determined pursuant to subsection 3.

      3.  If the total amount to be allocated to all the counties determined pursuant to paragraph (a) of subsection 2:

      (a) Does not exceed the total amount that was received by all the counties for the Fiscal Year ending on June 30, 2003, the Department shall adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the Fiscal Year ending on June 30, 2003.

      (b) Exceeds the total amount that was received by all counties for the Fiscal Year ending on June 30, 2003, the Department shall:

             (1) Identify the total amount allocated to each county for the Fiscal Year ending on June 30, 2003, and the total amount for the current fiscal year determined pursuant to paragraph (a) of subsection 2;

             (2) Apply the formula set forth in paragraph (b) of subsection 1 using the amounts in subparagraph (1), instead of the monthly amounts, to determine the total allocations to be made to the counties for the current fiscal year; and

             (3) Adjust the final monthly allocation to be made to each county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to subparagraph (2).

      4.  Of the money allocated to each county pursuant to the provisions of subsections 1, 2 and 3:

      (a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to NRS 373.131, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration.

 


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

ê2015 Statutes of Nevada, Page 2770 (Chapter 474, AB 457)ê

 

construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration.

      (b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or, if there is at least one incorporated city in the county, allocated monthly by the Department to the county and each incorporated city in the county using, except as otherwise provided in paragraph (c), the following formula:

             (1) Determine the average monthly amount the county and each incorporated city in the county received in the fiscal year ending on June 30, 2005, and allocate to the county and each incorporated city in the county that amount, or if the total amount to be allocated is less than that amount, allocate to the county and each incorporated city in the county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.

             (2) If the total amount to be allocated is greater than the average monthly amount the county and all incorporated cities within the county received in the fiscal year ending on June 30, 2005, determine for the county and each incorporated city in the county an amount from the total amount to be allocated using the following formula:

                   (I) One-fourth in proportion to total area.

                   (II) One-fourth in proportion to population.

                   (III) One-fourth in proportion to the total mileage of improved roads and streets maintained by the county or incorporated city in the county, as applicable.

                   (IV) One-fourth in proportion to vehicle miles of travel on improved roads and streets maintained by the county or incorporated city in the county, as applicable.

Ê For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

             (3) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was greater than the amount allocated to the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:

                   (I) Subtract the amount determined pursuant to subparagraph (1) from the amount determined pursuant to subparagraph (2); and

                   (II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.

             (4) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was less than or equal to the amount determined for the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:

                   (I) Subtract the amount determined pursuant to subparagraph (2) from the amount determined pursuant to subparagraph (1); and

                   (II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.

             (5) Subtract the amount determined pursuant to sub-subparagraph (II) of subparagraph (4) from the amount determined pursuant to sub-subparagraph (II) of subparagraph (3).

 


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

ê2015 Statutes of Nevada, Page 2771 (Chapter 474, AB 457)ê

 

             (6) Divide the amount determined pursuant to sub-subparagraph (I) of subparagraph (3) for the county and each incorporated city in the county by the sum determined pursuant to sub-subparagraph (II) of subparagraph (3) for the county and all incorporated cities in the county to determine the county’s and each incorporated city’s percentage share of the sum determined pursuant to sub-subparagraph (II) of subparagraph (3).

             (7) In addition to the allocation made pursuant to subparagraph (1), allocate to the county and each incorporated city in the county that is identified pursuant to subparagraph (3) a percentage of the total amount determined pursuant to subparagraph (5) that is equal to the percentage determined pursuant to subparagraph (6).

      (c) At the end of each fiscal year, the Department shall:

             (1) Determine the total amount to be allocated to a county and each incorporated city within the county pursuant to paragraph (b) for the current fiscal year; and

             (2) Use the amount equal to that part of the allocation which represents 2.35 cents per gallon of the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to a county and each incorporated city in the county an amount determined pursuant to paragraph (d).

      (d) If the total amount to be allocated to a county and all incorporated cities in the county determined pursuant to subparagraph (1) of paragraph (c):

             (1) Does not exceed the total amount that was received by the county and all the incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall adjust the final monthly amount allocated to the county and each incorporated city in the county so that the county and each incorporated city is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.

             (2) Exceeds the total amount that was received by the county and all incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall:

                   (I) Identify the total amount allocated to the county and each incorporated city in the county for the fiscal year ending on June 30, 2005, and the total amount for the current fiscal year determined pursuant to subparagraph (1) of paragraph (c);

                   (II) Apply the formula set forth in subparagraph (2) of paragraph (b) using the amounts in sub-subparagraph (I), instead of the monthly amounts, to determine the total allocations to be made to the county and the incorporated cities in the county for the current fiscal year; and

                   (III) Adjust the final monthly allocation to be made to the county and each incorporated city in the county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to sub-subparagraph (II).

      5.  The amount allocated to the counties and incorporated cities pursuant to subsections 1 to 4, inclusive, must be remitted monthly. The State Controller shall draw his or her warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.

 


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

ê2015 Statutes of Nevada, Page 2772 (Chapter 474, AB 457)ê

 

      6.  The formula computations must be made as of July 1 of each year by the Department of Motor Vehicles, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection 10. Except as otherwise provided in subsection 10, the determination made by the Department of Motor Vehicles is conclusive.

      7.  The Department of Transportation shall complete:

      (a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.

      (b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 8 at least once every 10 years.

      8.  Each county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:

      (a) Each improved road or street that is maintained by the county or city; and

      (b) The beginning and ending points and the total mileage of each of those improved roads or streets.

Ê Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.

      9.  If a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection 7, the county or incorporated city may request that the Committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the Committee not later than October 15.

      10.  The Committee shall hold a public hearing and review any request it receives pursuant to subsection 9 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 9. Any determination made by the Committee pursuant to this subsection is conclusive.

      11.  The Committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities. [Biennially, the Committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact and submit the report on or before February 15 of each odd-numbered year to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Committees on Taxation of the Nevada Legislature for their review.]

      12.  As used in this section:

      (a) “Committee” means the Committee on Local Government Finance created pursuant to NRS 354.105.

      (b) “Construction, maintenance and repair” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:

             (1) Grades and regrades;

             (2) Graveling, oiling, surfacing, macadamizing and paving;

             (3) Sweeping, cleaning and sanding roads and removing snow from a road;

             (4) Crosswalks and sidewalks;

 


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

ê2015 Statutes of Nevada, Page 2773 (Chapter 474, AB 457)ê

 

             (5) Culverts, catch basins, drains, sewers and manholes;

             (6) Inlets and outlets;

             (7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

             (8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;

             (9) Rights-of-way;

             (10) Grade and traffic separators;

             (11) Fences, cattle guards and other devices to control access to a county or city road;

             (12) Signs and devices for the control of traffic; and

             (13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.

      (c) “Improved road or street” means a road or street that is, at least:

             (1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and

             (2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.

      (d) “Total mileage of an improved road or street” means the total mileage of the length of an improved road or street, without regard to the width of that road or street or the number of lanes it has for vehicular traffic.

      Sec. 12. NRS 417.105 is hereby amended to read as follows:

      417.105  1.  [Each year on] On or before October 1 [,] of each even-numbered year, the Department shall review the reports submitted pursuant to NRS 333.3368 and 338.13846.

      2.  In carrying out the provisions of subsection 1, the Department shall seek input from:

      (a) The Purchasing Division of the Department of Administration.

      (b) The State Public Works Board of the State Public Works Division of the Department of Administration.

      (c) The Office of Economic Development.

      (d) Groups representing the interests of veterans of the Armed Forces of the United States.

      (e) The business community.

      (f) Local businesses owned by veterans with service-connected disabilities.

      3.  After performing the duties described in subsections 1 and 2, the Department shall make recommendations to the Legislative Commission regarding the continuation, modification, promotion or expansion of the preferences for local businesses owned by veterans with service-connected disabilities which are described in NRS 333.3366 and 338.13844.

      4.  As used in this section:

      (a) “Business owned by a veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13841.

      (b) “Local business” has the meaning ascribed to it in NRS 333.3363.

      (c) “Veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13843.

      Sec. 13. NRS 432A.190 is hereby amended to read as follows:

      432A.190  1.  The Division may deny an application for a license to operate a child care facility or may suspend or revoke such a license upon any of the following grounds:

 


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

ê2015 Statutes of Nevada, Page 2774 (Chapter 474, AB 457)ê

 

      (a) Violation by the applicant or licensee or an employee of the applicant or licensee of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the child care facility for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients of the outdoor youth program.

      (e) Conviction of any crime listed in subsection 2 of NRS 432A.170 committed by the applicant or licensee or an employee of the applicant or licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older.

      (f) Failure to comply with the provisions of NRS 432A.178.

      (g) Substantiation of a report of child abuse or neglect made against the applicant or licensee.

      (h) Conduct which is found to pose a threat to the health or welfare of a child or which demonstrates that the applicant or licensee is otherwise unfit to work with children.

      (i) Violation by the applicant or licensee of the provisions of NRS 432A.1755 by continuing to employ a person, allowing a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to continue to reside in the child care facility or allowing a participant in an outdoor youth program to continue to participate in the program if the employee, or the resident or participant who is 18 years of age or older, has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate a child care facility if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a child care facility pursuant to subsection 2. The Division shall provide to a child care facility:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 432A.178.

 


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

ê2015 Statutes of Nevada, Page 2775 (Chapter 474, AB 457)ê

 

      4.  In addition to any other disciplinary action, the Division may impose an administrative fine for a violation of any provision of this chapter or any regulation adopted pursuant thereto. The Division shall afford to any person so fined an opportunity for a hearing. Any money collected for the imposition of such a fine must be credited to the State General Fund.

      [5.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Division pursuant to subsection 2.]

      Sec. 14. NRS 590.505 is hereby amended to read as follows:

      590.505  1.  The Board may adopt a seal for its own use which must have imprinted thereon the words “Board for the Regulation of Liquefied Petroleum Gas.” The care and custody of the seal is the responsibility of the Secretary-Treasurer of the Board.

      2.  The Board may appoint an Executive Secretary and may employ or, pursuant to NRS 333.700, contract with such other technical, clerical or investigative personnel as it deems necessary. The Board shall fix the compensation of the Executive Secretary and all other employees and independent contractors. Such compensation must be paid out of the money of the Board. The Board may require the Executive Secretary and any other employees and independent contractors to give a bond to the Board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the Board.

      3.  In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the Board:

      (a) Shall adopt written policies setting forth procedures and methods of operation for the Board.

      (b) May adopt such regulations as it deems necessary.

      4.  [The Board shall submit to the Legislature and the Governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the Board during the period and any complaints received by the Board.

      5.]  The Board shall keep accurate records, minutes and audio recordings or transcripts of all meetings and, except as otherwise provided in NRS 241.035, the records, minutes, audio recordings and transcripts so kept must be open to public inspection at all reasonable times. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035. The Board shall also keep a record of all applications for licenses and licenses issued by it. The record of applications and licenses is a public record.

      Sec. 15. NRS 630.307 is hereby amended to read as follows:

      630.307  1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against a physician, perfusionist, physician assistant or practitioner of respiratory care on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

 


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

ê2015 Statutes of Nevada, Page 2776 (Chapter 474, AB 457)ê

 

complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any licensee, medical school or medical facility that becomes aware that a person practicing medicine, perfusion or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

      3.  Except as otherwise provided in subsection 4, any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in the privileges of a physician, perfusionist, physician assistant or practitioner of respiratory care to practice while the physician, perfusionist, physician assistant or practitioner of respiratory care is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician, perfusionist, physician assistant or practitioner of respiratory care concerning the care of a patient or the competency of the physician, perfusionist, physician assistant or practitioner of respiratory care within 30 days after the change in privileges is made or disciplinary action is taken.

      4.  A hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board within 5 days after a change in the privileges of a physician, perfusionist, physician assistant or practitioner of respiratory care to practice that is based on:

      (a) An investigation of the mental, medical or psychological competency of the physician, perfusionist, physician assistant or practitioner of respiratory care; or

      (b) Suspected or alleged substance abuse in any form by the physician, perfusionist, physician assistant or practitioner of respiratory care.

      5.  The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division of Public and Behavioral Health determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      6.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, perfusionist, physician assistant or practitioner of respiratory care:

      (a) Is mentally ill;

      (b) Is mentally incompetent;

      (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence,

Ê within 45 days after such a finding, judgment or determination is made.

      7.  [On or before January 15 of each year, the clerk of each court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding physicians pursuant to paragraph (e) of subsection 6.

 


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

ê2015 Statutes of Nevada, Page 2777 (Chapter 474, AB 457)ê

 

written report compiling the information that the clerk reported during the previous year to the Board regarding physicians pursuant to paragraph (e) of subsection 6.

      8.]  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 16. NRS 633.533 is hereby amended to read as follows:

      633.533  1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against an osteopathic physician or physician assistant on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any licensee, medical school or medical facility that becomes aware that a person practicing osteopathic medicine or practicing as a physician assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

      3.  Except as otherwise provided in subsection 4, any hospital, clinic or other medical facility licensed in this State, or medical society, shall file a written report with the Board of any change in the privileges of an osteopathic physician or physician assistant to practice while the osteopathic physician or physician assistant is under investigation, and the outcome of any disciplinary action taken by the facility or society against the osteopathic physician or physician assistant concerning the care of a patient or the competency of the osteopathic physician or physician assistant, within 30 days after the change in privileges is made or disciplinary action is taken.

      4.  A hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board within 5 days after a change in the privileges of an osteopathic physician or physician assistant that is based on:

      (a) An investigation of the mental, medical or psychological competency of the osteopathic physician or physician assistant; or

      (b) Suspected or alleged substance abuse in any form by the osteopathic physician or physician assistant.

      5.  The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      6.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or physician assistant:

 

 

 


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

ê2015 Statutes of Nevada, Page 2778 (Chapter 474, AB 457)ê

 

      (a) Is mentally ill;

      (b) Is mentally incompetent;

      (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence,

Ê within 45 days after the finding, judgment or determination.

      [7.  On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians and physician assistants pursuant to paragraph (e) of subsection 6.]

      Sec. 17. NRS 645.633 is hereby amended to read as follows:

      645.633  1.  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of any of the following acts:

      (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

      (b) Violating any order of the Commission, any agreement with the Division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted pursuant thereto.

      (c) Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesperson or salesperson who has not secured a license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his or her state of residence.

      (d) A conviction of, or the entry of a plea of guilty, guilty but mentally ill or nolo contendere to:

             (1) A felony relating to the practice of the licensee, property manager or owner-developer; or

             (2) Any crime involving fraud, deceit, misrepresentation or moral turpitude.

      (e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

      (f) Failure to include a fixed date of expiration in any written brokerage agreement or failure to leave a copy of such a brokerage agreement or any property management agreement with the client.

      (g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.

      (h) Gross negligence or incompetence in performing any act for which the person is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

      (i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.

 

 

 

 


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

ê2015 Statutes of Nevada, Page 2779 (Chapter 474, AB 457)ê

 

      (j) Any conduct which took place before the person became licensed which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.

      (k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesperson or salesperson, with or on behalf of the licensee.

      (l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.

      2.  The Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate broker’s, broker-salesperson’s or salesperson’s license issued by any other jurisdiction.

      3.  The Commission may take action pursuant to NRS 645.630 against any person who:

      (a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and

      (b) In connection with any property for which the person has obtained a property management agreement pursuant to NRS 645.6056:

             (1) Is convicted of violating any of the provisions of NRS 202.470;

             (2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or

             (3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the person’s duties pursuant to the property management agreement.

      4.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.

      [5.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 4; and

      (b) Any disciplinary actions taken by the Commission pursuant to subsection 3.]

      Sec. 18. (Deleted by amendment.)

      Sec. 19.  This act becomes effective on July 1, 2015.

________

 


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

ê2015 Statutes of Nevada, Page 2780ê

 

CHAPTER 475, AB 475

Assembly Bill No. 475–Committee on Ways and Means

 

CHAPTER 475

 

[Approved: June 9, 2015]

 

AN ACT relating to real estate; revising provisions governing the retention and deposit of certain surplus fees by the Real Estate Division of the Department of Business and Industry; decreasing certain fees charged by the Division; revising provisions governing certain licenses issued by the Division; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that: (1) the initial period of licensure for an original license as a real estate broker, broker-salesperson or salesperson is 24 months beginning on the first day of the first calendar month after the original license is issued by the Real Estate Division of the Department of Business and Industry; and (2) each subsequent period of licensure is 48 consecutive months. Existing law also provides that any other licenses issued pursuant to chapter 645 of NRS are issued for a period of 48 consecutive months. (NRS 645.780) Sections 2 and 3 of this bill reduce the period of initial licensure for a license as a real estate broker, broker-salesperson or salesperson from 24 to 12 consecutive months and each subsequent period of licensure from 48 to 24 consecutive months. Section 3 also decreases the period of licensure for other licenses issued by the Division from 48 to 24 consecutive months. Section 13 of this bill provides that existing licenses issued by the Division before July 1, 2015, do not need to be renewed until the expiration date listed on the license.

      Section 4 of this bill reduces the fee for issuance or renewal of a license as a broker, broker-salesperson, salesperson or branch office and the penalty for the late filing of a renewal for such licenses.

 

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 645.140 is hereby amended to read as follows:

      645.140  1.  Except as otherwise provided in this section, all fees, penalties and charges received by the Division pursuant to NRS 645.410, 645.660 and 645.830 must be deposited with the State Treasurer for credit to the State General Fund.

      2. The fees received by the Division:

      (a) From the sale of publications [,] must be retained by the Division to pay the costs of printing and distributing publications.

      (b) For examinations [,] must be retained by the Division to pay the costs of the administration of examinations.

Ê Any surplus of the fees retained by the Division for the administration of examinations must be deposited with the State Treasurer for credit to the State General Fund.

      [2.]3.  Money for the support of the Division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the State are paid.

      [3.]4.  Each member of the Commission is entitled to receive:

 


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

ê2015 Statutes of Nevada, Page 2781 (Chapter 475, AB 475)ê

 

      (a) A salary of not more than $150 per day, as fixed by the Commission, while engaged in the business of the Commission; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Commission, while engaged in the business of the Commission. The rate must not exceed the rate provided for state officers and employees generally.

      [4.]5.  While engaged in the business of the Commission, each employee of the Commission is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Commission. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 2. NRS 645.490 is hereby amended to read as follows:

      645.490  1.  Upon satisfactorily passing the written examination and upon complying with all other provisions of law and conditions of this chapter, a license shall thereupon be granted by the Division to the successful applicant therefor as a real estate broker, broker-salesperson or salesperson, and the applicant, upon receiving the license, may conduct the business of a real estate broker, broker-salesperson or salesperson in this State.

      2.  The Division shall issue licenses as a real estate broker, broker-salesperson or salesperson to all applicants who qualify and comply with all provisions of law and all requirements of this chapter.

      3.  Except as otherwise provided in NRS 645.785:

      (a) An original license as a real estate broker, broker-salesperson or salesperson must be renewed with the Division before the expiration of the initial license period of [24] 12 consecutive months as prescribed in NRS 645.780; and

      (b) Thereafter, the license must be renewed with the Division before the expiration of each subsequent license period of [48] 24 consecutive months as prescribed in NRS 645.780.

      Sec. 3. NRS 645.780 is hereby amended to read as follows:

      645.780  1.  Each license issued under the provisions of this chapter expires at midnight on the last day of the last month of the applicable license period for the license.

      2.  The initial license period for an original license as a real estate broker, broker-salesperson or salesperson is a period of [24] 12 consecutive months beginning on the first day of the first calendar month after the original license is issued by the Division. Thereafter, each subsequent license period is a period of [48] 24 consecutive months beginning on the first day of the first calendar month after a renewal of the license is issued by the Division for the subsequent license period.

      3.  For all other licenses, the license period is a period of [48] 24 consecutive months beginning on the first day of the first calendar month after the license or any renewal of the license is issued by the Division, unless a specific statute:

      (a) Provides for a different license period; or

      (b) Expressly authorizes a different license period to be provided for by regulation.

      4.  The Division may:

      (a) Create and maintain a secure website on the Internet through which each license, permit, certificate or registration issued pursuant to the provisions of this chapter may be renewed; and

      (b) For each license, permit, certificate or registration renewed through the use of a website created and maintained pursuant to paragraph (a), charge a fee in addition to any other fee provided for pursuant to this chapter which must not exceed the actual cost to the Division for providing that service.

 


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

ê2015 Statutes of Nevada, Page 2782 (Chapter 475, AB 475)ê

 

a fee in addition to any other fee provided for pursuant to this chapter which must not exceed the actual cost to the Division for providing that service.

      Sec. 4. NRS 645.830 is hereby amended to read as follows:

      645.830  1.  The following fees must be charged by and paid to the Division:

 

For each original real estate broker’s, broker-salesperson’s or corporate broker’s license   [$210] $105

For each original real estate salesperson’s license...................... [170] 85

For each original branch office license...................................... [240] 120

For real estate education, research and recovery to be paid at the time an application for an original license is filed................................................................................................................. 40

For real estate education, research and recovery to be paid at the time an application for renewal of a license is filed......................................................................................................... [80] 40

For each renewal of a real estate broker’s, broker-salesperson’s or corporate broker’s license       [360] 180

For each renewal of a real estate salesperson’s license........... [280] 140

For each renewal of a real estate branch office license.......... [220] 110

For each penalty for late filing of a renewal for a broker’s, broker-salesperson’s or corporate broker’s license   [180] 95

For each penalty for late filing of a renewal for a salesperson’s license. [140] 75

For each change of name or address...................................................... 20

For each transfer of a real estate salesperson’s or broker-salesperson’s license and change of association or employment.......................................................................................... 20

For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof   20

For each change of broker status from broker to broker-salesperson 20

For each change of broker status from broker-salesperson to broker 40

For each reinstatement to active status of an inactive real estate broker’s, broker-salesperson’s or salesperson’s license..................................................................................................... 20

For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the Division of a change of name or business location....................... 30

For each reinstatement of a real estate salesperson’s or broker-salesperson’s license when he or she fails to notify the Division of a change of broker within 30 days of termination by previous broker  30

For each original registration of an owner-developer......................... 125

For each annual renewal of a registration of an owner-developer.. 125

For each enlargement of the area of an owner-developer’s registration 50

 


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

ê2015 Statutes of Nevada, Page 2783 (Chapter 475, AB 475)ê

 

For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof  $150

For each original accreditation of a course of continuing education 100

For each renewal of accreditation of a course of continuing education 50

For each annual approval of a course of instruction offered in preparation for an original license or permit      100

 

      2.  The fees prescribed by this section for courses of instruction offered in preparation for an original license or permit or for courses of continuing education do not apply to:

      (a) Any university, state college or community college of the Nevada System of Higher Education.

      (b) Any agency of the State.

      (c) Any regulatory agency of the Federal Government.

      3.  The Commission shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of any investigation of a person’s background.

      Sec. 5. NRS 645C.240 is hereby amended to read as follows:

      645C.240  1.  Except as otherwise provided in subsections 2 and 3, all fees, penalties and other charges received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      2.  Fees received by the Division:

      (a) From the sale of publications [,] must be retained by the Division to pay the costs of printing and distributing publications.

      (b) For examinations [,] must be retained by the Division to pay the costs of the administration of examinations.

Ê Any surplus of the fees retained by the Division for the administration of examinations must be deposited with the State Treasurer for credit to the State General Fund.

      3.  The portion of the fees collected by the Division pursuant to NRS 645C.450 for the issuance or renewal of a certificate or license as a residential appraiser or the issuance or renewal of a certificate as a general appraiser which is used for payment of the registry fee to the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the Division for payment to the Federal Financial Institutions Examination Council.

      4.  Money for the support of the Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid.

      Sec. 6. NRS 645D.140 is hereby amended to read as follows:

      645D.140  1.  All fees, penalties and other charges received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      2.  Money for the support of the Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid. The Commission and the Division shall deposit any money collected from the imposition of any administrative fine or penalty pursuant to this chapter with the State Treasurer for credit to the State General Fund.

 


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

ê2015 Statutes of Nevada, Page 2784 (Chapter 475, AB 475)ê

 

with the State Treasurer for credit to the State General Fund. The Commission or Division may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 116.620 is hereby amended to read as follows:

      116.620  1.  Except as otherwise provided in this section and within the limits of legislative appropriations [,] and any other money available for this purpose, the Division may employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of this chapter.

      2.  The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of this chapter.

      3.  The Attorney General shall render to the Commission and the Division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the Attorney General by the Commission or the Division.

      Sec. 9. NRS 116A.210 is hereby amended to read as follows:

      116A.210  1.  Except as otherwise provided in this section and within the limits of legislative appropriations [,] and any other money available for this purpose, the Division may employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of this chapter.

      2.  The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of this chapter.

      3.  The Attorney General shall render to the Commission and the Division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the Attorney General by the Commission or the Division.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. NRS 116B.810 is hereby amended to read as follows:

      116B.810  1.  Except as otherwise provided in this section and within the limits of legislative appropriations [,] and any other money available for this purpose, the Division may employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of this chapter.

      2.  The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of this chapter.

      3.  The Attorney General shall render to the Commission and the Division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the Attorney General by the Commission or the Division.

      Sec. 12. (Deleted by amendment.)

      Sec. 13.  Notwithstanding the amendatory provisions of sections 2 and 3 of this act, the holder of a license issued or renewed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 645.490 or 645.830 before July 1, 2015, is not required to renew the license until the expiration date set forth on the license.

 


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

ê2015 Statutes of Nevada, Page 2785 (Chapter 475, AB 475)ê

 

Division of the Department of Business and Industry pursuant to NRS 645.490 or 645.830 before July 1, 2015, is not required to renew the license until the expiration date set forth on the license.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  This act becomes effective on July 1, 2015.

________

CHAPTER 476, AB 478

Assembly Bill No. 478–Committee on Ways and Means

 

CHAPTER 476

 

[Approved: June 9, 2015]

 

AN ACT relating to real property; revising certain fees collected by the Real Estate Division of the Department of Business and Industry and imposing certain new fees to be collected by the Division; revising provisions relating to the disposition of such fees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth provisions relating to the sale of subdivided land and time shares. (Chapters 119 and 119A of NRS) This bill increases the various fees relating to the sale of subdivided land and time shares which the Real Estate Division of the Department of Business and Industry may charge and collect and imposes certain new fees. This bill specifically provides for the disposition of such fees.

 

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 119.118 is hereby amended to read as follows:

      119.118  [All] Except as otherwise provided in paragraph (b) of subsection 1 of NRS 119.320, all fees and charges received by the Division shall be deposited in the General Fund in the State Treasury. Funds for the support of the Division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the State are paid.

      Sec. 2. NRS 119.320 is hereby amended to read as follows:

      119.320  1.  Subject to the provisions of this chapter, the Division shall collect the following fees at such times and upon such conditions as it may provide by regulation:

      (a) For deposit in the State General Fund:

 

For each annual registered representative’s license to represent a developer      $85

For each transfer of a registered representative’s license to represent a developer  30

For each penalty for a late renewal of a registered representative’s license  40

[For each application for a developer’s request for an exemption from any provision of this chapter     275

 


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

ê2015 Statutes of Nevada, Page 2786 (Chapter 476, AB 478)ê

 

For each application for renewal of an exemption from any provision of this chapter      $275]

For each developer’s permit per subdivision....................................... 500

For each developer’s temporary permit for each subdivision.......... 275

For each renewal of a developer’s permit............................................ 500

For each developer’s partial registration pursuant to NRS 119.121 275

 

      (b) For deposit for use by the Division in carrying out the provisions of this chapter:

 

For each application for a developer’s request for an exemption from any provision of this chapter   $500

For each application for renewal of an exemption from any provision of this chapter    500

For each penalty for a late renewal of a developer’s permit.......... 125

For each amendment to a developer’s permit.......................... [150] 300

For each penalty for the untimely filing of an amendment to a developer’s permit    125

For each filing of a Project Registration Form 649 - Statement of Project Broker    25

For each project request for processing within 5 days after a complete filing is made    1,000

 

The $500 fee for a developer’s permit per subdivision does not apply to any subdivision having 34 or fewer lots, parcels, interests or units.

      2.  At the time of the original filing, each developer shall pay an additional $5 for each lot, parcel, interest or unit in any one subdivision in excess of 50, but not exceeding 250 such lots, parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or units in any one subdivision; $3 for 501 through 750 lots, parcels, interests or units in any one subdivision; and $2.50 for all lots, parcels, interests or units in excess of 750 in any one subdivision. The developer may designate lots, parcels, interests or units it intends to offer for sale or lease in this state out of the subdivision, and the fee per lot, parcel, interest or unit is only applicable to those lots, parcels, interests or units. The units must be designated in groupings of no less than 5 contiguous units in each group, except that the Division may accept fewer upon request of the developer. If the developer determines to offer additional lots, parcels, interests or units, it shall so certify to the Division and pay the additional fee therefor.

      3.  With the exception of the fees for a registered representative’s license or transfer, the fees enumerated in this section must be reduced by the Administrator at such times as, in his or her judgment, the Administrator considers a reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.

      Sec. 3. NRS 119A.220 is hereby amended to read as follows:

      119A.220  1.  A sales agent may work for only one project broker at any one time at the location designated in the license.

 


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

ê2015 Statutes of Nevada, Page 2787 (Chapter 476, AB 478)ê

 

      2.  A project broker shall give written notice to the Division of a change of association of any sales agent associated with the project broker within 10 days after that change.

      3.  The project broker, upon the termination of the employment of any sales agent associated with the project broker, shall submit that agent’s license to the Division.

      4.  If a sales agent changes his or her association with any project broker or changes his or her location designated in the license, the sales agent must apply to the Division for the reissuance of his or her license for its unexpired term. The application must be accompanied by a fee of [$10.] $25.

      5.  A sales agent may only become associated with a project broker who certifies to the sales agent’s honesty, trustworthiness and good reputation.

      Sec. 4. NRS 119A.360 is hereby amended to read as follows:

      119A.360  1.  The Division shall collect the following fees at the time of filing:

 

For each application for the registration of a representative......... $100

For each renewal of the registration of a representative................... 100

For each transfer of the registration of a representative to a different developer    25

For each penalty for a late renewal of the registration of a representative   75

For each preliminary permit to sell time shares................................... 400

For each initial permit to sell time shares.......................................... 1,500

For each amendment to a statement of record after the issuance of the permit to sell time shares, where no new component sites are added.............................................................. 200

For each amendment to a statement of record after the issuance of the permit to sell time shares, where one or more new component sites are added, not including the addition of units to a component site previously permitted  500

For each annual renewal of a permit to sell time shares with only one component site      750

For each annual renewal of a permit to sell time shares with more than one component site  1,500

For each initial registration of a time-share resale broker................. 300

For each renewal of the registration of a time-share resale broker.. 150

For each original and annual registration of a manager................... 100

For each application for an original license as a sales agent............ 200

For each renewal of a license as a sales agent.................................... 200

For each penalty for a late renewal of a license as a sales agent.... 100

For each registration of a time share exchange company.............. 500

For each conversion to an abbreviated registration.................... 7,500

For each change of name or address of a licensee or status of a license       25

 


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

ê2015 Statutes of Nevada, Page 2788 (Chapter 476, AB 478)ê

 

For each duplicate license, permit or registration where the original is lost or destroyed, and an affidavit is made thereof............................................................................................................... $25

For each annual approval of a course of instruction offered in preparation for an original license or permit      150

For each original accreditation of a course of continuing education 150

For each renewal of accreditation of a course of continuing education 75

 

      2.  Within 10 days after receipt of written notification from the Administrator of the approval of the application for a permit to sell time shares and before the issuance of the permit to sell time shares, or within 10 days after an amendment that adds time shares to the time-share plan is approved or deemed approved, each developer shall, for each time share that the developer includes in the initial time-share plan or adds to the time-share plan by amendment, pay a one-time fee of:

      (a) For each such time share up to and including 1,499 time shares, $3.

      (b) For each such time share over 1,499 time shares, $1.50.

Ê For the purposes of calculating the amount of the fee payable under this subsection, “time share” means the right to use and occupy a unit for 7 days or more per calendar year.

      3.  All fees collected by the Division pursuant to this section must be deposited for use by the Division in carrying out the provisions of this chapter.

      4.  Except for the fees relating to the registration of a representative, the Administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      [4.]5.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

      (a) Any examination for a license, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

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

________

 


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

ê2015 Statutes of Nevada, Page 2789ê

 

CHAPTER 477, AB 480

Assembly Bill No. 480–Committee on Ways and Means

 

CHAPTER 477

 

[Approved: June 9, 2015]

 

AN ACT relating to mortgage lending; revising provisions governing the licensing and regulation of escrow agents, escrow agencies, mortgage brokers, mortgage agents and mortgage bankers; authorizing a wholesale lender from outside this State to conduct business in this State; providing for the licensure and regulation of such a wholesale lender as a mortgage broker or mortgage banker; increasing certain fees relating to escrow agents, escrow agencies, mortgage brokers, mortgage agents and mortgage bankers; requiring the Commissioner of Mortgage Lending to prescribe by regulation the requirements for the licensing, regulation and discipline of mortgage servicers; revising provisions governing the administration of the Division of Mortgage Lending of the Department of Business and Industry; revising certain provisions relating to thrift companies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Division of Mortgage Lending within the Department of Business and Industry and authorizes the Division to license and regulate escrow agents, escrow agencies, mortgage brokers, mortgage agents, mortgage bankers, foreclosure consultants and loan modification consultants. (Chapters 645A, 645B, 645E and 645F of NRS) Existing law establishes the Commissioner of Mortgage Lending, and makes the Commissioner the chief of the Division. (NRS 232.520, 645A.010)

      Sections 3-10 of this bill revise various provisions governing the licensing and regulation of escrow agents and escrow agencies. Sections 15-15.8 of this bill authorize a wholesale lender from outside this State to operate in this State as a mortgage broker. Sections 16 and 17 of this bill increase certain fees related to mortgage brokers.

      Sections 18-18.8 of this bill authorize a wholesale lender from outside this State to operate in this State as a mortgage banker. Section 19 of this bill increases certain fees related to mortgage bankers.

      Sections 86.2-86.7 of this bill provide for the licensure, regulation and discipline of mortgage servicers through regulations adopted by the Commissioner of Mortgage Lending.

      Sections 89 and 92 of this bill revise certain provisions related to the powers and duties of the Commissioner. Sections 101.3 and 101.7 revise certain provisions relating to thrift companies. Section 102 of this bill repeals two sections of existing law that are made redundant by other provisions of this bill.

 

 

 

 


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

ê2015 Statutes of Nevada, Page 2790 (Chapter 477, AB 480)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 645.8725 is hereby amended to read as follows:

      645.8725  “Escrow” has the meaning ascribed to it in [subsection 4 of] NRS 645A.010.

      Sec. 2. NRS 645.8731 is hereby amended to read as follows:

      645.8731  “Escrow agent” has the meaning ascribed to it in [subsection 6 of] NRS 645A.010.

      Sec. 3. Chapter 645A of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4. 1.  The Commissioner may require that any application, fee, fine, form or filing required pursuant to this chapter be submitted to the Commissioner through the Registry and that the applicant or licensee pay any costs associated with the use of the Registry.

      2.  All fees, assessments or penalties received by the Commissioner pursuant to this chapter are in addition to any costs or fees that may be required by the Registry and are nonrefundable. All fees, assessments and penalties received by the Commissioner pursuant to this chapter must be deposited in the Account for Mortgage Lending created by NRS 645F.270.

      Sec. 5. 1.  An escrow agent shall not act as or provide the services of an escrow agent on behalf of any escrow agency other than an escrow agency that has notified the Commissioner pursuant to subsection 2 that the escrow agent is employed by and associated with that escrow agency.

      2.  Before employing or associating with an escrow agent to administer escrows on its behalf, an escrow agency must:

      (a) File with the Commissioner, on a form and in a manner prescribed by the Commissioner, a request to associate with the escrow agent; and

      (b) Pay the fee required by NRS 645A.040.

      3.  An escrow agent shall not associate or begin employment with an escrow agency until the Commissioner has provided notice to the escrow agency of acceptance of the request to associate with the escrow agent.

      4.  An escrow agent shall not directly or indirectly receive any compensation, remuneration or fees related to the business of administering escrows from any escrow agency that the escrow agent is not associated with and employed by pursuant to this section.

      Sec. 6. NRS 645A.010 is hereby amended to read as follows:

      645A.010  As used in this chapter, unless the context otherwise requires:

      1.  “Business of administering escrows” or “administering escrows” means the process of managing, conducting or supervising an escrow or escrow-related transaction as an escrow agent or escrow agency.

      2.  “Client” means a person that has engaged an escrow agent or escrow agency to administer an escrow related to a transaction.

      3.  “Commissioner” means the Commissioner of Mortgage Lending.

      [2.]4.  “Construction control” has the meaning ascribed to it in NRS 627.050.

      [3.]5.  “Control person” means an executive officer, director, general partner, trustee, member or shareholder of an applicant or a licensee, or a person, who has the authority to participate in the direction, directly or indirectly through one or more other persons, of the management or policies of an applicant or a licensee.

 


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

ê2015 Statutes of Nevada, Page 2791 (Chapter 477, AB 480)ê

 

directly or indirectly through one or more other persons, of the management or policies of an applicant or a licensee.

      6.  “Division” means the Division of Mortgage Lending of the Department of Business and Industry.

      [4.]7.  “Escrow” means any transaction wherein one person, for the purpose of effecting or closing the sale, purchase, exchange, transfer, encumbering or leasing of real or personal property to another person [,] or persons, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by such third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by such third person , in compliance with instructions under which he or she is to act, to a grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor or any agent or employee [of any of the latter.] thereof. The term includes [the collection of payments and the performance of related services by a third person in connection with a loan secured by a lien on real property and] the performance of the services of a construction control.

      [5.]8.  “Escrow agency” means:

      (a) Any person who employs one or more escrow agents; or

      (b) An escrow agent who administers escrows on his or her own behalf.

      [6.]9.  “Escrow agent” means any natural person employed by and associated with an escrow agency engaged in the business of administering escrows for compensation.

      10.  “Registry” has the meaning ascribed to it in NRS 645B.0128.

      Sec. 7. NRS 645A.015 is hereby amended to read as follows:

      645A.015  [The provisions of this chapter do not apply to:]

      1.  Except as otherwise provided in subsection 2, it shall be unlawful for any person to engage in or carry on, or hold himself or herself out as engaging in or carrying on, the business of administering escrows or to act in the capacity of an escrow agent or escrow agency within this State or with respect to any transaction involving real or personal property located in this State without first obtaining a license as an escrow agent or escrow agency issued by the Commissioner pursuant to the requirements of this chapter.

      2.  The licensing requirements of this chapter do not apply to:

      (a) Any person [:

      (a) Doing] doing business under the laws of this State or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies or industrial loan companies; [or]

      (b) [Licensed] Any person licensed pursuant to chapter 692A of NRS [.

      2.  An attorney at law rendering services in the performance of his or her duties as attorney at law, except an attorney actively engaged in conducting an escrow agency.

      3.];

      (c) Any person licensed to practice law in this State if:

             (1) The escrow transaction is performed by the attorney while engaged in the practice of law, or by employees of the law firm under the direct supervision of the attorney while engaged in the practice of law;

             (2) The escrow transaction is performed under the name of a person or entity identified and operated as a law firm; and

 


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

ê2015 Statutes of Nevada, Page 2792 (Chapter 477, AB 480)ê

 

             (3) Any money provided to the attorney related to the escrow, other than money designated for attorney’s fees and costs, is deposited into, maintained within and disbursed from a client trust account that complies with rules of this State governing the conduct of attorneys;

      (d) Any firm or corporation which lends money on real or personal property and is subject to licensing, supervision or auditing by an agency of the United States or of this State [.

      4.]; or

      (e) Any person doing any act under order of any court.

      3.  As used in this section, “law firm” has the meaning ascribed to it in NRS 38.435.

      Sec. 8. NRS 645A.020 is hereby amended to read as follows:

      645A.020  1.  [A person who wishes to be licensed as an escrow agent or agency must file a written application in the Office of the Commissioner.] An application for, or renewal of, a license as an escrow agency or escrow agent shall be made in writing to the Commissioner on a form and in a manner prescribed by the Commissioner.

      2.  [The application must:

      (a) Be verified.

      (b) Be accompanied by the appropriate fee prescribed in NRS 645A.040.

      (c) State the location of the applicant’s principal office and branch offices in the State and residence address.

      (d) State the name under which the applicant will conduct business.

      (e) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each.

      (f) Indicate the general plan and character of the business.

      (g) State the length of time the applicant has been engaged in the escrow business.

      (h) Require a financial statement of the applicant.

      (i) Require such other information as the Commissioner determines necessary.

      (j) If for an escrow agency, designate a natural person to receive service of process in this State for the agency.

      (k) Include a complete set of the fingerprints of the applicant or, if the applicant is not a natural person, a complete set of the fingerprints of each person who will have an interest in the escrow agency as a principal, partner, officer, director or trustee, and written permission authorizing the Division 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.

      (l) Include all information required to complete the application.] An applicant shall include in an application for an initial license:

      (a) Any application fee required pursuant to NRS 645A.040;

      (b) All content required to be included in the application by the Commissioner;

      (c) Written consent authorizing the Commissioner to conduct a background investigation of the applicant and, if applicable, each control person of the applicant, including, without limitation, authorization to obtain:

 


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

ê2015 Statutes of Nevada, Page 2793 (Chapter 477, AB 480)ê

 

             (1) An independent credit report from a consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f);

             (2) A criminal history report from the Federal Bureau of Investigation or any criminal history repository of any state, national or international governmental agency or entity; and

             (3) Information related to any administrative, civil or criminal proceedings in any jurisdiction in which the applicant, or a control person of the applicant, is or has been a party;

      (d) A complete set of fingerprints of the applicant or, if the applicant is not a natural person, a complete set of fingerprints of each control person of the applicant to forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (e) Any other information required by this chapter, the Commissioner, an order of the Commissioner or requested in connection with the evaluation and investigation of the qualifications and suitability of the applicant for licensure.

      3.  The applicant shall include in an application for renewal of an existing license:

      (a) Any renewal fee required pursuant to NRS 645A.040;

      (b) All content required by the Commissioner in the application form; and

      (c) Any other information required by this chapter, the Commissioner, an order of the Commissioner or requested in connection with the evaluation and investigation of the qualifications and suitability of the applicant for licensure.

      4.  If the Commissioner determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant , or the control persons of the applicant, are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, the Commissioner shall issue or renew a license to the applicant as an escrow agent or escrow agency.

      [4.  The Commissioner may waive the investigation required by subsection 3 if the applicant submits with the application satisfactory proof that the applicant, in good standing, currently holds a license, or held a license, within 1 year before the date the applicant submits his or her application, which was issued pursuant to the provisions of NRS 692A.103.]

      5.  An [escrow agent or agency shall immediately notify] applicant for a license, and a licensee upon the issuance or renewal of a license, shall have a continuing obligation to provide written notification to the Division of any material change in the information contained in the application [.] for an initial license or renewal of an existing license.

      6.  A person may not be licensed as an escrow agent or agency or be a [principal, partner, officer, director or trustee] control person of an escrow agency if the person is the holder of an active license issued pursuant to chapter 645 of NRS.

      7.  If the Commissioner finds that additional information is required to consider the application, the Commissioner shall send a letter to the applicant which specifies the additional requirements that the applicant must satisfy within 30 days after receiving the letter to obtain a license. If the applicant does not satisfy all additional requirements set forth in the letter within 30 days after receipt of the letter, the application will be deemed to have been denied, and the applicant must reapply to obtain a license.

 


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

ê2015 Statutes of Nevada, Page 2794 (Chapter 477, AB 480)ê

 

does not satisfy all additional requirements set forth in the letter within 30 days after receipt of the letter, the application will be deemed to have been denied, and the applicant must reapply to obtain a license. The Commissioner may, for good cause, extend the 30-day period prescribed in this subsection.

      Sec. 9. NRS 645A.032 is hereby amended to read as follows:

      645A.032  1.  The Division shall issue to each licensee a license which:

      (a) Shows the name and address of the licensee, and in the case of an escrow agent, the name of the licensed escrow agency with whom the escrow agent will be employed and associated [.] ; and

      (b) [Has imprinted thereon the seal of the Division.

      (c)] Contains any additional [matter] information prescribed by the [Division.] Commissioner.

      2.  No escrow agent may be associated with [or] and employed by more than one escrow agency at the same time.

      Sec. 10. NRS 645A.036 is hereby amended to read as follows:

      645A.036  1.  Every escrow agency shall maintain a definite place of business , [within the State,] which must be a room or rooms used for the transaction of escrows, or such business and any allied businesses, and which must serve as the office for the transaction of business pursuant to the authority granted in the license.

      2.  The place of business must be specified in the application for the license and so designated on the license.

      3.  A license does not authorize the licensee to transact business from any office other than that designated in the license.

      Sec. 11. (Deleted by amendment.)

      Sec. 11.5. NRS 645A.041 is hereby amended to read as follows:

      645A.041  1.  Except as otherwise provided in NRS 645A.042, as a condition to doing business in this State, each escrow agency shall deposit with the Commissioner and keep in full force and effect a corporate surety bond payable to the State of Nevada, in the amount set forth in subsection 4, which is executed by a corporate surety satisfactory to the Commissioner and which names as principals the escrow agency and all escrow agents employed by [or] and associated with the escrow agency.

      2.  At the time of filing an application for a license as an escrow agent, the applicant shall file with the Commissioner proof that the applicant is named as a principal on the corporate surety bond deposited with the Commissioner by the escrow agency with whom he or she is associated [or] and employed.

      3.  The bond must be in substantially the following form:

 

       Know All Persons by These Presents, that ........................, as principal, and ........................, as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any person who suffers damages because of a violation of any of the provisions of chapter 645A of NRS, in the sum of ............, lawful money of the United States, to be paid to the State of Nevada for such use and benefit, for which payment well and truly to be made, and that we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

 


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

ê2015 Statutes of Nevada, Page 2795 (Chapter 477, AB 480)ê

 

       The condition of that obligation is such that: Whereas, the principal has been issued a license as an escrow agency or escrow agent by the Commissioner of Mortgage Lending of the Department of Business and Industry of the State of Nevada and is required to furnish a bond, which is conditioned as set forth in this bond:

       Now, therefore, if the principal, his or her agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645A of NRS, and pay all damages suffered by any person because of a violation of any of the provisions of chapter 645A of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645A of NRS, then this obligation is void; otherwise it remains in full force.

       This bond becomes effective on the ..........(day) of ................(month) of ......(year), and remains in force until the surety is released from liability by the Commissioner of Mortgage Lending or until this bond is cancelled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 60 days’ written notice to the principal and to the Commissioner of Mortgage Lending of the Department of Business and Industry of the State of Nevada.

       In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its authorized officers at ........................, Nevada, this .............(day) of ................(month) of ...….(year).

 

                                           ....................................................................... (Seal)

                                                                        Principal

                                           ....................................................................... (Seal)

                                                                          Surety

                                                By.......................................................................

                                                                           Attorney-in-fact

                                                     .......................................................................

                                                          Nevada Licensed Insurance Agent

 

      4.  Each escrow agency shall deposit a corporate surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of NRS 645A.042 in the following amount based upon the average monthly balance of the trust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160:

 

AVERAGE MONTHLY BALANCE                AMOUNT OF BOND OR

                                                                                 SECURITY REQUIRED

$50,000 or less.................................................................................. $20,000

More than $50,000 but not more than $250,000......................... 50,000

More than $250,000 but not more than $500,000.................... 100,000

More than $500,000 but not more than $750,000.................... 150,000

More than $750,000 but not more than $1,000,000................. 200,000

More than $1,000,000..................................................................... 250,000

 

The Commissioner shall determine the appropriate amount of the surety bond or substitute form of security that must be deposited initially by the escrow agency based upon the expected average monthly balance of the trust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160.

 


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

ê2015 Statutes of Nevada, Page 2796 (Chapter 477, AB 480)ê

 

escrow agency based upon the expected average monthly balance of the trust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160. After the initial deposit, the Commissioner shall, on a semiannual basis, determine the appropriate amount of the surety bond or substitute form of security that must be deposited by the escrow agency based upon the average monthly balance of the trust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160.

      5.  A bond used to satisfy the requirements of NRS 627.180 or a substitute for that bond which satisfies the requirements of NRS 627.183 may be used to satisfy the requirements of this section if:

      (a) The amount required by NRS 627.180 for a bond is not less than the amount required by this section for a bond; or

      (b) The amount required by NRS 627.180 for a bond is less than the amount required by this section for a bond, and the escrow agency deposits an additional bond in an amount not less than the difference between the amount required by NRS 627.180 and the amount required by this section.

      Sec. 11.7. NRS 645A.196 is hereby amended to read as follows:

      645A.196  1.  Whenever an escrow agent terminates, for any reason, his or her employment with the escrow agency with whom the escrow agent was associated, the escrow agency shall:

      (a) Immediately deliver or send by certified mail to the Division the escrow agent’s license, together with a written statement of the circumstances surrounding the termination.

      (b) At the time of delivering or mailing the license to the Division, address a communication to the last known residence address of the escrow agent, advising the escrow agent that his or her license has been delivered or mailed to the Division. A copy of the communication must accompany the license when delivered or mailed to the Division.

      2.  An escrow agent shall not perform either directly or indirectly any act for which a license is required pursuant to this chapter:

      (a) On or after the date the Division receives the escrow agent’s license from the escrow agency until the license is transferred or reissued or until a new license is issued.

      (b) Without being associated with [or] and employed by a licensed escrow agency.

      Sec. 12. NRS 645A.221 is hereby amended to read as follows:

      645A.221  If a person, or any general partner, director, officer, agent or employee of a person, violates the provisions of NRS [645A.210] 645A.015 or 645A.220:

      1.  Any contracts entered into by that person for the escrow transaction are voidable by the other party to the contract; and

      2.  In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $50,000.

      Sec. 13. NRS 645A.222 is hereby amended to read as follows:

      645A.222  In addition to any other remedy or penalty, if a person violates the provisions of NRS [645A.210] 645A.015 or 645A.220, the respective parties to the escrow transaction may bring a civil action against the person for:

      1.  Actual and consequential damages;

      2.  Punitive damages, which are subject to the provisions of NRS 42.005;

      3.  Reasonable attorney’s fees and costs; and

 


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

ê2015 Statutes of Nevada, Page 2797 (Chapter 477, AB 480)ê

 

      4.  Any other legal or equitable relief that the court deems appropriate.

      Sec. 14. NRS 645A.230 is hereby amended to read as follows:

      645A.230  Any person who violates:

      1.  NRS 645A.015, 645A.160 [, 645A.210] or 645A.220 is guilty of a gross misdemeanor.

      2.  Any other provision of this chapter is guilty of a misdemeanor.

      Sec. 15. Chapter 645B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Wholesale lender” means a person who:

      1.  Holds himself or herself out:

      (a) For hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;

      (b) As being able to make loans secured by liens on real property; or

      (c) As being able to buy or sell notes secured by liens on real property; and

      2.  Does not directly:

      (a) Take or receive an application from a borrower for a loan which will be secured by a lien on real property; or

      (b) Negotiate any terms with a borrower relating to a loan which will be secured by a lien on real property.

      Sec. 15.4. NRS 645B.010 is hereby amended to read as follows:

      645B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645B.0104 to 645B.0135, inclusive, and section 15 of this act have the meanings ascribed to them in those sections.

      Sec. 15.6.NRS 645B.0127 is hereby amended to read as follows:

      645B.0127  1.  “Mortgage broker” means a person who, directly or indirectly:

      (a) Holds himself or herself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;

      (b) Holds himself or herself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;

      (c) Holds himself or herself out as being able to make loans secured by liens on real property;

      (d) Holds himself or herself out as being able to buy or sell notes secured by liens on real property; or

      (e) Offers for sale in this State any security which is exempt from registration under state or federal law and purports to make investments in promissory notes secured by liens on real property.

      2.  The term includes a wholesale lender.

      3.  The term does not include a person who is licensed as a mortgage banker, as defined in NRS 645E.100, unless the person is also licensed as a mortgage broker pursuant to this chapter.

      Sec. 15.8.NRS 645B.020 is hereby amended to read as follows:

      645B.020  1.  A person who wishes to be licensed as a mortgage broker must file a written application for a license with the Office of the Commissioner and pay the fee required pursuant to NRS 645B.050. The Commissioner may require the applicant or person to submit the information or pay the fee directly to the Division or, if the applicant or person is required to register or voluntarily registers with the Registry, to the Division through the Registry. An application for a license as a mortgage broker must:

 


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

ê2015 Statutes of Nevada, Page 2798 (Chapter 477, AB 480)ê

 

      (a) State the name, residence address and business address of the applicant and , if the applicant is a mortgage broker other than a wholesale lender, the location of each principal office and branch office at which the mortgage broker will conduct business within this State . [, including, without limitation,]

      (b) State the location of any principal office, office or other place of business located outside this State from which the mortgage broker will conduct business in this State and any office or other place of business which the applicant maintains as a corporate or home office.

      [(b)](c) State the name under which the applicant will conduct business as a mortgage broker.

      [(c)](d) List the name, residence address and business address of each person who will:

             (1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.

             (2) Be associated with or employed by the mortgage broker as a mortgage agent.

      [(d)](e) Include a general business plan and a description of the policies and procedures that the mortgage broker and his or her mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.

      [(e)](f) State the length of time the applicant has been engaged in the business of a mortgage broker.

      [(f)](g) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.

      [(g)](h) Include all information required to complete the application.

      [(h)](i) Unless fingerprints were submitted to the Registry for the person, include a complete set of fingerprints for each natural person who is a principal, partner, officer, director or trustee of the applicant which the Division may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      [(i)](j) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.

      2.  If a mortgage broker will conduct business in this State at one or more branch offices, the mortgage broker must apply for a license for each such branch office.

      3.  Except as otherwise provided by law, the Commissioner shall issue a license to an applicant as a mortgage broker if:

      (a) The application is verified by the Commissioner and complies with the requirements of this chapter; and

      (b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

             (1) Has demonstrated financial responsibility, character and general fitness so as to command the confidence of the community and warrant a determination that the applicant will operate honestly, fairly and efficiently for the purposes of this chapter.

 


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

ê2015 Statutes of Nevada, Page 2799 (Chapter 477, AB 480)ê

 

             (2) Has not been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering.

             (3) Has not made a false statement of material fact on the application.

             (4) Has never had a license or registration as a mortgage agent, mortgage banker, mortgage broker or residential mortgage loan originator revoked in this State or any other jurisdiction or had a financial services license revoked within the immediately preceding 10 years.

             (5) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.

      4.  A person may apply for a license for an office or other place of business located outside this State from which the applicant will conduct business in this State if the applicant has a license issued pursuant to this chapter for an office or other place of business located in this State [,] or if the applicant will conduct business in this State only as a wholesale lender, and the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:

      (a) Make available electronically or at a location within this State the books, accounts, papers, records and files of the office or place of business located outside this State to the Commissioner or a representative of the Commissioner; or

      (b) Pay the reasonable expenses for travel, meals and lodging of the Commissioner or a representative of the Commissioner incurred during any investigation or examination made at the office or place of business located outside this State.

Ê The applicant must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.

      Sec. 16. NRS 645B.050 is hereby amended to read as follows:

      645B.050  1.  A license as a mortgage broker issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew such a license, the licensee must submit to the Commissioner on or after November 1 and on or before December 31 of each year, or on a date otherwise specified by the Commissioner by regulation:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section;

      (c) The information required pursuant to NRS 645B.051; and

      (d) All information required by the Commissioner or, if applicable, required by the Registry to complete the renewal.

      2.  If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, unless a different date is specified by the Commissioner by regulation, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner on or before February 28 of the following year:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section;

      (c) The information required pursuant to NRS 645B.051;

      (d) Except as otherwise provided in this section, a reinstatement fee of not more than $200; and

      (e) All information required to complete the reinstatement.

 


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

ê2015 Statutes of Nevada, Page 2800 (Chapter 477, AB 480)ê

 

      3.  Except as otherwise provided in NRS 645B.016, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or after November 1 and on or before December 31 of each year or on a date otherwise specified by the Commissioner by regulation:

      (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter; and

      (b) The fee required to renew the certificate of exemption.

      4.  If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or after November 1 and on or before December 31 of any year, unless a different date is specified by the Commissioner by regulation, the certificate of exemption is cancelled as of December 31 of that year. Except as otherwise provided in NRS 645B.016, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner on or before February 28 of the following year:

      (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter;

      (b) The fee required to renew the certificate of exemption; and

      (c) Except as otherwise provided in this section, a reinstatement fee of not more than $100.

      5.  Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage broker pursuant to this chapter:

      (a) To file an original application for a license, not more than $1,500 for the principal office and not more than [$40] $400 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      (b) To be issued a license, not more than $1,000 for the principal office and not more than [$60] $100 for each branch office.

      (c) To renew a license, not more than $500 for the principal office and not more than $100 for each branch office.

      6.  Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:

      (a) To file an application for a certificate of exemption, not more than $200.

      (b) To renew a certificate of exemption, not more than $100.

      7.  To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of not more than $10.

      8.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter are in addition to any fee required to be paid to the Registry and must be deposited in the Account for Mortgage Lending created by NRS 645F.270.

      9.  The Commissioner may, by regulation, adjust any fee or date set forth in this section if the Commissioner determines that such an adjustment is necessary for the Commissioner to carry out his or her duties pursuant to this chapter. The amount of any adjustment in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his or her duties pursuant to this chapter.

 


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

ê2015 Statutes of Nevada, Page 2801 (Chapter 477, AB 480)ê

 

subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his or her duties pursuant to this chapter.

      10.  The Commissioner may require a licensee to submit an item or pay a fee required by this section directly to the Commissioner or, if the licensee is required to register or voluntarily registers with the Registry, to the Commissioner through the Registry.

      Sec. 17. NRS 645B.430 is hereby amended to read as follows:

      645B.430  1.  A license as a mortgage agent issued pursuant to NRS 645B.410 expires each year on December 31, unless it is renewed. To renew a license as a mortgage agent, the holder of the license must continue to meet the requirements of subsection 3 of NRS 645B.410 and must submit to the Commissioner on or after November 1 and on or before December 31 of each year, or on a date otherwise specified by the Commissioner by regulation:

      (a) An application for renewal;

      (b) Except as otherwise provided in this section, satisfactory proof that the holder of the license as a mortgage agent attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires; and

      (c) A renewal fee set by the Commissioner of not more than $170.

      2.  In lieu of the continuing education requirement set forth in paragraph (b) of subsection 1, the holder of a license as a mortgage agent who, pursuant to subsection 1 of NRS 645F.267, is not required to register or renew with the Registry and who has not voluntarily registered or renewed with the Registry must submit to the Commissioner satisfactory proof that he or she attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires. The hours of continuing education required by this subsection must include:

      (a) At least 3 hours relating to the laws and regulations of this State; and

      (b) At least 2 hours relating to ethics.

      3.  If the holder of the license as a mortgage agent fails to submit any item required pursuant to subsection 1 or 2 to the Commissioner on or after November 1 and on or before December 31 of any year, unless a different date is specified by the Commissioner by regulation, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the holder of the license submits to the Commissioner on or before February 28 of the following year:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section; and

      (c) A reinstatement fee of $75.

      4.  To change the mortgage broker with whom the mortgage agent is associated, a person must pay a fee [of $10.] in an amount prescribed by regulation of the Commissioner, not to exceed $50.

      5.  Money received by the Commissioner pursuant to this section is in addition to any fee that must be paid to the Registry and must be deposited in the Account for Mortgage Lending created by NRS 645F.270.

      6.  The Commissioner may require a licensee to submit an item or pay a fee required by this section directly to the Division or, if the licensee is required to register or voluntarily registers with the Registry, to the Division through the Registry.

 


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

ê2015 Statutes of Nevada, Page 2802 (Chapter 477, AB 480)ê

 

      7.  Nothing in this section shall be construed as preventing the Commissioner from renewing the license of a mortgage agent who does not satisfy the criteria set forth in paragraph (e) of subsection 1 of NRS 645B.410 at the time of the application for renewal.

      8.  As used in this section, “certified course of continuing education” has the meaning ascribed to it in NRS 645B.051.

      Sec. 18. Chapter 645E of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  “Wholesale lender” means a person who:

      (a) Directly or indirectly holds himself or herself out as being able to:

             (1) Buy or sell notes secured by liens on real property; or

             (2) Make loans secured by liens on real property using his or her own money;

      (b) Does not directly:

             (1) Take or receive an application from a borrower for a loan which will be secured by a lien on real property; or

             (2) Negotiate any terms with a borrower relating to a loan which will be secured by a lien on real property; and

      (c) Does not engage in any other act or transaction described in NRS 645B.0127, unless the person is also licensed as a mortgage broker pursuant to chapter 645B of NRS.

      2.  For the purposes of this section, a person does not make a loan secured by a lien on real property using his or her own money if any portion of the money that is used to make the loan is provided by another person who acquires ownership of or a beneficial interest in the loan.

      Sec. 18.4. NRS 645E.010 is hereby amended to read as follows:

      645E.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645E.020 to 645E.105, inclusive, and section 18 of this act have the meanings ascribed to them in those sections.

      Sec. 18.6.NRS 645E.100 is hereby amended to read as follows:

      645E.100  1.  “Mortgage banker” means any of the following:

      (a) A person who, directly or indirectly:

             (1) Holds himself or herself out as being able to:

                   (I) Buy or sell notes secured by liens on real property; or

                   (II) Make loans secured by liens on real property using his or her own money; and

             (2) Does not engage in any other act or transaction described in the definition of “mortgage broker,” as set forth in NRS 645B.0127, unless the person is also licensed as a mortgage broker pursuant to chapter 645B of NRS.

      (b) A person who, directly or indirectly:

             (1) Negotiates, originates or makes or offers to negotiate, originate or make commercial mortgage loans as an agent for or on behalf of an institutional investor; and

             (2) Does not engage in any other act or transaction described in the definition of “mortgage broker,” as set forth in NRS 645B.0127, unless the person is also licensed as a mortgage broker pursuant to chapter 645B of NRS.

      2.  The term includes a wholesale lender.

 


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

ê2015 Statutes of Nevada, Page 2803 (Chapter 477, AB 480)ê

 

      3.  For the purposes of this section, a person does not make a loan secured by a lien on real property using his or her own money if any portion of the money that is used to make the loan is provided by another person who acquires ownership of or a beneficial interest in the loan.

      Sec. 18.8.  NRS 645E.200 is hereby amended to read as follows:

      645E.200  1.  A person who wishes to be licensed as a mortgage banker must file a written application for a license with the Office of the Commissioner and pay the fee required pursuant to NRS 645E.280. An application for a license as a mortgage banker must:

      (a) Be verified.

      (b) State the name, residence address and business address of the applicant and , if the applicant is a mortgage banker other than a wholesale lender, the location of each principal office and branch office at which the mortgage banker will conduct business in this State . [, including, without limitation,]

      (c) State the location of any principal office, office or other place of business located outside this State from which the mortgage banker will conduct business in this State and any office or other place of business which the applicant maintains as a corporate or home office.

      [(c)](d) State the name under which the applicant will conduct business as a mortgage banker.

      [(d)](e) If the applicant is not a natural person, list the name, residence address and business address of each person who will have an interest in the mortgage banker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.

      [(e)](f) Indicate the general plan and character of the business.

      [(f)](g) State the length of time the applicant has been engaged in the business of a mortgage banker.

      [(g)](h) Include a financial statement of the applicant.

      [(h)](i) Include a complete set of fingerprints for each natural person who is a principal, partner, officer, director or trustee of the applicant which the Division may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      [(i)](j) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.

      2.  If a mortgage banker will conduct business in this State at one or more branch offices, the mortgage banker must apply for a license for each such branch office.

      3.  Except as otherwise provided by law, the Commissioner shall issue a license to an applicant as a mortgage banker if:

      (a) The application is verified by the Commissioner and complies with the requirements of this chapter, other applicable law and, if applicable, the Registry; and

      (b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

             (1) Has demonstrated financial responsibility, character and general fitness so as to command the confidence of the community and warrant a determination that the applicant will operate honestly, fairly and efficiently for the purposes of this chapter. For the purposes of this subparagraph, the factors considered in determining whether a person has demonstrated financial responsibility include, without limitation:

 


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

ê2015 Statutes of Nevada, Page 2804 (Chapter 477, AB 480)ê

 

factors considered in determining whether a person has demonstrated financial responsibility include, without limitation:

                   (I) Whether the person’s personal credit history indicates any adverse material items, including, without limitation, liens, judgments, disciplinary action, bankruptcies, foreclosures or failures to comply with court-approved payment plans;

                   (II) The circumstances surrounding any adverse material items in the person’s personal credit history; and

                   (III) Any instance of fraud, misrepresentation, dishonest business practices, the mishandling of trust funds or other types of comparable behavior.

             (2) Has not been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering.

             (3) Has not made a false statement of material fact on the application.

             (4) Has never had a license or registration as a mortgage agent, mortgage banker, mortgage broker or residential mortgage loan originator revoked in this State or any other jurisdiction or had a financial services license revoked within the immediately preceding 10 years.

             (5) Has not violated any provision of this chapter or chapter 645B of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.

      4.  If an applicant is a partnership, corporation or unincorporated association, the Commissioner may refuse to issue a license to the applicant if any member of the partnership or any officer or director of the corporation or unincorporated association has committed any act or omission that would be cause for refusing to issue a license to a natural person.

      5.  A person may apply for a license for an office or other place of business located outside this State from which the applicant will conduct business in this State if the applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this State or if the applicant will conduct business in this State only as a wholesale lender, and [if] the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:

      (a) Make available electronically or at a location within this State the books, accounts, papers, records and files of the office or place of business located outside this State to the Commissioner or a representative of the Commissioner; or

      (b) Pay the reasonable expenses for travel, meals and lodging of the Commissioner or a representative of the Commissioner incurred during any investigation or examination made at the office or place of business located outside this State.

Ê The applicant must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.

      Sec. 19. NRS 645E.280 is hereby amended to read as follows:

      645E.280  1.  A license issued to a mortgage banker pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a license, the licensee must submit to the Commissioner on or after November 1 and on or before December 31 of each year, or on a date otherwise specified by the Commissioner by regulation:

 


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

ê2015 Statutes of Nevada, Page 2805 (Chapter 477, AB 480)ê

 

      (a) An application for renewal that complies with the requirements of this chapter;

      (b) The fee required to renew the license pursuant to this section; and

      (c) All information required by the Commissioner or, if applicable, required by the Registry to complete the renewal.

      2.  If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, unless a different date is specified by the Commissioner by regulation, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner on or before February 28 of the following year:

      (a) An application for renewal that complies with the requirements of this chapter;

      (b) The fee required to renew the license pursuant to this section;

      (c) Except as otherwise provided in this section, a reinstatement fee of not more than $200; and

      (d) All information required to complete the reinstatement.

      3.  Except as otherwise provided in NRS 645E.160, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or after November 1 and on or before December 31 of each year, or on a date otherwise specified by the Commissioner by regulation:

      (a) An application for renewal that complies with the requirements of this chapter; and

      (b) The fee required to renew the certificate of exemption.

      4.  If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or after November 1 and on or before December 31 of any year, unless a different date is specified by the Commissioner by regulation, the certificate of exemption is cancelled. Except as otherwise provided in NRS 645E.160, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner on or before February 28 of the following year:

      (a) An application for renewal that complies with the requirements of this chapter;

      (b) The fee required to renew the certificate of exemption; and

      (c) Except as otherwise provided in this section, a reinstatement fee of not more than $100.

      5.  Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage banker pursuant to this chapter:

      (a) To file an original application for a license, not more than $1,500 for the principal office and not more than [$40] $400 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      (b) To be issued a license, not more than $1,000 for the principal office and not more than [$60] $100 for each branch office.

      (c) To renew a license, not more than $500 for the principal office and not more than $100 for each branch office.

      6.  Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:

 


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

ê2015 Statutes of Nevada, Page 2806 (Chapter 477, AB 480)ê

 

      (a) To file an application for a certificate of exemption, not more than $200.

      (b) To renew a certificate of exemption, not more than $100.

      7.  To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of not more than $10.

      8.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter are in addition to any fee required to be paid to the Registry and must be deposited in the Account for Mortgage Lending created by NRS 645F.270.

      9.  The Commissioner may, by regulation, adjust any fee set forth in this section if the Commissioner determines that such an adjustment is necessary for the Commissioner to carry out his or her duties pursuant to this chapter. The amount of any adjustment in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his or her duties pursuant to this chapter.

      10.  The Commissioner may require a licensee to submit an item or pay a fee required by this section directly to the Division or, if the licensee is required to register or voluntarily registers with the Registry, to the Division through the Registry.

      Sec. 20. Chapter 645F of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 86.7, inclusive, of this act.

      Secs. 21-86.  (Deleted by amendment.)

      Sec. 86.2.  “Mortgage servicer” means a person who directly services a mortgage loan, or who is responsible for interacting with a borrower, managing a loan account on a daily basis, including, without limitation, collecting and crediting periodic loan payments, managing any escrow account or enforcing the note and security instrument, either as the current owner of the promissory note or as the authorized agent of the current owner of the promissory note. The term includes a person providing such services by contract as a subservicing agent to a master servicer by contract. The term does not include a trustee under a deed of trust, or the trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust.

      Sec. 86.3.  Except as otherwise provided in section 86.7 of this act, a person shall not engage in the business of a mortgage servicer or hold himself or herself out as a mortgage servicer in this State without a license issued pursuant to this chapter.

      Sec. 86.4.  1.  The Commissioner:

      (a) Shall adopt regulations establishing the requirements for the licensure and supervision of mortgage servicers in this State.

      (b) May adopt any other regulations necessary to carry out the provisions of sections 86.3 to 86.7, inclusive, of this act.

      2.  The regulations adopted pursuant to subsection 1 must:

      (a) Prescribe the form and contents of an application for the initial issuance and renewal of a license as a mortgage servicer.

      (b) Prescribe the manner in which an application may be approved or denied.

      (c) Prescribe the grounds and procedures for the revocation, suspension, denial or nonrenewal of a license.

      (d) Establish reasonable fees for an application, the initial issuance of a license and the renewal of a license.

 


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

ê2015 Statutes of Nevada, Page 2807 (Chapter 477, AB 480)ê

 

      (e) Establish the manner in which the Commissioner may take appropriate disciplinary action, including, without limitation, the imposition of an administrative fine, against any person for a violation of any regulation adopted pursuant to subsection 1 or any provision of sections 86.3 to 86.7, inclusive, of this act.

      Sec. 86.5.  1.  A mortgage servicer shall comply with:

      (a) The relevant provisions of 12 C.F.R. Part 1024, commonly known as Regulation X, and 12 C.F.R. Part 1026, commonly known as Regulation Z, as those regulations are amended by the Final Servicing Rules issued by the Consumer Financial Protection Bureau in 78 Federal Register 10696 and 10902 on February 14, 2013, and any amendments thereto.

      (b) Any other applicable federal or state law or regulation or any order of the Commissioner.

      2.  The Commissioner shall conduct any examination or investigation of a mortgage servicer or applicant for the issuance of a license as a mortgage servicer as may be necessary to ensure compliance with the provisions of sections 86.3 to 86.7, inclusive, of this act, and any regulations adopted pursuant thereto.

      3.  If the Commissioner, upon examination or investigation of a mortgage servicer or applicant for the issuance of a license as a mortgage servicer, determines that the mortgage servicer or applicant has violated any applicable provision of section 86.3 to 86.7, inclusive, of this act, or any regulations adopted pursuant thereto, the Commissioner may take such disciplinary action against the mortgage servicer or applicant as may be authorized by regulation of the Commissioner.

      Sec. 86.6.  1.  Except as otherwise provided in NRS 645F.267 and 645F.293, the Commissioner shall require a person to submit to the Commissioner through the Registry:

      (a) An application for the initial issuance or the renewal of a license as a mortgage servicer, including any fees related to the issuance or renewal of a license.

      (b) Any form or filing that a mortgage servicer is otherwise required to submit to the Commissioner.

      (c) Any administrative fine assessed against the person pursuant to the regulations adopted pursuant to section 86.4 of this act.

      (d) Any costs associated with the submittal of any document, information, fee or fine through the Registry.

      2.  Any fees and costs received pursuant to subsection 1 are nonrefundable.

      3.  Except as otherwise provided in this chapter, all fees and costs received pursuant to sections 86.3 to 86.7, inclusive, of this act are in addition to any fee or cost required to be paid to the Registry and must be deposited in the Account for Mortgage Lending created by NRS 645F.270.

      Sec. 86.7.  The provisions of sections 86.3 to 86.7, inclusive, of this act do not apply to:

      1.  A depository financial institution, as that term is defined in NRS 645E.060, or any subsidiary or holding company of a depository financial institution if such entity maintains its principal place of business or a branch office in this State.

 


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

ê2015 Statutes of Nevada, Page 2808 (Chapter 477, AB 480)ê

 

      2.  A real estate investment trust, as that term is defined in 26 U.S.C. § 856(a), unless the business conducted by the trust in this State is not subject to supervision by the appropriate regulatory body of a jurisdiction outside of this State.

      3.  Any trustee of an employee benefit plan, as that term is defined in 29 U.S.C. § 1002(3), who makes a residential mortgage loan directly from money in the plan.

      4.  An attorney who is licensed in this State and who does not engage in the business of, or otherwise hold himself or herself out as being able to provide services related to, a mortgage servicer, if the activities of the attorney are directly incidental to the representation of a client.

      5.  A person performing any act pursuant to a court order.

      6.  A federal or state agency or a political subdivision of this State, including, without limitation, the Public Employees’ Retirement System.

      7.  A nonprofit organization that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

      8.  A mortgage servicer that, in the aggregate with any affiliates, services not more than 10 residential mortgage loans in this State during a calendar year.

      9.  A person licensed pursuant to the provisions of chapter 645B, 645E or 675 of NRS who is collecting payments on a mortgage loan or servicing one or more mortgage loans made or arranged by the person under his or her license.

      Sec. 87. NRS 645F.010 is hereby amended to read as follows:

      645F.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645F.020 to 645F.065, inclusive, and section 86.2 of this act have the meanings ascribed to them in those sections.

      Sec. 88. NRS 645F.160 is hereby amended to read as follows:

      645F.160  The Commissioner shall not, either directly or indirectly, be interested in any mortgage servicer, escrow agency, mortgage broker or mortgage banker to which this chapter and chapters 645A, 645B and 645E of NRS apply, nor engage in business as a personal loan broker.

      Sec. 89. NRS 645F.180 is hereby amended to read as follows:

      645F.180  1.  The Commissioner may appoint deputy commissioners of mortgage lending, examiners, assistants, clerks, stenographers and other employees necessary to assist the Commissioner in the performance of his or her duties pursuant to this chapter, chapters 645A, 645B and 645E of NRS or any other law. These employees shall perform such duties as are assigned to them by the Commissioner.

      2.  The Commissioner may employ or contract with a certified public accountant to review and conduct independent audits and examinations of escrow agencies, mortgage brokers , mortgage servicers and mortgage bankers. The Commissioner shall levy an assessment upon each licensed escrow agency, mortgage broker , mortgage servicer and mortgage banker to cover all the costs related to the employment of or the contract with the certified public accountant and the performance of the audits and examinations.

      3.  Assessments collected by the Commissioner pursuant to subsection 2 must be deposited in the State Treasury for deposit to the Account for Mortgage Lending created by NRS 645F.270 and accounted for separately. The Commissioner shall use the money for the purposes specified in subsection 2.

      Sec. 90. (Deleted by amendment.)

 


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

ê2015 Statutes of Nevada, Page 2809 (Chapter 477, AB 480)ê

 

      Sec. 91. NRS 645F.267 is hereby amended to read as follows:

      645F.267  1.  A mortgage agent, mortgage banker , [or] mortgage broker or mortgage servicer or an employee of a mortgage banker , [or] mortgage broker or mortgage servicer is not required to register or renew with the Registry, or provide reports of financial condition to the Registry, if the mortgage agent, mortgage banker, mortgage broker or mortgage servicer or employee:

      (a) Is not a residential mortgage loan originator or the supervisor of a residential mortgage loan originator; and

      (b) Is not required to register pursuant to the provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

      2.  A mortgage agent, mortgage banker , [or] mortgage broker or mortgage servicer or an employee of a mortgage banker , [or] mortgage broker or mortgage servicer who, pursuant to subsection 1, is not required to register or renew with the Registry and who voluntarily registers or renews with the Registry shall comply with all requirements of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and any regulations adopted pursuant thereto.

      3.  As used in this section, “residential mortgage loan originator” has the meaning ascribed to it in NRS 645B.01325.

      Sec. 92. NRS 645F.280 is hereby amended to read as follows:

      645F.280  1.  The Commissioner shall establish by regulation rates to be paid by all persons licensed by the Commissioner [or the Division] for supervision and examinations by the Commissioner or the Division.

      2.  In establishing a rate for examinations pursuant to subsection 1, the Commissioner shall consider:

      (a) The complexity of the various examinations to which the rate applies;

      (b) The skill required to conduct the examinations;

      (c) The expenses associated with conducting the examination and preparing a report; and

      (d) Any other factors the Commissioner deems relevant.

      Sec. 93. NRS 645F.293 is hereby amended to read as follows:

      645F.293  1.  The Commissioner shall adopt regulations to carry out the provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

      2.  The regulations must include, without limitation:

      (a) A method by which to allow for reporting regularly violations of the relevant provisions of chapter 645B or 645E of NRS, enforcement actions and other relevant information to the Registry; and

      (b) A process whereby a person may challenge information reported to the Registry by the Commissioner.

      3.  The regulations must not require a mortgage agent, mortgage banker , [or] mortgage broker or mortgage servicer or an employee of a mortgage banker , [or] mortgage broker or mortgage servicer to register with the Registry if the mortgage agent, mortgage banker, mortgage broker , mortgage servicer or employee is exempt from registration pursuant to subsection 1 of NRS 645F.267.

      Sec. 94. NRS 645H.040 is hereby amended to read as follows:

      645H.040  “Asset management company” means a person, limited-liability company, partnership, association or corporation which, for compensation and pursuant to a contractual agreement, power of attorney or other legal authorization, engages in asset management on behalf of:

 


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

ê2015 Statutes of Nevada, Page 2810 (Chapter 477, AB 480)ê

 

      1.  A bank, mortgage broker, mortgage banker, mortgage servicer as that term is defined in section 86.2 of this act, credit union, thrift company or savings and loan association, or any subsidiary thereof which is authorized to transact business in this State;

      2.  A mortgage holding entity chartered by Congress; or

      3.  A federal, state or local governmental entity.

      Sec. 95. NRS 645H.060 is hereby amended to read as follows:

      645H.060  “Client” means:

      1.  A bank, mortgage broker, mortgage banker, mortgage servicer as that term is defined in section 86.2 of this act, credit union, thrift company or savings and loan association, or any subsidiary thereof that is authorized to transact business in this State;

      2.  A mortgage holding entity chartered by Congress; or

      3.  A federal, state or local governmental entity,

Ê for whom an asset management company provides asset management.

      Sec. 96. NRS 645H.160 is hereby amended to read as follows:

      645H.160  The provisions of this chapter do not apply to:

      1.  A person who is a regular, full-time employee of a bank, mortgage broker, mortgage banker, mortgage servicer as that term is defined in section 86.2 of this act, credit union, thrift company or savings and loan association, or any subsidiary thereof.

      2.  A person who takes possession of property from a defendant in connection with a judicial proceeding for eminent domain brought pursuant to chapter 37 of NRS.

      Sec. 97. NRS 40.750 is hereby amended to read as follows:

      40.750  1.  As used in this section, “financial institution” means a bank, mortgage broker, mortgage banker, mortgage servicer as that term is defined in section 86.2 of this act, credit union, thrift company or savings and loan association, or any subsidiary or affiliate of a bank, mortgage broker, mortgage banker, mortgage servicer, credit union, thrift company or savings and loan association, which is authorized to transact business in this State and which makes or acquires, in whole or in part, any loan of the kind described in subsection 2.

      2.  Except as otherwise provided in subsection 5, a person who, for the purpose of obtaining a loan secured by a lien on real property, knowingly conceals a material fact, or makes a false statement concerning a material fact knowing that the statement is false, is liable to any financial institution or other lender which relied upon the absence of that concealed fact or on that false statement for any damages it sustains because of the fraud.

      3.  In addition to its actual damages, a financial institution or other lender may recover exemplary or punitive damages in an amount not to exceed 50 percent of the actual damages awarded.

      4.  The cause of action provided by this section:

      (a) Is not, for the purposes of NRS 40.430, an action for the recovery of any debt or an action for the enforcement of any right secured by mortgage or lien upon real estate.

      (b) Is in addition to and not in substitution for any right of foreclosure existing in favor of the financial institution or other lender. Any recovery pursuant to this section does not limit the amount of a judgment awarded pursuant to NRS 40.459, but the financial institution or other lender is not entitled to recover actual damages more than once for the same loss.

 


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

ê2015 Statutes of Nevada, Page 2811 (Chapter 477, AB 480)ê

 

      5.  The provisions of this section do not apply to any loan which is secured by a lien on real property used for residential purposes if:

      (a) The residence is a single-family dwelling occupied by the person obtaining the loan, as represented by the person in connection with the person’s application for the loan; and

      (b) The loan is for the principal amount of $150,000 or less.

      Sec. 98. NRS 205.372 is hereby amended to read as follows:

      205.372  1.  A person who is a participant in a mortgage lending transaction and who:

      (a) Knowingly makes a false statement or misrepresentation concerning a material fact or knowingly conceals or fails to disclose a material fact;

      (b) Knowingly uses or facilitates the use of a false statement or misrepresentation made by another person concerning a material fact or knowingly uses or facilitates the use of another person’s concealment or failure to disclose a material fact;

      (c) Receives any proceeds or any other money in connection with a mortgage lending transaction that the person knows resulted from a violation of paragraph (a) or (b);

      (d) Conspires with another person to violate any of the provisions of paragraph (a), (b) or (c); or

      (e) Files or causes to be filed with a county recorder any document that the person knows to include a misstatement, misrepresentation or omission concerning a material fact,

Ê commits the offense of mortgage lending fraud which is a category C felony and, upon conviction, shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  A person who engages in a pattern of mortgage lending fraud or conspires or attempts to engage in a pattern of mortgage lending fraud is guilty of a category B felony and, upon conviction, shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      3.  Each mortgage lending transaction in which a person violates any provision of subsection 1 constitutes a separate violation.

      4.  Except as otherwise provided in this subsection, if a lender or any agent of the lender is convicted of the offense of mortgage lending fraud in violation of this section, the mortgage lending transaction with regard to which the fraud was committed may be rescinded by the borrower within 6 months after the date of the conviction if the borrower gives written notice to the lender and records that notice with the recorder of the county in which the mortgage was recorded. A mortgage lending transaction may not be rescinded pursuant to this subsection if the lender has transferred the mortgage to a bona fide purchaser.

      5.  The Attorney General may investigate and prosecute a violation of this section.

      6.  In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General.

 


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

ê2015 Statutes of Nevada, Page 2812 (Chapter 477, AB 480)ê

 

civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

      7.  The owner or holder of the beneficial interest in real property which is the subject of mortgage lending fraud may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs.

      8.  As used in this section:

      (a) “Bona fide purchaser” means any person who purchases a mortgage in good faith and for valuable consideration and who does not know or have reasonable cause to believe that the lender or any agent of the lender engaged in mortgage lending fraud in violation of this section.

      (b) “Mortgage lending transaction” means any transaction between two or more persons for the purpose of making or obtaining, attempting to make or obtain, or assisting another person to make or obtain a loan that is secured by a mortgage or other lien on residential real property. The term includes, without limitation:

             (1) The solicitation of a person to make or obtain the loan;

             (2) The representation or offer to represent another person to make or obtain the loan;

             (3) The negotiation of the terms of the loan;

             (4) The provision of services in connection with the loan; and

             (5) The execution of any document in connection with making or obtaining the loan.

      (c) “Participant in a mortgage lending transaction” includes, without limitation:

             (1) A borrower as defined in NRS 598D.020;

             (2) An escrow agent as defined in NRS 645A.010;

             (3) A foreclosure consultant as defined in NRS 645F.320;

             (4) A foreclosure purchaser as defined in NRS 645F.330;

             (5) An investor as defined in NRS 645B.0121;

             (6) A lender as defined in NRS 598D.050;

             (7) A loan modification consultant as defined in NRS 645F.365;

             (8) A mortgage agent as defined in NRS 645B.0125;

             (9) A mortgage banker as defined in NRS 645E.100; [and]

             (10) A mortgage broker as defined in NRS 645B.0127 [.] ; and

             (11) A mortgage servicer as defined in section 86.2 of this act.

      (d) “Pattern of mortgage lending fraud” means one or more violations of a provision of subsection 1 committed in two or more mortgage lending transactions which have the same or similar purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics.

      Sec. 99. (Deleted by amendment.)

      Sec. 100. NRS 675.035 is hereby amended to read as follows:

      675.035  The provisions of this chapter apply to any person who:

      1.  Makes installment loans that are not subject to regulation pursuant to chapter 604A of NRS;

      2.  Is an affiliate, subsidiary or holding company of a bank, national banking association, savings bank, trust company, savings and loan association, credit union, mortgage broker, mortgage banker, mortgage servicer as that term is defined in section 86.2 of this act, thrift company or insurance company; and

 


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

ê2015 Statutes of Nevada, Page 2813 (Chapter 477, AB 480)ê

 

association, credit union, mortgage broker, mortgage banker, mortgage servicer as that term is defined in section 86.2 of this act, thrift company or insurance company; and

      3.  Seeks to evade its application by any device, subterfuge or pretense, including, without limitation:

      (a) Calling a loan by any other name;

      (b) Using any agents, affiliates or subsidiaries in an attempt to avoid the application of the provisions of this chapter; or

      (c) Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter pursuant to subsection 1 of NRS 675.040, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a material economic interest in the revenues generated by the loan.

      Sec. 101. (Deleted by amendment.)

      Sec. 101.3. NRS 677.241 is hereby amended to read as follows:

      677.241  1.  Subject to the prior approval of the Commissioner, a licensee may, by a majority vote of its board of directors:

      [1.](a) Enter into a contract, incur an obligation and perform other acts necessary to obtain a membership or other benefit that is available to a thrift company or its customers, stockholders, conservators, receivers or liquidators pursuant to the provisions of:

      [(a)](1) The Federal Deposit Insurance Act , [(] 12 U.S.C. §§ 1811 et seq. ; [) or

      (b)]

             (2) The National Housing Act , [(] 12 U.S.C. §§ 1701 to 1743, inclusive [).

      2.]; or

             (3) A contract for the insurance of deposits that is issued by a private insurer and approved by the Commissioner and the Commissioner of Insurance.

      (b) Subscribe for and acquire any stock, debentures, bonds or other types of securities of the Federal Deposit Insurance Corporation.

      2.  The Commissioner shall adopt regulations prescribing the requirements that must be complied with before a contract issued pursuant to subparagraph (3) of paragraph (a) of subsection 1 will be approved by the Commissioner.

      Sec. 101.7. NRS 677.247 is hereby amended to read as follows:

      677.247  1.  [Except as otherwise provided in subsection 2, an] An applicant for an authorization to engage in the business regulated pursuant to this chapter must obtain:

      (a) The insurance of deposits provided pursuant to the provisions of the Federal Deposit Insurance Act , [(] 12 U.S.C. §§ 1811 et seq. ; [); or]

      (b) The insurance of deposits provided pursuant to the provisions of the National Housing Act , [(] 12 U.S.C. §§ 1701 to 1743, inclusive [).

      2.  A person who:

      (a) Is licensed pursuant to this chapter before October 1, 1997; and

      (b) Has not obtained the insurance of deposits provided in subsection 1,

Ê may obtain a] ; or

      (c) A contract for the insurance of deposits that is issued by a private insurer [. The contract must be] and approved by the Commissioner and the Commissioner of Insurance.

 


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

ê2015 Statutes of Nevada, Page 2814 (Chapter 477, AB 480)ê

 

      [3.]2.  The Commissioner shall adopt regulations prescribing the requirements that must be complied with before a contract issued pursuant to paragraph (c) of subsection [2] 1 will be approved by [him or her.] the Commissioner.

      Sec. 102. NRS 645A.210 and 645F.265 are hereby repealed.

      Sec. 103.  1.  This section and sections 101.3 and 101.7 of this act become effective upon passage and approval.

      2.  Sections 1 to 101, inclusive, and section 102 of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing 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.

________

CHAPTER 478, AB 484

Assembly Bill No. 484–Committee on Ways and Means

 

CHAPTER 478

 

[Approved: June 9, 2015]

 

AN ACT relating to license plates; providing for the reissuance of new license plates by the Department of Motor Vehicles at certain intervals to replace existing license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Department of Motor Vehicles is required to furnish to every owner whose vehicle is required to be registered two license plates for a motor vehicle other than a motorcycle and one license plate for all other vehicles, including, without limitation, a motorcycle, a trailer and certain farm tractors or self-propelled implements of husbandry. (NRS 482.265, 482.276) Existing law provides that, in addition to any other fee, the Department may by regulation impose a fee to defray the cost of issuing a license plate. (NRS 482.268) Section 2 of this bill requires the Department to reissue a license plate or plates issued by the Department every 8 years, and authorizes the Director of the Department to provide procedures for such reissuance in regulations. Section 1 of this bill provides for the reissuance of such a plate for a trailer with a 3-year registration period at the first renewal of registration that occurs after the existing plate has been issued for 8 years. (NRS 482.2065) Section 6 of this bill requires the Department, at the time when a license plate or a set of plates is to be reissued, to include with the notification of renewal of registration for the plate or plates the amount of any fee to be charged for the reissuance. (NRS 482.280)

 

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 482.2065 is hereby amended to read as follows:

      482.2065  1.  A trailer may be registered for a 3-year period as provided in this section.

 


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

ê2015 Statutes of Nevada, Page 2815 (Chapter 478, AB 484)ê

 

      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance , reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.

      4.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 2. NRS 482.265 is hereby amended to read as follows:

      482.265  1.  The Department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the Department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

      2.  Except as otherwise provided in NRS 482.2065, every 8 years the Department shall reissue a license plate or plates at the time of renewal of each license plate or plates issued pursuant to this chapter. The Director may adopt regulations to provide procedures for such reissuance.

      3.  The Director shall have the authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

      [3.]4.  Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:

      (a) The fee to be received by the Department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;

      (b) The fee to be received by the Department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and

      (c) The Department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.

 


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

ê2015 Statutes of Nevada, Page 2816 (Chapter 478, AB 484)ê

 

      [4.]5.  The provisions of subsection [3] 4 do not apply to NRS 482.37901.

      Sec. 3. NRS 482.266 is hereby amended to read as follows:

      482.266  1.  A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:

      (a) Submit a written request for such license plates to the Department in a manner and form prescribed by the Department; and

      (b) In addition to all other applicable registration fees, licensing fees and governmental services taxes, pay the manufacturing fee prescribed by the Department.

Ê A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection [3] 4 of NRS 482.265.

      2.  After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the Department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The Department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.

      3.  The Department shall:

      (a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to the requester at the time of the request.

      (b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:

             (1) Collected by the Department;

             (2) Deposited with the State Treasurer to the credit of the State Highway Fund; and

             (3) Allocated to the Revolving Account for the Issuance of Special License Plates created pursuant to NRS 482.1805 to defray the costs of manufacturing license plates pursuant to this section.

      4.  A person who requests license plates pursuant to this section may keep the license plates which are registered to him or her at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to the person at the time of the request.

      Sec. 4. NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates.

      2.  Except as otherwise provided in subsection 3, the Department [shall,] may, upon the payment of all applicable fees, issue redesigned motor vehicle license plates .

 


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

ê2015 Statutes of Nevada, Page 2817 (Chapter 478, AB 484)ê

 

license plates . [pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.]

      3.  The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, [482.3775, 482.378,] 482.379 or 482.37901, without the approval of the person.

      4.  The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      5.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of this State, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      6.  Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:

      (a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (f) of subsection 2 of that section; and

      (b) The remainder of the plate conforms to the requirements for lettering and design that are set forth in this section.

      Sec. 5. NRS 482.276 is hereby amended to read as follows:

      482.276  Notwithstanding any provision of this chapter to the contrary:

      1.  Any agricultural user who wishes to obtain a license plate and decal to operate a farm tractor or self-propelled implement of husbandry on the highways of this State may submit an application to the Motor Carrier Division of the Department. Each application must be made upon the appropriate form furnished by the Department. The application must include a nonrefundable fee of $20.50 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance which provides at least $300,000 in coverage for bodily injury and property damage resulting from any single accident caused by the agricultural user while operating the farm tractor or self-propelled implement of husbandry. As soon as practicable after receiving the application, fee and evidence of insurance, the Department shall issue the license plate and decal to the agricultural user to affix to the farm tractor or self-propelled implement of husbandry. A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal. The license plate and decal are not transferable and must be surrendered or returned to the Department within 60 days after:

      (a) A transfer of ownership or interest in the farm tractor or self-propelled implement of husbandry occurs; or

 


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

ê2015 Statutes of Nevada, Page 2818 (Chapter 478, AB 484)ê

 

      (b) The decal expires pursuant to this subsection and the agricultural user fails to submit an application for renewal pursuant to subsection 2.

      2.  An application for the renewal of a license plate and decal issued pursuant to subsection 1 must be made upon the appropriate form furnished by the Department. The application for renewal must include a nonrefundable fee of $10 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance specified in subsection 1. As soon as practicable after receiving the application for renewal, fee and evidence of insurance, the Department shall issue a new decal to affix to the license plate [.] or a plate reissued pursuant to subsection 2 of NRS 482.265. A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal.

      3.  A license plate issued pursuant to subsection 1 must be displayed on the farm tractor or self-propelled implement of husbandry in such a manner that the license plate is easily visible from the rear of the farm tractor or self-propelled implement of husbandry. If the license plate is lost or destroyed, the Department may issue a replacement plate upon the payment of a fee of 50 cents. If the decal is lost or destroyed, the Department may, upon the payment of the fee specified in subsection 2, issue a replacement decal for the farm tractor or self-propelled implement of husbandry.

      4.  Notwithstanding any provision of chapter 445B of NRS to the contrary, an agricultural user is not required to obtain a certificate of compliance or vehicle inspection report concerning the control of emissions from a farm tractor or self-propelled implement of husbandry before obtaining a license plate and decal for or operating the farm tractor or self-propelled implement of husbandry pursuant to this section.

      5.  As used in this section, “agricultural user” means any person who owns or operates a farm tractor or self-propelled implement of husbandry specified in subsection 1 for an agricultural use. As used in this subsection, “agricultural use” has the meaning ascribed to it in NRS 361A.030.

      Sec. 6. NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The Department shall mail to each holder of a certificate of registration a notification for renewal of registration for the following period of registration. The notifications must be mailed by the Department in sufficient time to allow all applicants to mail the notifications to the Department or to renew the certificate of registration at a kiosk or authorized inspection station or via the Internet or an interactive response system and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present or submit the notification to any agent or office of the Department.

      2.  A notification:

      (a) Mailed or presented to the Department or to a county assessor pursuant to the provisions of this section;

      (b) Submitted to the Department pursuant to NRS 482.294; or

      (c) Presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281,

 


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

ê2015 Statutes of Nevada, Page 2819 (Chapter 478, AB 484)ê

 

Ê must include, if required, evidence of compliance with standards for the control of emissions.

      3.  The Department shall include with each notification mailed pursuant to subsection 1:

      (a) The amount of the governmental services tax to be collected pursuant to the provisions of NRS 482.260.

      (b) The amount set forth in a notice of nonpayment filed with the Department by a local authority pursuant to NRS 484B.527.

      (c) A statement which informs the applicant:

             (1) That, pursuant to NRS 485.185, the applicant is legally required to maintain insurance during the period in which the motor vehicle is registered which must be provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State; and

             (2) Of any other applicable requirements set forth in chapter 485 of NRS and any regulations adopted pursuant thereto.

      (d) A statement which informs the applicant that, if the applicant renews a certificate of registration at a kiosk or via the Internet, he or she may make a nonrefundable monetary contribution of $2 for each vehicle registration renewed for the Complete Streets Program, if any, created pursuant to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The notification must state in a clear and conspicuous manner that a contribution for a Complete Streets Program is nonrefundable and voluntary and is in addition to any fees required for registration.

      (e) Any amount due for reissuance of a license plate or a plate reissued pursuant to subsection 2 of NRS 482.265, if applicable.

      4.  An application for renewal of a certificate of registration submitted at a kiosk or via the Internet must include a statement which informs the applicant that he or she may make a nonrefundable monetary contribution of $2, for each vehicle registration which is renewed at a kiosk or via the Internet, for the Complete Streets Program, if any, created pursuant to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The application must state in a clear and conspicuous manner that a contribution for a Complete Streets Program is nonrefundable and voluntary and is in addition to any fees required for registration, and must include a method by which the applicant must indicate his or her intention to opt in or opt out of making such a contribution.

      5.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the Department as it may find necessary for the issuance of the new plate or plates or card of registration.

      Sec. 7. NRS 482.3667 is hereby amended to read as follows:

      482.3667  1.  The Department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.

 


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

ê2015 Statutes of Nevada, Page 2820 (Chapter 478, AB 484)ê

 

      2.  The Department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks or trailers, except that such plates may not be issued for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      3.  Except as otherwise provided in NRS 482.2065, personalized prestige license plates are valid for 12 months and are renewable upon expiration. [These]

      4.  Except as otherwise provided in subsection 6, personalized prestige license plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter.

      [4.]5.  In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee has priority.

      [5.]6.  The Department may limit by regulation the number of letters and numbers used , [and] prohibit the use of inappropriate letters or combinations of letters and numbers [.

      6.] and prohibit the transfer of personalized prestige license plates from one vehicle or trailer to another if such a transfer would result in an inappropriate use of letters or combination of letters and numbers.

      7.  The Department shall not assign to any person not holding the relevant office any letters and numbers denoting that the holder holds a public office.

      Sec. 8. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

 


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

ê2015 Statutes of Nevada, Page 2821 (Chapter 478, AB 484)ê

 

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. [Such] Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

 


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

ê2015 Statutes of Nevada, Page 2822 (Chapter 478, AB 484)ê

 

provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 9. NRS 482.3757 is hereby amended to read as follows:

      482.3757  1.  Except as otherwise provided in this section, the Department shall design, prepare and issue license plates honoring peace officers who have received a medal specified in subsection 3, or the equivalent thereof.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the person. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is:

      (a) A current or former peace officer who has received one or more of the following medals, or the equivalent thereof, for his or her service as a peace officer:

             (1) The Medal of Honor;

             (2) The Purple Heart;

             (3) The Medal of Valor;

             (4) The Lifesaving Medal;

             (5) The Meritorious Service Medal; or

             (6) The Distinguished Service Medal; or

      (b) A family member of a person who was:

             (1) Killed in the line of duty while serving as a peace officer; and

             (2) Awarded posthumously the Medal of Honor, or the equivalent thereof, for his or her actions as a peace officer.

      4.  A qualifying event described in subsection 3 that entitles a person to special license plates issued pursuant to the provisions of this section is a qualifying event regardless of whether the event occurs or occurred before, on or after July 1, 2013.

      5.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      6.  Except as otherwise provided in this subsection [,] and NRS 482.265, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for [a fee of $5.] the fee required pursuant to NRS 482.268.

      7.  As used in this section:

 


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

ê2015 Statutes of Nevada, Page 2823 (Chapter 478, AB 484)ê

 

      (a) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

      (b) “Killed in the line of duty while serving as a peace officer” includes peace officers who:

             (1) Are killed directly in the line of duty; and

             (2) Die as a result of injuries sustained in the line of duty.

      (c) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 10. NRS 482.3775 is hereby amended to read as follows:

      482.3775  1.  A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to specially designed license plates which indicate that the veteran is a recipient of the Purple Heart.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Purple Heart as required by the Department. The Department may designate any appropriate colors for the special plates.

      4.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      5.  Except as otherwise provided in this subsection [,] and NRS 482.265, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for [a fee of $5.] the fee required pursuant to NRS 482.268.

      Sec. 11. NRS 482.3785 is hereby amended to read as follows:

      482.3785  1.  Each family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

 


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

ê2015 Statutes of Nevada, Page 2824 (Chapter 478, AB 484)ê

 

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates, but must ensure that the design of the plates includes a gold star.

      4.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      5.  Except as otherwise provided in this subsection [,] and NRS 482.265, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for [a fee of $5.] the fee required pursuant to NRS 482.268.

      6.  As used in this section:

      (a) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

      (b) “Killed in the line of duty while on active duty in the Armed Forces of the United States” includes persons killed directly in the line of duty and persons who die as a result of injuries sustained in the line of duty.

      Sec. 12. NRS 482.3787 is hereby amended to read as follows:

      482.3787  1.  Each family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates.

 

 

 


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

ê2015 Statutes of Nevada, Page 2825 (Chapter 478, AB 484)ê

 

      4.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      5.  Except as otherwise provided in this subsection [,] and NRS 482.265, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for [a fee of $5.] the fee required pursuant to NRS 482.268.

      6.  As used in this section:

      (a) “Died as a result of injuries sustained while on active duty in the Armed Forces of the United States” includes persons who die as a result of an injury sustained while on active duty whether or not the person had been discharged from military service at the time of his or her death.

      (b) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

      Sec. 13. NRS 482.3825 is hereby amended to read as follows:

      482.3825  1.  The Director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The Director may establish a fee for the issuance of such plates of not more than $15 per plate. The Department may issue more than one plate of any particular design.

      2.  All money collected from the issuance of souvenir license plates must be deposited in the State Treasury for credit to the [Motor Vehicle Fund.] License Plate Production Account created by NRS 482.268.

      3.  As used in this section, “issuance” does not include the resale of a souvenir license plate as authorized pursuant to paragraph (a) of subsection 1 of NRS 482.3824.

      Sec. 14.  1.  This section and sections 3, 4, 7 and 9 to 13, inclusive, of this act become effective upon passage and approval; and

      2.  Sections 1, 2, 5, 6 and 8 of this act become effective:

      (a) On July 1, 2015, for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      (b) On July 1, 2016, for all other purposes.

________

 


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

ê2015 Statutes of Nevada, Page 2826ê

 

CHAPTER 479, AB 485

Assembly Bill No. 485–Committee on Ways and Means

 

CHAPTER 479

 

[Approved: June 9, 2015]

 

AN ACT relating to economic development; revising the duties of the Director of the Office of Science, Innovation and Technology; transferring the Advisory Council on Science, Technology, Engineering and Mathematics from the Department of Education to the Office; reducing the membership of the Council; revising certain duties of the Council; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Office of Science, Innovation and Technology in the Office of the Governor and sets forth the duties of the Director of the Office of Science, Innovation and Technology. (NRS 223.600, 223.610) Section 1 of this bill revises the duties of the Director to include, without limitation: (1) coordinating activities in the State relating to broadband service; (2) providing support to the Advisory Council on Science, Technology, Engineering and Mathematics; and (3) administering such grants as are provided by legislative appropriation.

      Existing law creates the Advisory Council on Science, Technology, Engineering and Mathematics within the Department of Education and provides for its membership and duties. The provisions of existing law which create the Advisory Council are also set to expire by limitation on June 30, 2017. (NRS 385.700, 385.705) Section 2 of this bill transfers the Advisory Council to the Office of Science, Innovation and Technology and reduces the membership of the Advisory Council. Section 2 also requires the Advisory Council to meet at least six times each year. Section 4 of this bill makes the Advisory Council permanent.

      Section 3 of this bill imposes certain duties upon the Council concerning surveys and recommendations and requires the Board of Regents of the University of Nevada to consider certain plans developed by the Council. Section 3 also requires the Advisory Council to establish annual events in southern Nevada and northern Nevada to: (1) recognize pupils who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics; and (2) establish a statewide event in Carson City to recognize not more than 15 schools that demonstrate exemplary performance in such fields.

 

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 223.610 is hereby amended to read as follows:

      223.610  The Director of the Office of Science, Innovation and Technology shall:

      1.  Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.

      2.  Work in coordination with the Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.

 


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

ê2015 Statutes of Nevada, Page 2827 (Chapter 479, AB 485)ê

 

      3.  As directed by the Governor , [and the Executive Director of the Office of Economic Development,] identify, recommend and carry out policies related to science, innovation and technology.

      4.  Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.

      5.  [Develop and coordinate efforts to attract biotechnological companies to] Coordinate activities in this State [.] relating to the planning, mapping and procurement of broadband service.

      6.  [Establish and maintain a clearinghouse of information regarding biotechnological business] Provide support to the Advisory Council on Science, Technology, Engineering and Mathematics and direct the implementation in this State [.] of plans developed by the Council concerning, without limitation, workforce development, college preparedness and economic development.

      7.  In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      8.  Administer such grants as are provided by legislative appropriation.

      Sec. 2. NRS 385.700 is hereby amended to read as follows:

      385.700  1.  The Advisory Council on Science, Technology, Engineering and Mathematics is hereby created within the [Department of Education.] Office of Science, Innovation and Technology. The Council consists of:

      (a) The following ex officio members:

             (1) The Superintendent of Public Instruction or his or her designee;

             (2) The Chancellor of the Nevada System of Higher Education or his or her designee;

             (3) The Executive Director of the Office of Economic Development or his or her designee; and

             (4) The Director of the Department of Employment, Training and Rehabilitation or his or her designee;

      (b) Three members appointed by the Governor pursuant to subsection 2;

      (c) [Four] Two members appointed by the Majority Leader of the Senate pursuant to [subsections 2 and 3;] subsection 2;

      (d) [Four] Two members appointed by the Speaker of the Assembly pursuant to [subsections 2 and 3;] subsection 2;

      (e) [One member] Two members appointed by the Minority Leader of the Senate pursuant to subsection [4;] 2; and

      (f) [One member] Two members appointed by the Minority Leader of the Assembly pursuant to subsection [4.] subsection 2.

      2.  The Governor, the Majority Leader and the Minority Leader of the Senate and the Speaker and the Minority Leader of the Assembly shall [each appoint:

      (a) One member who is a classroom teacher in the field of science, technology, engineering or mathematics;

      (b) One member who is an administrator of a public school or school district in this State with an education program relating to the fields of science, technology, engineering and mathematics; and

 


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

ê2015 Statutes of Nevada, Page 2828 (Chapter 479, AB 485)ê

 

      (c) One member who represents businesses that employ persons in careers which are enhanced by education in science, technology, engineering and mathematics, including, without limitation, careers relating to manufacturing, information technology, aerospace engineering, health sciences and mining.

      3.  The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint one additional member from among the persons described in paragraphs (a), (b) and (c) of subsection 2.

      4.  The Minority Leader of the Senate and the Minority Leader of the Assembly shall each appoint one member from among the persons described in paragraphs (a), (b) and (c) of subsection 2.

      5.]  coordinate their respective appointments of members to the Council:

      (a) On a geographic basis to ensure statewide representation; and

      (b) To ensure representation from:

             (1) Classroom teachers or administrators in the field of science, technology, engineering or mathematics;

             (2) Higher education in the field of science, technology, engineering or mathematics; and

             (3) Businesses operating in the sectors relating to science, technology, engineering or mathematics.

      3.  Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      [6.  The Council shall hold its first regular meeting as soon as practicable on or after July 1, 2013, at the call of the Governor. At the first regular meeting of the Council, the members of the Council shall elect a Chair by majority vote.

      7.]4.  The Council shall meet [not more than four] at least six times each year at the call of the Chair. Two meetings of the Council must be held in person and any other meeting may be held by videoconference.

      [8.]5.  A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.

      [9.]6.  The Chair may appoint such subcommittees of the Council as the Chair determines necessary to carry out the duties of the Council.

      [10.]7.  The members of the Council serve without compensation [.] , except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Council.

      Sec. 3. NRS 385.705 is hereby amended to read as follows:

      385.705  1.  The Advisory Council on Science, Technology, Engineering and Mathematics created by NRS 385.700 shall:

      (a) Develop a strategic plan for the development of educational resources in the fields of science, technology, engineering and mathematics to serve as a foundation for workforce development, college preparedness and economic development in this State;

      (b) Develop a plan for identifying and awarding recognition to pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics;

 


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

ê2015 Statutes of Nevada, Page 2829 (Chapter 479, AB 485)ê

 

      (c) Develop a plan for identifying and awarding recognition to not more than 15 schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;

      (d) Conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identify recommendations for the implementation of such programs by public schools and institutions of higher education in this State and report the information gathered by the survey to the State Board of Education [;] and the Board of Regents of the University of Nevada;

      (e) Apply for grants on behalf of the State of Nevada relating to the development and expansion of education programs in the fields of science, technology, engineering and mathematics;

      (f) Identify a nonprofit corporation to assist in the implementation of the plans developed pursuant to paragraphs (a), (b) and (c); [and]

      (g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to paragraph (d) and any other recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Board of Regents of the University of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature [.] ; and

      (h) Conduct surveys for and make recommendations as deemed necessary to the Office of Economic Development and the Governor’s Workforce Investment Board.

      2.  Each year the Council:

      (a) Shall establish an event in southern Nevada and an event in northern Nevada to recognize pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics. The events must be held at an institution of higher education in this State.

      (b) Shall establish a statewide event which must be held in Carson City to recognize not more than 15 schools in this State that have demonstrated exemplary performance in the fields of science, technology, engineering and mathematics.

      (c) May accept any gifts, grants or donations from any source for use in carrying out the provisions of this subsection.

      3.  The Council or a subcommittee of the Council may seek the input, advice and assistance of persons and organizations that have knowledge, interest or expertise relevant to the duties of the Council.

      [3.]4.  The State Board of Education and the Board of Regents of the University of Nevada shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 and the written report submitted pursuant to paragraph (g) of subsection 1 . [and] The State Board of Education shall adopt such regulations as the State Board deems necessary to carry out the recommendations in the written report.

 


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

ê2015 Statutes of Nevada, Page 2830 (Chapter 479, AB 485)ê

 

      Sec. 4. Section 4 of chapter 235, Statutes of Nevada 2013, at page 1011, is hereby amended to read as follows:

       Sec. 4.  This act becomes effective on July 1, 2013 . [, and expires by limitation on June 30, 2017.]

      Sec. 5.  1.  The terms of the current members of the Advisory Council on Science, Technology, Engineering and Mathematics appointed pursuant to paragraphs (c) and (d) of subsection 1 of NRS 385.700 expire on July 1, 2015.

      2.  The Speaker of the Assembly shall:

      (a) Reappoint one of the members whose term expired on July 1, 2015, or shall appoint a new member of the Advisory Council pursuant to paragraph (d) of subsection 1 of NRS 385.700, as amended by section 2 of this act, to a term ending on June 30, 2016; and

      (b) Appoint one new member of the Advisory Council pursuant to paragraph (d) of subsection 1 of NRS 385.700, as amended by section 2 of this act, to a term ending on June 30, 2017.

      3.  The Majority Leader of the Senate shall:

      (a) Reappoint one of the members whose term expired on July 1, 2015, or shall appoint a new member of the Advisory Council pursuant to paragraph (c) of subsection 1 of NRS 385.700, as amended by section 2 of this act, to a term ending on June 30, 2017; and

      (b) Appoint one new member of the Advisory Council pursuant to paragraph (c) of subsection 1 of NRS 385.700, as amended by section 2 of this act, to a term ending on June 30, 2017.

      4.  In addition to the current members of the Advisory Council on Science, Technology, Engineering and Mathematics appointed pursuant to paragraphs (e) and (f) of subsection 1 of NRS 385.700, the Minority Leader of the Senate and the Minority Leader of the Assembly shall each appoint one new member of the Advisory Council pursuant to paragraph (e) or (f), respectively, of subsection 1 of NRS 385.700, as amended by section 2 of this act, to terms ending on June 30, 2018.

      Sec. 6.  1.  This section and section 4 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 3, and 5 of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations, appointing members to the Advisory Council on Science, Technology, Engineering and Mathematics and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On July 1, 2015, for all other purposes.

________

 

Link to Page 2831